Common use of Making the Revolving Advances Clause in Contracts

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, and (z) 11:00 A.M. (New York City time) on the fifth Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in an Alternative Currency, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex or cable. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and (iv) in the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances, the requested Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately by the Administrative Agent to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowing. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative Currency. 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 or at the applicable Payment Office.

Appears in 2 contracts

Samples: Day Credit Agreement (Cytec Industries Inc/De/), Day Credit Agreement (Cytec Industries Inc/De/)

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Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Eurodollar Rate Advances denominated in DollarsAdvances, and (z) 11:00 A.M. (New York City time) or on the fifth same Business Day prior to as the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Base Rate Advances denominated in an Alternative CurrencyAdvances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex telecopier or cabletelex. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, or telecopier or telex, complying in substantially all material respects with the form of Exhibit B-1 B hereto, specifying therein the requested (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and Borrowing, (iv) in the case of a Revolving Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the requested initial Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part v) whether any of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately used by the Administrative Agent Borrower to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowingrepay commercial paper. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or before 3:00 P.M. (New York City time) in the case of a Revolving Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in at the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative CurrencyBorrowing. 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 referred to in Section 8.02 no later than 12:00 P.M. (New York City time) on such date, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or 4:00 P.M. (New York City time) on such date, in the case of a Revolving Borrowing consisting of Base Rate Advances. Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Advances for any Revolving Borrowing if the aggregate amount of such Revolving Borrowing is less than $10,000,000 or if the obligation of the Lenders to make Eurodollar Rate Advances shall then be suspended pursuant to Section 2.09 or 2.13 and (ii) the Eurodollar Rate Advances may not be outstanding as part of more than twelve separate Revolving Borrowings. Each Notice of Borrowing shall be irrevocable and binding on the Borrower. In the case of any Revolving Borrowing that the related Notice of 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 Borrowing for such Revolving 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 Revolving Advance to be made by such Lender as part of such Revolving Borrowing when such Revolving Advance, as a result of such failure, is not made on such date. Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Revolving Borrowing that such Lender will not make available to the Administrative Agent such Lender's ratable portion of such Revolving Borrowing, the Administrative Agent may assume that such Lender has made such portion available to the Administrative Agent on the date of such Revolving Borrowing in accordance with subsection (a) of this Section 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 Lender shall not have so made such ratable portion 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 applicable Payment Officetime to Revolving Advances comprising such Revolving 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 Revolving Advance as part of such Revolving Borrowing for purposes of this Agreement. The failure of any Lender to make the Revolving Advance to be made by it as part of any Revolving Borrowing shall not relieve any other Lender of its obligation, if any, hereunder to make its Revolving Advance on the date of such Revolving Borrowing, but no Lender shall be responsible for the failure of any other Lender to make the Revolving Advance to be made by such other Lender on the date of any Revolving Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Resources Corp)

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Eurodollar Rate Advances denominated in DollarsAdvances, and (z) 11:00 A.M. (New York City time) or on the fifth same Business Day prior to as the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Base Rate Advances denominated in an Alternative CurrencyAdvances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex telecopier or cabletelex. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, or telecopier or telex, complying in substantially all material respects with the form of Exhibit B-1 B hereto, specifying therein the requested (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and Borrowing, (iv) in the case of a Revolving Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the requested initial Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part v) whether any of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately used by the Administrative Agent Borrower to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowingrepay commercial paper. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or before 3:00 P.M. (New York City time) in the case of a Revolving Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in at the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative CurrencyBorrowing. 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 referred to in Section 8.02 no later than 12:00 P.M. (New York City time) on such date, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or at 4:00 P.M. (New York City time) on such date, in the applicable Payment Officecase of a Revolving Borrowing consisting of Base Rate Advances.

Appears in 1 contract

Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC)

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, and (z) 11:00 A.M. (New York City time) on the fifth Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in an Alternative Currency, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex or cable. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and Borrowing, (iv) in the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances, the requested Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing and (v) whether such Revolving Borrowing is a Redemption Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately by the Administrative Agent to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowing. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative Currency. 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 or at the applicable Payment Office.

Appears in 1 contract

Samples: Credit Agreement (Cytec Industries Inc/De/)

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 x)10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 y)11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Eurodollar Rate Advances denominated in Dollars, and (z) 11:00 A.M. (New York City time) on the fifth Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in an Alternative CurrencyAdvances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex or cable. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit B-1 ExhibitEB-1 hereto, specifying therein (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and (iv) in the case of a Revolving Borrowing comprised of Eurocurrency Eurodollar Rate Advances, the requested Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately by the Administrative Agent to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such BorrowingAdvance. Each Lender shall, before 11:00 A.M. 11:00A.M. (New York City time) on the date of such Revolving Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative CurrencyBorrowing. 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 or at the applicable Payment Officeaddress.

Appears in 1 contract

Samples: Day Credit Agreement (Cytec Industries Inc/De/)

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, and (z) 11:00 A.M. (New York City time) on the fifth Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in an Alternative Currency, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex or cable. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and (iv) in the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances, the requested Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately by the Administrative Agent to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowing. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative Currency. 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 or at the applicable Payment Office.

Appears in 1 contract

Samples: Credit Agreement (Cytec Industries Inc/De/)

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Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Eurodollar Rate Advances denominated in DollarsAdvances, and (z) 11:00 A.M. (New York City time) or on the fifth same Business Day prior to as the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Base Rate Advances denominated in an Alternative CurrencyAdvances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex telecopier or cableelectronic communication. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, or telecopier or electronic communication, complying in substantially all material respects with the form of Exhibit B-1 B hereto, specifying therein the requested (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and Borrowing, (iv) in the case of a Revolving Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the requested initial Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part v) whether any of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately used by the Administrative Agent Borrower to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowingrepay commercial paper. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or before 3:00 P.M. (New York City time) in the case of a Revolving Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in at the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative CurrencyBorrowing. 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 referred to in Section 8.02 no later than 12:00 P.M. (New York City time) on such date, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or at 4:00 P.M. (New York City time) on such date, in the applicable Payment Officecase of a Revolving Borrowing consisting of Base Rate Advances.

Appears in 1 contract

Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC)

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Eurodollar Rate Advances denominated in DollarsAdvances, and (z) 11:00 A.M. (New York City time) or on the fifth same Business Day prior to as the date of the proposed Revolving Borrowing, Borrowing in the case of a Revolving Borrowing consisting of Eurocurrency Base Rate Advances denominated in an Alternative CurrencyAdvances, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex telecopier or cabletelex. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, or telecopier or telex, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and Borrowing, (iv) in the case of a Revolving Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the requested initial Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part v) whether any of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately used by the Administrative Agent Borrower to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowingrepay commercial paper. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or before 3:00 P.M. (New York City time) in the case of a Revolving Borrowing consisting of Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in at the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02Administrative Agent's Account, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative CurrencyBorrowing. 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 referred to in Section 8.02 no later than 12:00 P.M. (New York City time) on such date, in the case of a Revolving Borrowing consisting of Eurodollar Rate Advances, or at 4:00 P.M. (New York City time) on such date, in the applicable Payment Officecase of a Revolving Borrowing consisting of Base Rate Advances.

Appears in 1 contract

Samples: Pledge Agreement (Centerpoint Energy Resources Corp)

Making the Revolving Advances. (a) Each Revolving ----------------------------- Borrowing shall be made on notice, given not later than (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Base Rate Advances, and not later than (y) 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in Dollars, and (z) 11:00 A.M. (New York City time) on the fifth Business Day prior to the date of the proposed Revolving Borrowing, in the case of a Revolving Borrowing consisting of Eurocurrency Rate Advances denominated in an Alternative Currency, in each case by the Borrower to the Administrative Agent, which shall give to each Lender prompt notice thereof by telephone, telecopier, telex or cable. Each such notice of a Revolving Borrowing (a "Notice of Revolving Borrowing") shall be by ----------------------------- telephone, telecopier, telex or cable, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein (i) the requested date of such Revolving Borrowing, (ii) the requested Type of Revolving Advances comprising such Revolving Borrowing, (iii) the requested aggregate amount of such Revolving Borrowing and (iv) in the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances, the requested Interest Period for each such Revolving Advance and the currency of such Revolving Borrowing. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful money of Great Britain, the lawful money of the Netherlands and the lawful money of Japan), the obligation of each Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part of such Revolving Borrowing is subject to the confirmation by such Lender to the Administrative Agent not later than the fourth Business Day before the requested date of such Revolving Borrowing that such Lender agrees to make its Eurocurrency Rate Advance in the requested Alternative Currency, which confirmation shall be notified immediately by the Administrative Agent to the Borrower. If any Lender shall not have so provided to the Administrative Agent such confirmation, the Administrative Agent shall promptly notify the Borrower and each Lender that a Lender has not provided such confirmation, whereupon the Borrower may, by notice to the Administrative Agent not later than the third Business Day before the requested date of such Revolving Borrowing, withdraw the Notice of Revolving Borrowing relating to such requested Borrowing. If the Borrower does so withdraw such Notice of Revolving Borrowing, the Revolving Borrowing requested in such Notice of Revolving Borrowing shall not occur and the Administrative Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Administrative Agent shall promptly so notify each Lender and such Notice of Revolving Borrowing shall be deemed to be a Notice of Revolving Borrowing which requests a Revolving Borrowing comprised of Eurocurrency Rate Advances in an aggregate amount in Dollars equivalent, on the date the Administrative Agent so notifies each Lender, to the amount of the originally requested Revolving Borrowing in such an Alternative Currency; and in such notice by the Administrative Agent to each Lender the Administrative Agent shall state such aggregate equivalent amount of such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowing. Each Lender shall, before 11:00 A.M. (New York City time) on the date of such Revolving Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent (i) in the case of a Revolving Borrowing in Dollars, at its address referred to in Section 8.02, in same day funds, such Lender's ratable portion of such Revolving Borrowing in Dollars, and (ii) in the case of a Revolving Borrowing in an Alternative Currency, at such account maintained at the Payment Office for such Alternative Currency as shall have been notified by the Administrative Agent to the Lenders prior thereto, in same day funds, such Lender's ratable portion of such Revolving Borrowing in such Alternative Currency. 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 or at the applicable Payment Office.

Appears in 1 contract

Samples: Credit Agreement (Cytec Industries Inc/De/)

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