Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 a.m. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof by cable or telecopy. Each such notice of a Contract Borrowing (a "Notice of Contract Borrowing") shall be in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Contract Borrowing, (ii) Type of Contract Advances comprising such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing and (iv) Interest Period. Each Bank shall, before 12:00 noon (New York City time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Bank's ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's aforesaid address. (b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank against any loss, cost or expense incurred by such Bank as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to include, without limitation, any loss (including loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Contract Advance to be made by such Bank as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date. (c) Unless the Administrative Agent shall have received notice from a Bank prior to the date of any Contract Borrowing that such Bank will not make available to the Administrative Agent such Bank's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with Section 2.02(a) 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 Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank 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 Contract Advances comprising such Contract Borrowing and (ii) in the case of such Bank, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Contract Advance as part of such Contract Borrowing for purposes of this Agreement. (d) The failure of any Bank to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Contract Advance to be made by such other Bank on the date of any Contract Borrowing.
Appears in 2 contracts
Samples: 364 Day Competitive Advance/Revolving Credit Agreement (Union Pacific Resources Group Inc), 364 Day Competitive Advance/Revolving Credit Agreement (Union Pacific Resources Group Inc)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 10:30 a.m. (New York City time) on the day of the proposed Borrowing; (ii) in the case of a Borrowing consisting of Adjusted CD Rate Advances, not later than noon (New York City time) on the second Business Day prior to the date day of the proposed Borrowing; and (iiiii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. noon (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof by cable or telecopy. Each such notice of a Contract Borrowing (a "“Notice of Contract Borrowing"”) shall be in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Contract Borrowing, (ii) Type of Contract Advances comprising such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing and (iv) Interest Period. Each Bank shall, before 12:00 noon (New York City time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same same-day funds, such Bank's ’s ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's ’s aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of Eurodollar Rate Contract Advances or Adjusted CD Rate Advances, the Borrower shall indemnify each Bank against any loss, cost or expense reasonably incurred by such Bank as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to include, without limitation, any loss (including loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Contract Advance to be made by such Bank as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank prior to the date of any Contract Borrowing that such Bank will not make available to the Administrative Agent such Bank's ’s ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank 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 Contract Advances comprising such Contract Borrowing and (ii) in the case of such Bank, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's ’s Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Contract Advance to be made by such other Bank on the date of any Contract Borrowing.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Union Pacific Corp), Revolving Credit Agreement (Union Pacific Corp)
Making the Contract Advances. (a) Each Contract Borrowing (other than pursuant to a Conversion) shall be made on notice, given (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 a.m. 10:00 A.M. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. (New York City Chicago time) on the third Business Day prior to the date of the any proposed Contract BorrowingBorrowing comprising Eurodollar Rate Advances, on the second Business Day prior to the date of any proposed Contract Borrowing comprising Adjusted CD Rate Advances and on the date of any proposed Contract Borrowing comprising Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by cable or telecopythereof. Each such notice of a Contract Borrowing (a "Notice of a Contract Borrowing") shall be sent 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 Contract Borrowing, (ii) Type of Contract Advances comprising to be made in connection with such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing Borrowing, and (iv) in the case of a Contract Borrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest PeriodPeriod for the Contract Advances to be made in connection with such Contract Borrowing. Each Bank Lender shall, before 12:00 noon 11:00 A.M. (New York City Chicago time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such BankLender's ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's aforesaid address.
(b) Each Notice of a Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which that the related Notice of a Contract Borrowing specifies is to be comprised of comprise Adjusted CD Rate Advances or Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank Lender against any loss, cost or expense incurred by such Bank Lender as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of a Contract Borrowing for such Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to includeincluding, without limitation, any loss (including loss of anticipated profits)loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank Lender to fund the Contract Advance to be made by such Bank Lender as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank Lender prior to the date of any Contract Borrowing that such Bank Lender will not make available to the Administrative Agent such BankLender's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank Lender has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank Lender shall not have so made such ratable portion available to the Administrative Agent, such Bank Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, 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 Contract Advances comprising made in connection with such Contract Borrowing and (ii) in the case of such BankLender, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such BankLender's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank Lender to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank Lender of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank Lender shall be responsible for the failure of any other Bank Lender to make the Contract Advance to be made by such other Bank Lender on the date of any Contract Borrowing.
(e) Notwithstanding anything to the contrary contained herein, no more than sixteen (16) Contract Borrowings comprising Adjusted CD Rate Advances and Eurodollar Rate Advances may be outstanding at any time.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Peco Energy Co), 364 Day Credit Agreement (Peco Energy Co)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 10:30 a.m. (New York City time) on the day of the proposed Borrowing; (ii) in the case of a Borrowing consisting of Adjusted CD Rate Advances, not later than noon (New York City time) on the second Business Day prior to the date day of the proposed Borrowing; and (iiiii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. noon (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof by cable or telecopy. Each such notice of a Contract Borrowing (a "“Notice of Contract Borrowing"”) shall be in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Contract Borrowing, (ii) Type of Contract Advances comprising such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing and (iv) Interest Period. Each Bank shall, before 12:00 noon (New York City time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same same-day funds, such Bank's ’s ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's ’s aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of Eurodollar Rate Contract Advances or Adjusted CD Rate Advances, the Borrower shall indemnify each Bank against any loss, cost or expense reasonably incurred by such Bank as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to include, without limitation, any loss (including loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Contract Advance to be made by such Bank as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank prior to the date (or, in the case of any Borrowing consisting of Alternate Base Rate Advances, prior to noon (New York City time) on the date such Borrowing is to be made) of any Contract Borrowing that such Bank will not make available to the Administrative Agent such Bank's ’s ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank 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 Contract Advances comprising such Contract Borrowing and (ii) in the case of such Bank, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's ’s Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Contract Advance to be made by such other Bank on the date of any Contract Borrowing.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Union Pacific Corp), Revolving Credit Agreement (Union Pacific Corp)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given not later than (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 a.m. 10:00 A.M. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. (New York City Chicago time) on the third Business Day prior to the date of the any proposed Contract BorrowingBorrowing comprising Eurodollar Rate Advances or Adjusted CD Rate Advances, and (ii) 9:00 A.M. (Chicago time) on the date of any proposed Contract Borrowing comprising Base Rate Advances, by the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by cable or telecopythereof; provided, that the Lenders will, to the extent feasible to transfer funds and fund in the relevant market, fund the initial Contract Borrowing on less notice in order to accommodate the needs of the Borrower in refunding borrowings outstanding under the Existing Credit Agreements. Each such notice of a Contract Borrowing (a "Notice of Contract 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 Contract Borrowing, (ii) Type of Contract Advances comprising to be made in connection with such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing Borrowing, and (iv) in the case of a Contract Borrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest PeriodPeriod for each such Contract Advance. Each Bank Lender shall, before 12:00 noon 11:00 A.M. (New York City Chicago time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such BankLender's ratable portion (according to the Lenders' respective Commitments) of such Contract Borrowing. Upon 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 at the Administrative Agent's aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which that the related Notice of Contract Borrowing specifies is to be comprised of comprise Adjusted CD Rate Advances or Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank Lender against any loss, cost or expense incurred by such Bank Lender as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing for such Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to includeincluding, without limitation, any loss (including loss of anticipated profits)loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank Lender to fund the Contract Advance to be made by such Bank Lender as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank Lender prior to the date of any Contract Borrowing that such Bank Lender will not make available to the Administrative Agent such BankLender's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank Lender has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank Lender shall not have so made such ratable portion available to the Administrative Agent, such Bank Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, 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 Contract Advances comprising made in connection with such Contract Borrowing and (ii) in the case of such BankLender, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such BankLender's Contract Advance as part of such Contract Borrowing for purposes of this Agreement. Nothing in this subsection shall be deemed to relieve any Lender from its obligation to make any Contract Advance required to be made by such Lender hereunder or to prejudice any rights the Borrower may have against any Lender as a result of any default by such Lender hereunder.
(d) The failure of any Bank Lender to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank Lender of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank Lender shall be responsible for the failure of any other Bank Lender to make the Contract Advance to be made by such other Bank Lender on the date of any Contract Borrowing.
(e) Notwithstanding anything to the contrary contained herein, no more than eight Contract Borrowings which do not consist of Base Rate Advances may be outstanding at any time.
Appears in 2 contracts
Samples: Credit Agreement (Louisville Gas & Electric Co /Ky/), Credit Agreement (Louisville Gas & Electric Co /Ky/)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Contract Borrowing consisting of Alternate Base comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, not later than 11:00 a.m. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, and (i) in the case of a Contract Borrowing comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by cable or telecopythereof. Each such notice of a Contract Borrowing (a "Notice of Contract Borrowing"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 (iA) date of such Contract Borrowing, (iiA) Type of Contract Advances comprising to be made in connection with such Contract Borrowing, (iiiA) aggregate amount of such Contract Borrowing Borrowing, and (ivA) in the case of a Contract Borrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest PeriodPeriod for each such Contract Advance. Each Bank Lender shall, before (x) 12:00 noon (New York City time) on the date of any such Contract BorrowingBorrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Contract Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Bank's Lender s ratable portion of such Contract Borrowing. Upon After the Administrative Agent's 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 at the Administrative Agent's Agent s aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of requesting Adjusted CD Rate Advances or Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank Lender against any loss, cost or expense incurred by such Bank Lender as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing for such Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to includeincluding, without limitation, any loss (including loss of anticipated profits)loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank Lender to fund the Contract Advance to be made by such Bank Lender as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank Lender prior to the date of any Contract Borrowing that such Bank Lender will not make available to the Administrative Agent such Bank's Lender s ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank Lender has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank Lender shall not have so made such ratable portion available to the Administrative Agent, such Bank Lender and the Borrower (following the Agent s demand on such Lender for the corresponding amount) severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, 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 Contract Advances comprising made in connection with such Contract Borrowing and (iii) in the case of such BankLender, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Lender s Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank Lender to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank Lender of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank Lender shall be responsible for the failure of any other Bank Lender to make the Contract Advance to be made by such other Bank Lender on the date of any Contract Borrowing.
Appears in 1 contract
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 10:30 a.m. (New York City time) on the day of the proposed Borrowing; (ii) in the case of a Borrowing consisting of Adjusted CD Rate Advances, not later than 10:30 a.m. (New York City time) on the second Business Day prior to the date day of the proposed Borrowing; and (iiiii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 10:30 a.m. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof by cable or telecopy. Each such notice of a Contract Borrowing (a "Notice of Contract Borrowing") shall be in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Contract Borrowing, (ii) Type of Contract Advances comprising such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing and (iv) Interest Period. Each Bank shall, before 12:00 noon (New York City time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such Bank's ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of Eurodollar Rate Contract Advances or Adjusted CD Rate Advances, the Borrower shall indemnify each Bank against any loss, cost cost, or expense incurred by such Bank as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing the applicable conditions set forth in Article III), such losses, costs costs, and expenses to include, without limitation, any loss (including loss of anticipated profits), cost cost, or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Contract Advance to be made by such Bank as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank prior to the date of any Contract Borrowing that such Bank will not make available to the Administrative Agent such Bank's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with Section 2.02(a) 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 Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank 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 Contract Advances comprising such Contract Borrowing and (ii) in the case of such Bank, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Contract Advance to be made by such other Bank on the date of any Contract Borrowing.
Appears in 1 contract
Samples: 364 Day Competitive Advance/Revolving Credit Agreement (Union Pacific Resources Group Inc)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Borrowing consisting of Alternate Base Rate Advances, not later than 11:00 10:30 a.m. (New York City time) on the day of the proposed Borrowing; (ii) in the case of a Borrowing consisting of Adjusted CD Rate Advances, not later than 10:30 a.m. (New York City time) on the second Business Day prior to the date day of the proposed Borrowing; and (iiiii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 10:30 a.m. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof by cable or telecopy. Each such notice of a Contract Borrowing (a "Notice of Contract BorrowingNOTICE OF CONTRACT BORROWING") shall be in substantially the form of Exhibit EXHIBIT A-1 hereto, specifying therein the requested (i) date of such Contract Borrowing, (ii) Type of Contract Advances comprising such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing and (iv) Interest Period. Each Bank shall, before 12:00 noon (New York City time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section SECTION 8.02, in same day funds, such Bank's ratable portion of such Contract Borrowing. Upon the Administrative Agent's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article ARTICLE III, the Administrative Agent will make such funds available to the Borrower at the Administrative Agent's aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank against any loss, cost or expense incurred by such Bank as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to include, without limitation, any loss (including loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Contract Advance to be made by such Bank as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank prior to the date of any Contract Borrowing that such Bank will not make available to the Administrative Agent such Bank's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with Section 2.02(a) 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 Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank 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 Contract Advances comprising such Contract Borrowing and (ii) in the case of such Bank, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Contract Advance to be made by such other Bank on the date of any Contract Borrowing.
Appears in 1 contract
Samples: Competitive Advance/Revolving Credit Agreement (Union Pacific Resources Group Inc)
Making the Contract Advances. (a) Each Contract Borrowing (other than Canadian Contract Borrowings consisting of Acceptances, as to which this Section shall not apply) shall be made on notice, given (i) in the case of a US Borrowing consisting of US Alternate Base Rate Advances, not later than 11:00 a.m. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a US Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing; (iii) in the case of a Canadian Borrowing consisting of Canadian Prime Rate Contract Advances, no later than 11:00 a.m. (Toronto time) on the first Business Day prior to the date of the proposed Contract Borrowing; and (iv) in the case of a Canadian Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. (Toronto time) on the third Business Day prior to the date of the proposed Contract Borrowing by the Borrower Company to the Administrative Agent, which shall give to each Bank or Canadian Bank, as applicable, prompt notice thereof by cable or telecopy. Each such notice of a Contract Borrowing (a "Notice of Contract Borrowing") shall be in substantially the form of Exhibit A-1 hereto, specifying therein the requested (i) date of such Contract Borrowing, (ii) Type and Class of Contract Advances comprising such Contract Borrowing, (iii) aggregate amount of such Contract Borrowing and (expressed in US Dollars, in the case of a US Borrowing, or Canadian Dollars, in the case of a Canadian Borrowing), (iv) Interest PeriodPeriod and (v) in the case of a Canadian Borrowing, the identity of the Canadian Borrower. Each Bank or Canadian Bank, as applicable, shall, before 12:00 noon (New York City time) on the date of any such Contract Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.028.02 (or, in the case of a Canadian Borrowing, to an account in Toronto, Canada, designated by the Administrative Agent for such purpose), in same day funds, such Bank's or Canadian Bank's ratable portion of such Contract Borrowing. Upon 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 applicable Borrower at the Administrative Agent's aforesaid addressaddress (or, in the case of a Canadian Borrowing, at such account as shall be mutually agreed by the Administrative Agent and the applicable Borrower).
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the applicable Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of Eurodollar Rate Contract Advances, the applicable Borrower shall indemnify each Bank against any loss, cost or expense incurred by such Bank as a result of any failure by the such Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to include, without limitation, any loss (including loss of anticipated profits), cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank to fund the Contract Advance to be made by such Bank as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank prior to the date of any Contract Borrowing that such Bank will not make available to the Administrative Agent such Bank's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with Section 2.02(a) and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Bank shall not have so made such ratable portion available to the Administrative Agent, such Bank and the applicable Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amountamount (in the same currency), together with interest thereon, for each day from the date such amount is made available to the such Borrower until the date such amount is repaid to the Administrative Agent, at (i) in the case of the such Borrower, the interest rate applicable at the time to Contract Advances comprising such Contract Borrowing and (ii) in the case of a Canadian Prime Rate Contract Advance by such Canadian Bank, an interest rate equal to the Canadian Prime Rate plus 1.0%, and (iii) in the case of any other Contact Advance by such Bank, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Bank's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Contract Advance to be made by such other Bank on the date of any Contract Borrowing.
Appears in 1 contract
Samples: Competitive Advance/Revolving Credit Agreement (Anadarko Petroleum Corp)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Contract Borrowing consisting of Alternate Base comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, not later than 11:00 a.m. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, and (ii) in the case of a Contract Borrowing comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by cable or telecopythereof. Each such notice of a Contract Borrowing (a "Notice of Contract Borrowing"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 (iA) date of such Contract Borrowing, (iiB) Type of Contract Advances comprising to be made in connection with such Contract Borrowing, (iii) c aggregate amount of such Contract Borrowing Borrowing, and (ivD) in the case of a Contract Borrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest PeriodPeriod for each such Contract Advance. Each Bank Lender shall, before (x) 12:00 noon (New York City time) on the date of any such Contract BorrowingBorrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Contract Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such BankLender's ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of requesting Adjusted CD Rate Advances or Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank Lender against any loss, cost or expense incurred by such Bank Lender as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing for such Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to includeincluding, without limitation, any loss (including loss of anticipated profits)loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank Lender to fund the Contract Advance to be made by such Bank Lender as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank Lender prior to the date of any Contract Borrowing that such Bank Lender will not make available to the Administrative Agent such BankLender's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank Lender has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank Lender shall not have so made such ratable portion available to the Administrative Agent, such Bank Lender and the Borrower (following the Agent's demand on such Lender for the corresponding amount) severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, 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 Contract Advances comprising made in connection with such Contract Borrowing and (ii) in the case of such BankLender, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such BankLender's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank Lender to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank Lender of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank Lender shall be responsible for the failure of any other Bank Lender to make the Contract Advance to be made by such other Bank Lender on the date of any Contract Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Entergy Corp /De/)
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Contract Borrowing consisting of Alternate Base comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, not later than 11:00 a.m. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, and (ii) in the case of a Contract Borrowing comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Contract Borrowing, by the applicable Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by cable or telecopythereof. Each such notice of a Contract Borrowing (a "Notice of Contract 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 (iA) date of such Contract Borrowing, (iiB) Type of Contract Advances comprising to be made in connection with such Contract Borrowing, (iiiC) aggregate amount of such Contract Borrowing Borrowing, and (ivD) in the case of a Contract Borrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, initial Interest PeriodPeriod for each such Contract Advance. Each Bank Lender shall, before (x) 12:00 noon (New York City time) on the date of any such Contract BorrowingBorrowing comprising Adjusted CD Rate Advances or Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Contract Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.029.02, in same day funds, such BankLender's ratable portion of such Contract Borrowing. Upon 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 applicable Borrower at the Administrative Agent's aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the applicable Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of requesting Adjusted CD Rate Advances or Eurodollar Rate Contract Advances, the applicable Borrower shall indemnify each Bank Lender against any loss, cost or expense incurred by such Bank Lender as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing for such Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to includeincluding, without limitation, any loss (including loss of anticipated profits)loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank Lender to fund the Contract Advance to be made by such Bank Lender as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank Lender prior to the date of any Contract Borrowing that such Bank Lender will not make available to the Administrative Agent such BankLender's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank Lender has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower on such date a corresponding amount. If and to the extent that such Bank Lender shall not have so made such ratable portion available to the Administrative Agent, such Bank Lender and the applicable Borrower (following the Agent's demand on such Lender for the corresponding amount) severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, amount together with interest thereon, for each day from the date such amount is made available to the such Borrower until the date such amount is repaid to the Administrative Agent, at (i) in the case of the such Borrower, the interest rate applicable at the time to Contract Advances comprising made in connection with such Contract Borrowing and (ii) in the case of such BankLender, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such BankLender's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank Lender to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank Lender of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank Lender shall be responsible for the failure of any other Bank Lender to make the Contract Advance to be made by such other Bank Lender on the date of any Contract Borrowing.
Appears in 1 contract
Making the Contract Advances. (a) Each Contract Borrowing shall be made on notice, given (i) in the case of a Contract Borrowing consisting of Alternate Base comprising Eurodollar Rate Advances, not later than 11:00 a.m. (New York City time) on the Business Day prior to the date of the proposed Borrowing; and (ii) in the case of a Borrowing consisting of Eurodollar Rate Contract Advances, not later than 11:00 a.m. A.M. (New York City time) on the third Business Day prior to the date of the proposed Contract Borrowing, and (ii) in the case of a Contract Borrowing comprising Base Rate Advances, not later than 11:00 A.M. (New York City time) on the date of the proposed Contract Borrowing, by the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by cable or telecopythereof. Each such notice of a Contract Borrowing (a "Notice of Contract Borrowing") shall be transmitted by telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit A-1 B-1 hereto, specifying therein the requested (iA) date of such Contract Borrowing, (iiB) Type of Contract Advances comprising to be made in connection with such Contract Borrowing, (iiiC) aggregate amount of such Contract Borrowing Borrowing, and (ivD) in the case of a Contract Borrowing comprising Eurodollar Rate Advances, initial Interest PeriodPeriod for each such Contract Advance. Each Bank Lender shall, before (x) 12:00 noon (New York City time) on the date of any such Contract BorrowingBorrowing comprising Eurodollar Rate Advances, and (y) 1:00 P.M. (New York City time) on the date of any Contract Borrowing comprising Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at its address referred to in Section 8.02, in same day funds, such BankLender's ratable portion of such Contract Borrowing. Upon 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 at the Administrative Agent's aforesaid address.
(b) Each Notice of Contract Borrowing shall be irrevocable and binding on the Borrower. In the case of any Contract Borrowing which the related Notice of Contract Borrowing specifies is to be comprised of requesting Eurodollar Rate Contract Advances, the Borrower shall indemnify each Bank Lender against any loss, cost or expense incurred by such Bank Lender as a result of any failure by the Borrower to complete such Borrowing (whether or not due to a failure to fulfill on or before the date specified in such Notice of Contract Borrowing for such Contract Borrowing the applicable conditions set forth in Article III), such losses, costs and expenses to includeincluding, without limitation, any loss (including loss of anticipated profits)loss, cost or expense incurred by reason of the liquidation or reemployment of deposits or other funds acquired by such Bank Lender to fund the Contract Advance to be made by such Bank Lender as part of such Contract Borrowing when such Contract Advance, as a result of such failure, is not made on such date.
(c) Unless the Administrative Agent shall have received notice from a Bank Lender prior to the date of any Contract Borrowing that such Bank Lender will not make available to the Administrative Agent such BankLender's ratable portion of such Contract Borrowing, the Administrative Agent may assume that such Bank Lender has made such portion available to the Administrative Agent on the date of such Contract Borrowing in accordance with subsection (a) of this Section 2.02(a) 2.02 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 Bank Lender shall not have so made such ratable portion available to the Administrative Agent, such Bank Lender and the Borrower (following the Administrative Agent's demand on such Lender for the corresponding amount) severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount, 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 Contract Advances comprising made in connection with such Contract Borrowing and (ii) in the case of such BankLender, an interest rate equal at all times to the Federal Funds Effective Rate. If such Bank Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such BankLender's Contract Advance as part of such Contract Borrowing for purposes of this Agreement.
(d) The failure of any Bank Lender to make the Contract Advance to be made by it as part of any Contract Borrowing shall not relieve any other Bank Lender of its obligation, if any, hereunder to make its Contract Advance on the date of such Contract Borrowing, but no Bank Lender shall be responsible for the failure of any other Bank Lender to make the Contract Advance to be made by such other Bank Lender on the date of any Contract Borrowing.
Appears in 1 contract