Common use of Making the Revolving Credit Advances Clause in Contracts

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Rate Advances), by a Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopy. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopy, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 28 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Inc)

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Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Rate Advances), by a Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile or electronic mail. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopyfacsimile or electronic mail, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 17 contracts

Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately promptly in writing, or by telecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for location of the Revolving Credit Advances Borrower’s Account to which funds are to be advanced and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 4:00 P.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower in same day funds at the applicable Borrower Borrower’s Account located in the Notice United States or United Kingdom of Revolving Credit BorrowingGreat Britain and Northern Ireland (or in such other jurisdiction as shall be acceptable to all Lenders).

Appears in 12 contracts

Samples: Five Year Credit Agreement (United Parcel Service Inc), Day Credit Agreement (United Parcel Service Inc), Day Credit Agreement (United Parcel Service Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurocurrency Rate Advances)Advances denominated in any Major Currency, or 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 Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars or (z) 9:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by any Borrower to the Agent (and the Agent shall, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower immediately relay such notice to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Major Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion (as determined in accordance with Section 2.01) of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the Revolving Credit Borrowing at the Agent's aforesaid address or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 8 contracts

Samples: Execution (Honeywell International Inc), Credit Agreement (Alliedsignal Inc), Five Year Credit Agreement (Honeywell International Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Rate Advances or RFR Advances), by a Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile or electronic mail. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopyfacsimile or electronic mail, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances or RFR Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances (to the extent constituting a Eurocurrency Rate Advance) and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances or RFR Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 7 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 10:00 A.M. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit BorrowingBorrowing (but limited to a Base Rate Advance or a Eurodollar Rate Advance), (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion (as determined in accordance with Section 2.01(a)) of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 9.01.

Appears in 6 contracts

Samples: Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc), Year Credit Agreement (Williams Companies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timei) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (ii) 11:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (iiw) date of such Revolving Credit Borrowing, (iiix) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (vy) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiz) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before (i) in the case of a Eurodollar Rate Advance, 11:00 A.M. (New York City time) or (ii) in the case of a Base Rate Advance, 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the applicable Borrower in the Notice of Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 9.02.

Appears in 6 contracts

Samples: Credit Agreement (Hershey Co), Credit Agreement (Hershey Foods Corp), Day Credit Agreement (Hershey Foods Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances to be made in a Committed Currency, simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting such Revolving Credit Borrowing at the Agent's address referred to in Section 9.02 or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 5 contracts

Samples: 364 Day Credit Agreement (Goodrich Corp), Day Credit Agreement (Goodrich Corp), Three Year Credit Agreement (Goodrich Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 2:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately promptly in writing, or by telecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for location of the Revolving Credit Advances Borrower’s Account to which funds are to be advanced and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 4:00 P.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower in same day funds at the applicable Borrower Borrower’s Account located in the Notice United States or United Kingdom of Revolving Credit BorrowingGreat Britain and Northern Ireland (or in such other jurisdiction as shall be acceptable to all Lenders).

Appears in 5 contracts

Samples: Five Year Credit Agreement (United Parcel Service Inc), Day Credit Agreement (United Parcel Service Inc), Five Year Credit Agreement (United Parcel Service Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing 1:00 p.m. (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances)Pittsburgh, or not later than 11:00 A.M. (New York City Pennsylvania time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 12:00 Noon (Pittsburgh, Pennsylvania time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or other electronic means. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or other electronic means (it being understood that the Agent may rely on the authority of any individual making such telephone request without the necessity of receipt of such written confirmation), in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 2:00 p.m. (New York City Pittsburgh, Pennsylvania time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion Ratable Share of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the Borrower by transferring such funds to an account specified designated by the applicable Borrower in no later than 4:00 p.m. (Pittsburgh, Pennsylvania time) on the Notice date of such Revolving Credit Borrowing.

Appears in 4 contracts

Samples: Credit Agreement (Ugi Utilities Inc), Credit Agreement, Credit Agreement (Ugi Utilities Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 9:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, Agent which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date Type of Advances comprising such Revolving Credit Borrowing, (iii) Type aggregate amount of Revolving Credit Advances comprising such Revolving Credit Borrowing, and (iv) in the case of a proposed Borrowing consisting of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period and currency for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Borrowing, in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit BorrowingBorrowing in the denominated Committed Currency. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in Section 8.02; provided, however, that the Notice Agent shall first make a portion of Revolving such funds equal to the aggregate principal amount of any Letter of Credit Advances outstanding on the date of such Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Lenders for repayment of such Letter of Credit Advances.

Appears in 4 contracts

Samples: Assignment and Assumption (ManpowerGroup Inc.), Assignment and Assumption (ManpowerGroup Inc.), Five Year Credit Agreement (ManpowerGroup Inc.)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available on the date of such Revolving Credit Advance to the account specified by the applicable Borrower in the giving such Notice of Revolving Credit BorrowingBorrowing at the Administrative Agent's address referred to in Section 9.02.

Appears in 4 contracts

Samples: Day Credit Agreement (Sprint Corp), Day Credit Agreement (Sprint Corp), Day Credit Agreement (Sprint Corp)

Making the Revolving Credit Advances. (ad) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Term SOFR Advances, XXXXXXX Rate Advances or RFR Advances), by a Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile or electronic mail. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopyfacsimile or electronic mail, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate RFR Advances, the Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances (to the extent constituting a Term SOFR Advance or EURIBOR Rate Advance) and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Term SOFR Advances, EURIBOR Rate Advances or RFR Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)2.07. Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 4 contracts

Samples: Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City timex) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or (y) the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a Borrower the Company (on its own behalf and on behalf of any Borrowing Subsidiary) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelecopier, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Advances constituting such Revolving Credit Advances comprising Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of initial Interest Period for each such Advances, Revolving Credit Advance and (v) aggregate amount name of such Revolving Credit Borrowing, the relevant Borrower (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Company or a Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(bSubsidiary). Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the relevant Borrower at such Borrower’s account specified by at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 4 contracts

Samples: Assignment and Assumption (Pepsico Inc), Assignment and Assumption (Pepsico Inc), Assignment and Assumption (Pepsico Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately at once in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 3 contracts

Samples: Year Credit Agreement (Washington Post Co), Day Credit Agreement (Washington Post Co), Day Credit Agreement (Washington Post Co)

Making the Revolving Credit Advances. (a) Each ------------------------------------ Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the Business Day which is the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopy------------------------------------ telephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 3 contracts

Samples: Credit Agreement (Agilent Technologies Inc), Credit Agreement (Agilent Technologies Inc), Day Credit Agreement (Agilent Technologies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 3 contracts

Samples: Day Credit Agreement (York International Corp /De/), Day Credit Agreement (York International Corp /De/), Day Credit Agreement (York International Corp /De/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the second Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurocurrency Rate Advances)Advances denominated in Dollars, or not later than 11:00 A.M. (New York City y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by any Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent initial Interest Period and currency for each such Revolving Credit Advance; provided, however, that if any such notice shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)fail to specify a currency, Dollars shall be deemed to have been specified. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the Revolving Credit Borrowing at the Agent's address referred to in Section 9.02 or, in the case of a Revolving Credit Borrowing in a Committed Currency, at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 3 contracts

Samples: Credit Agreement (Interpublic Group of Companies Inc), Credit Agreement (Interpublic Group of Companies Inc), Credit Agreement (Interpublic Group of Companies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City timex) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or (y) the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a Borrower the Company (on its own behalf and on behalf of any Borrowing Subsidiary) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelecopier, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Advances constituting such Revolving Credit Advances comprising Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of initial Interest Period for each such Advances, Revolving Credit Advance and (v) aggregate amount name of such Revolving Credit Borrowing, the relevant Borrower (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Company or a Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(bSubsidiary). Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the relevant Borrower at such Borrower’s account specified by at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 3 contracts

Samples: Assignment and Assumption (Pepsico Inc), Credit Agreement (Pepsico Inc), Credit Agreement (Pepsico Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 9.02.

Appears in 3 contracts

Samples: Day Credit Agreement (May Department Stores Co), Five Year Credit Agreement (May Department Stores Co), Credit Agreement (May Department Stores Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Rate Advances), by a either Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof by telecopy. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopy, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Administrative Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Administrative Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp), Credit Agreement (Caterpillar Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or 9:00 A.M. (New York City time) the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Credit Agreement (Detroit Edison Co), Credit Agreement (Detroit Edison Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, telecopier or telex, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by the applicable Borrower in same day funds at the Notice of Revolving Credit BorrowingBorrower’s Account.

Appears in 2 contracts

Samples: Credit Agreement (United Parcel Service Inc), Credit Agreement (United Parcel Service Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on noticenotice in the form of Exhibit B-1 (a "Notice of Revolving Credit Borrowing"), given not later than 11:00 A.M. (New York City time) (i) on the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. Advances and (New York City timeii) on the third Business Day prior to the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances), by a the Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) Borrowing shall be by telecopyfacsimile, confirmed immediately in writing, in substantially the form of Exhibit B-1 heretoB-1, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of if such Revolving Credit Borrowing shall is to be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank shall, before 1:00 2:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Officeits address referred to in Section 8.02, in the Agreed Currency and in same day funds, such Bank’s 's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower in the Notice of Revolving Credit BorrowingAgent's aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Halliburton Co), Credit Agreement (Halliburton Co)

Making the Revolving Credit Advances. Issuing --------------------------------------------- the Letters of Credit. (a) Each Revolving Credit Borrowing (other than a --------------------- Borrowing resulting from a drawing under a Letter of Credit) shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Paying Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 A-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Paying Agent at the applicable Payment OfficePaying Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Paying Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Paying Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Paying Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Year Credit Agreement (Kroger Co), Year Credit Agreement (Kroger Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 Noon (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Day Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing (other than a Borrowing resulting from a drawing under a Letter of Credit) shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 A-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment Administrative Agent’s Office, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Administrative Agent’s address referred to in Section 8.02; provided, however, that if, on the date the Notice of Revolving Credit Borrowing with respect to such Borrowing is given by the Borrower, there are L/C Borrowings outstanding, then the proceeds of such Borrowing, first, shall be applied to the payment in full of any such L/C Borrowings, and second, shall be made available to the Borrower as provided above.

Appears in 2 contracts

Samples: Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or 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 Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or 10:00 a.m. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower requesting such Revolving Credit Borrowing to the Agent, which shall give to each Bank prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 D-2 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank shall, before 1:00 12:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Officeits address referred to in Section 8.2 (excluding, in the Agreed Currency and for such purpose, any address to which copies are to be sent), in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds, the Agent will make such funds and upon fulfillment of available to the Borrower requesting such Revolving Credit Borrowing at such address; provided that the Agent shall not be required to make such funds available if the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit BorrowingSection 3.2 have not been fulfilled.

Appears in 2 contracts

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

Making the Revolving Credit Advances. (a) Each ------------------------------------ Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the relevant Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice ------ of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in ----------------------------- writing, or telecopier or telex, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of that requested such Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 8.02.

Appears in 2 contracts

Samples: Day Credit Agreement (Monsanto Co /New/), Credit Agreement (Monsanto Co /New/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on noticenotice in the form of Exhibit B-1 (a "Notice of Revolving Credit Borrowing"), given not later than 11:00 A.M. (New York City time) (i) on the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. Advances and (New York City timeii) on the third Business Day prior to the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances), by a the Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”Borrowing shall be consistent with the requirements of Section 2.01(a) and shall be by telecopyfacsimile, confirmed immediately in writing, in substantially the form of Exhibit B-1 heretoB-1, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of if such Revolving Credit Borrowing shall is to be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank shall, before 1:00 2:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Officeits address referred to in Section 8.02, in the Agreed Currency and in same day funds, such Bank’s 's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds, the Agent will make such funds and upon fulfillment of available to the Borrower at the Agent's aforesaid address; provided that the Agent shall not be required to make such funds available if the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit BorrowingIII have not been fulfilled.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Halliburton Co), Revolving Credit Agreement (Halliburton Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately at once in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Washington Post Co), Day Credit Agreement (Washington Post Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timei) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (ii) 11:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (iiw) date of such Revolving Credit Borrowing, (iiix) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (vy) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiz) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before (i) in the case of a Eurodollar Rate Advance, 11:00 A.M. (New York City time) or (ii) in the case of a Base Rate Advance, 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the applicable Borrower in the Notice of Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 9.02.

Appears in 2 contracts

Samples: Year Credit Agreement (Hershey Co), Credit Agreement (Hershey Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurodollar Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of that requested such Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 8.02.

Appears in 2 contracts

Samples: Day Credit Agreement (Monsanto Co /New/), Day Credit Agreement (Monsanto Co /New/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Rate Advances), by a Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile or electronic mail. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopyfacsimile or electronic mail, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances[Intentionally Omitted], (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 (i) 9:00 A.M. (New York City time) on the Business Day immediately preceding the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurocurrency Rate Advances)Advances denominated in Dollars, or not later than (ii) 11:00 A.M. (New York City London time) on the third second Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in any Optional Currency, or (iii) 9:00 A.M. (New York City time) on the Business Day of the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Optional Currency, simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or Email. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopyEmail, confirmed immediately in writing, promptly by telephone or by telecopier and shall be in substantially the form of Exhibit B-1 A-1 hereto, specifying therein (A) the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiB) whether such Borrowing is a Tranche A Borrowing or a Tranche B Borrowing, (C) the requested Type and Optional Currency of Revolving Credit Advances comprising such Revolving Credit Borrowing, (ivD) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) requested aggregate amount of such Revolving Credit Borrowing, (viE) in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, the requested initial Interest Period for the each such Revolving Credit Advances Advance, and (viiF) the requested account to which the proceeds of such the requested Revolving Credit Borrowing shall are to be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)transferred. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the appropriate Borrower by transferring the amount thereof to the account specified designated by the applicable such Borrower in the Notice of Revolving Credit Borrowingfor such purpose.

Appears in 2 contracts

Samples: Day Revolving Credit Agreement (Procter & Gamble Co), Day Revolving Credit Agreement (Procter & Gamble Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on noticenotice in the form of Exhibit B-1 (a “Notice of Revolving Credit Borrowing”), given not later than 11:00 A.M. (New York City time) (i) on the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. Advances and (New York City timeii) on the third Business Day prior to the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances), by a the Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) Borrowing shall be by telecopyfacsimile, confirmed immediately in writing, in substantially the form of Exhibit B-1 heretoB-1, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of if such Revolving Credit Borrowing shall is to be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank shall, before 1:00 2:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Officeits address referred to in Section 8.02, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower in the Notice of Revolving Credit BorrowingAgent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Halliburton Co), Credit Agreement (Halliburton Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 Noon (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the applicable Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower at the Agent's address referred to in Section 9.02. Each Borrower hereby authorizes the Company to deliver each Notice of Revolving Credit BorrowingBorrowing on behalf of such Borrower.

Appears in 2 contracts

Samples: Year Credit Agreement (Lafarge North America Inc), Day Credit Agreement (Lafarge North America Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurodollar Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, by telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing and (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case consisting of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing; provided, however, that if a Notice of Revolving Credit Borrowing in respect of a proposed Revolving Credit Borrowing consisting of Base Rate Advances is given on the date of such Revolving Credit Borrowing, the Lenders shall so make available their ratable portions of such Revolving Credit Borrowing before 3:00 P.M. (New York City time) on such date. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Day Credit Agreement (Mirant Corp), Year Credit Agreement (Mirant Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), (y) 1:00 P.M. (New York City time) on the second Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Adjusted CD Rate Advances or (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or Adjusted CD Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Day Credit Agreement (Applied Materials Inc /De), Day Credit Agreement (Applied Materials Inc /De)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the applicable Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit BorrowingAdvance. Each Lender shall, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.before

Appears in 2 contracts

Samples: Year Credit Agreement (Polyone Corp), Year Credit Agreement (Polyone Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on noticenotice (a “Notice of Revolving Credit Borrowing”), given not later than 11:00 A.M. (New York City time) (i) on the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. Advances and (New York City timeii) on the third Business Day prior to the date of the a proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances), by a the Borrower to the Administrative Agent, which shall give to each Bank prompt notice thereof thereof, which notice may be by telecopyfacsimile. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) Borrowing shall be by telecopyfacsimile, confirmed immediately in writing, in substantially the form of Exhibit B-1 heretoB-1, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of if such Revolving Credit Borrowing shall is to be made availablecomprised of Eurodollar Rate Advances, the initial Interest Period for each such Revolving Credit Advance. In addition, in the case event that any Foreign Currency Letters of each proposed Credit are then outstanding, the Borrower shall also submit with such Notice of Revolving Credit Borrowing, a certificate setting forth the Agent shall promptly notify each Bank Available Amount of all outstanding Foreign Currency Letters of Credit and the amount of the Unused Revolving Credit Commitment as of the date of such Bank’s ratable share certificate using the London closing mid rate published by Bloomberg (or any successor) on such date (or, if such exchange rates are not available, the Spot Rates determined as of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(bdate). Each Bank shall, before 1:00 2:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment Officeits address referred to in Section 8.02, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower in the Notice of Revolving Credit BorrowingAdministrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Assignment and Acceptance (Kbr, Inc.), Revolving Credit Agreement (Kbr, Inc.)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available on the date of such Revolving Credit Advance to the account specified by the applicable Borrower in the giving such Notice of Revolving Credit BorrowingBorrowing at the Administrative Agent's address referred to in Section 9.02.

Appears in 2 contracts

Samples: Day Credit Agreement (Sprint Corp), Day Credit Agreement (Sprint Corp)

Making the Revolving Credit Advances. (a) Each Revolving ------------------------------------ Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Paying Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit -------------------------- Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or --------- telecopier or telex in substantially the form of Exhibit B-1 A-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Paying Agent at the applicable Payment OfficePaying Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Paying Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Paying Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Paying Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Kroger Co), 364 Day Credit Agreement (Kroger Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third U.S. Government Securities Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Adjusted Term SOFR Advances, or 1:00 P.M. (New York City time) on the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, writing signed by a Financial Officer in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Borrowing, (iv) in the case of a proposed Borrowing consisting of Eurocurrency Rate Adjusted Term SOFR Advances, Agreed Currency of initial Interest Period for each such Advances, Revolving Credit Advance and (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)wire transfer instructions. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing (or, in the case of any Notice of Borrowing with respect to a Base Rate Advance given on or after 10:00 A.M. (New York City time) but on or before 1:00 P.M. (New York City time) on the date of such Borrowing, before 3:00 P.M. (New York City time) on the date of such Borrowing), make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankXxxxxx’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account Borrower as specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (DTE Electric Co), Assignment and Assumption (DTE Electric Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Eurocurrency Term SOFR Advances, XXXXXXX Rate Advances or RFR Advances), by a Borrower to the Agent, which shall give to each Bank prompt notice thereof by telecopyfacsimile or electronic mail. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopyfacsimile or electronic mail, confirmed immediately in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate RFR Advances, the Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances (to the extent constituting a Term SOFR Advance or EURIBOR Rate Advance) and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Term SOFR Advances, EURIBOR Rate Advances or RFR Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)2.07. Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurodollar Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of that requested such Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 8.02.

Appears in 2 contracts

Samples: Credit Agreement (Monsanto Co /New/), Day Credit Agreement (Monsanto Co /New/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing (other than a Borrowing resulting from a drawing under a Letter of Credit) shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Paying Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 A-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Paying Agent at the applicable Payment Paying Agent’s Office, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Paying Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Paying Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Paying Agent’s address referred to in Section 8.02; provided, however, that if, on the date the Notice of Revolving Credit Borrowing with respect to such Borrowing is given by the Borrower, there are L/C Borrowings outstanding, then the proceeds of such Borrowing, first, shall be applied to the payment in full of any such L/C Borrowings, and second, shall be made available to the Borrower as provided above.

Appears in 2 contracts

Samples: Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a Borrower the Company (on its own behalf and on behalf of any Borrowing Subsidiary) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelecopier, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Advances constituting such Revolving Credit Advances comprising Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of initial Interest Period for each such Advances, Revolving Credit Advance and (v) aggregate amount name of such Revolving Credit Borrowing, the relevant Borrower (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Company or a Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(bSubsidiary). Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the relevant Borrower at such Borrower’s account specified by at the applicable Borrower Agent’s address referred to in Section 8.02; provided, however, that if, on the Notice date of a Revolving Credit Borrowing, there are L/C Borrowings outstanding, then the proceeds of such Borrowing, first, shall be applied to the payment in full of any such L/C Borrowings and second, shall be made available to the relevant Borrower as provided above.

Appears in 2 contracts

Samples: Credit Agreement (Pepsico Inc), Assignment and Assumption (Pepsico Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing to be comprised of Eurocurrency Eurodollar Rate Advances or (y) 12:00 Noon (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances), by a the applicable Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for the Revolving Credit Advances remittance instructions, and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent initial Interest Period for each such Revolving Credit Advance. If no election as to Type of Revolving Credit Advances comprising such Revolving Credit Borrowing is specified in any such Notice of Revolving Credit Borrowing, then such Revolving Credit Advances shall promptly notify each Bank be Alternate Base Rate Advances. If no Interest Period with respect to Eurodollar Rate Advances is specified in any such Notice of Revolving Credit Borrowing, then the applicable interest rate under Section 2.07(b)Borrower shall be deemed to have selected an Interest Period of one month duration. Each Bank shall, before 1:00 p.m. (New York City time) Lender shall on the date of such Revolving Credit Borrowing, before 12:00 Noon (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Eurodollar Rate Advances, and before 2:00 p.m. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such same day funds available to the account applicable Borrower in the manner specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing to be comprised of Eurocurrency Eurodollar Rate Advances or (y) 12:00 Noon (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances), by a the applicable Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for the Revolving Credit Advances remittance instructions and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent initial Interest Period for each such Revolving Credit Advance. If no election as to Type of Revolving Credit Advances comprising such Revolving Credit Borrowing is specified in any such Notice of Revolving Credit Borrowing, then such Revolving Credit Advances shall promptly notify each Bank be Alternate Base Rate Advances. If no Interest Period with respect to Eurodollar Rate Advances is specified in any such Notice of Revolving Credit Borrowing, then the applicable interest rate under Section 2.07(b)Borrower shall be deemed to have selected an Interest Period of one month duration. Each Bank shall, before 1:00 p.m. (New York City time) Lender shall on the date of such Revolving Credit Borrowing, before 12:00 Noon (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Eurodollar Rate Advances, and before 2:00 P.M. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such same day funds available to the account applicable Borrower in the manner specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 2 contracts

Samples: Subsidiary Guarantee Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately at once in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Conformed (Washington Post Co), Credit Agreement (Washington Post Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timei) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (ii) 11:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (iiw) date of such Revolving Credit Borrowing, (iiix) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (vy) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiz) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before (i) in the case of a Eurodollar Rate Advance, 11:00 A.M. (New York City time) or (ii) in the case of a Base Rate Advance, 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Agent’s Office, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the applicable Borrower in the Notice of Revolving Credit BorrowingBorrowing at the Agent’s address referred to in Section 9.02.

Appears in 2 contracts

Samples: Credit Agreement (Hershey Co), Day Credit Agreement (Hershey Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 4:00 P.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the Agent's address referred to in Section 8.02 or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Snap on Inc), Day Credit Agreement (Snap on Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 2 contracts

Samples: Day Credit Agreement (York International Corp /De/), Day Credit Agreement (York International Corp /De/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 11:00 A.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 4:00 P.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and Agent’s Account in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the Agent’s address referred to in Section 8.02(a) or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Snap on Inc), Five Year Credit Agreement (Snap on Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timei) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (ii) 11:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (iiw) date of such Revolving Credit Borrowing, (iiix) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (ivy) aggregate amount of suchRevolving Credit Borrowing, and (z) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period for each such Revolving Credit BorrowingAdvance. Each Lender shall, before (vii) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised Eurodollar Rate Advance, 11:00 A.M. (New York City time) or (ii) in the case of Eurocurrency a Base Rate AdvancesAdvance, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the applicable Borrower in the Notice of Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 9.02.

Appears in 1 contract

Samples: Day Credit Agreement (Hershey Foods Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or 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 Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or 10:00 a.m. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower requesting such Revolving Credit Borrowing to the Agent, which shall give to each Bank prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 D-2 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank shall, before 1:00 12:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Officeits address referred to in Section 8.2 (excluding, in the Agreed Currency and for such purpose, any address to which copies are to be sent), in same day funds, such Bank’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds, the Agent will make such funds and upon fulfillment of available to the Borrower requesting such Revolving Credit Borrowing at such address; provided that the Agent shall not be required to make such funds available if the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit BorrowingSection 3.2 have not been fulfilled.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances to be made in a Committed Currency, simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting such Revolving Credit Borrowing at the Agent’s address referred to in Section 9.02 or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 1 contract

Samples: Five Year Credit Agreement (Goodrich Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency A Advances, or the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, if such Borrowing is a Dollar Borrowing, or the quantity (vistated in troy xxxces) Interest Period for the Revolving Credit Advances of Gold to be borrowed, if such Borrowing is a Gold Borrowing, and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate A Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, (x) before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing that is a Dollar Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing or (y) before 3:00 P.M. (London time) on the date of such Revolving Credit Borrowing that is a Gold Borrowing. After , make available to the Agent such Lender's ratable portion of such Gold Borrowing, in troy xxxces of Gold, by crediting to the Agent such quantity of Gold in a pool account with a depository in London of unallocated Gold specified by the Agent’s receipt , for the account of such funds and upon the Borrower. Upon fulfillment of the applicable conditions set forth in Article III, (1) with respect to a Dollar Borrowing, after the Agent's receipt of such funds, the Agent will promptly make such same day funds available to the Borrower at the Agent's address referred to in Section 8.02, and (2) with respect to a Gold Borrowing, after the Agent's receipt of such amount of Gold, the Agent will make such amount available to the Borrower by crediting to the Borrower unallocated Gold in a depository pool account specified by the applicable Borrower Borrower, which account shall be located in London or such other location agreed to by the Notice of Revolving Credit BorrowingAgent and the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Battle Mountain Gold Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (time or, in the case of a Revolving Credit Borrowing comprised of Base Rate Euro Advances), or not later than 11:00 A.M. (New York City London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances), or not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the Parent Borrower (and, in the case of a Borrower Borrowing by a Foreign Subsidiary Borrower, such Foreign Subsidiary Borrower) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopyfax. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writingwriting by fax, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, Borrowing (iv) in the case of a proposed Borrowing of provided that all Euro Advances shall be Eurocurrency Rate Advances, Agreed Currency of such Advances), (viii) aggregate amount of such Revolving Credit Borrowing (including the currency of such Borrowing), (viiv) Interest Period for name of the Revolving Credit Advances relevant Borrower and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period for each such Advance. If no election as to the Agent currency of an Advance is specified in any such Notice, then the requested Advance shall promptly notify each Bank be denominated in Dollars. If no election as to the Type of Advance is specified in any Notice of Revolving Credit Borrowing for a Dollar Advance, then the requested Advance shall be a Base Rate Advance. If no Interest Period with respect to any Eurocurrency Advance is specified in any such Notice, then the applicable interest rate under Section 2.07(b)Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no election as to the Borrower is specified in any such Notice, then the requested Borrower shall be deemed to be the Parent Borrower. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) ), in the case of Dollar Advances, and 3:00 P.M. (London time), in the case of Euro Advances, on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Agent’s Office, in the Agreed Currency and in same day funds, such BankXxxxxx’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of that requested such Revolving Credit BorrowingBorrowing at the Agent’s address referred to in Section 9.02.

Appears in 1 contract

Samples: Credit Agreement (Monsanto Co /New/)

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Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the applicable Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower at the Agent's address referred to in Section 8.02; provided, however, that, in the Notice case of any such Borrowing, the Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by any Issuing Bank and by any other Lender and outstanding on the date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to such Issuing Bank and such other Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Scholastic Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing (and whether such Revolving Credit Borrowing is of Five Month Revolving Credit Advances or 364-Day Revolving Credit Advances), (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.2.

Appears in 1 contract

Samples: Credit Agreement (Radioshack Corp)

Making the Revolving Credit Advances. (a) Each ------------- ------------------------------------ Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 12:00 noon (New York City time) on the Business Day which is the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Day Credit Agreement (Agilent Technologies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), (y) 1:00 P.M. (New York City time) on the second Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Adjusted CD Rate Advances or (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or email. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone or email, confirmed immediately in writing, telecopier or email in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or Adjusted CD Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Administrative Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Day Credit Agreement (Applied Materials Inc /De)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Credit Agreement (Lafarge Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 1:00 P.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”"NOTICE OF REVOLVING CREDIT BORROWING") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 3:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Credit Agreement (Eastman Chemical Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, 18 18 confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower in the Notice of Revolving Credit BorrowingBorrower's Account.

Appears in 1 contract

Samples: Credit Agreement (Puerto Rico Telephone Co Inc)

Making the Revolving Credit Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopyfacsimile, e-mail or other electronic means. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, facsimile, e-mail or other electronic means in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Assignment and Assumption (Travelers Companies, Inc.)

Making the Revolving Credit Advances. (a) Each Revolving Credit ---------------------------------------- Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice ------ of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in ----------------------------- writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Credit Agreement (Genuity Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurodollar Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, by telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing and (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing; provided, however, that if a Notice of Revolving Credit Borrowing in respect of a proposed Revolving Credit Borrowing consisting of Base Rate Advances is given on the date of such Revolving Credit Borrowing, the Lenders shall so make available their ratable portions of such Revolving Credit Borrowing before 3:00 P.M. (New York City time) on such date. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Credit Agreement (Mirant Corp)

Making the Revolving Credit Advances. (a) ------------------------------------ Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall ------------------------------------ be by telecopytelephone, confirmed immediately in writing, or telecopier or telex, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of that requested such Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 8.02.

Appears in 1 contract

Samples: Day Credit Agreement (Monsanto Co /New/)

Making the Revolving Credit Advances. (a) Each Except as otherwise provided in Section 2.10(b) or Section 2.03, each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances)Los Angeles, or not later than 11:00 A.M. (New York City California time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the fourth Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 10:00 A.M. (Los Angeles, California time) on the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the applicable Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”"NOTICE OF REVOLVING CREDIT BORROWING") shall be by telecopy, confirmed immediately in writing, or by telecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing and (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period and currency for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City Los Angeles, California time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Revolving Credit Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the making such Notice of Revolving Credit Borrowing by crediting such Borrower's Account; PROVIDED, HOWEVER, that, in the case of any Revolving Credit Borrowing, the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by the Issuing Bank and by any other Lender to or for the benefit of such Borrower and outstanding on the date of such Revolving Credit Borrowing in the same currency, PLUS interest accrued and unpaid thereon to and as of such date, available to the Issuing Bank and such other Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 Noon (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third fifth Business Day prior to the date of the proposed Revolving Credit Borrowing (in by the case of a Revolving Credit Borrowing comprised of Eurocurrency Rate Advances), by a Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for the Revolving Credit Advances remittance instructions and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, initial Interest Period for each such Revolving Credit Advance. If no election as to Type of Revolving Credit Advances comprising such Revolving Credit Borrowing is specified in any such Notice of Revolving Credit Borrowing, then such Revolving Credit Advances shall be Alternate Base Rate Advances. If no Interest Period with respect to Eurodollar Rate Advances is specified in any such Notice of Revolving Credit Borrowing, then the Agent Borrower shall promptly notify each Bank be deemed to have selected an Interest Period of the applicable interest rate under Section 2.07(b)one month duration. Each Bank shall, before 1:00 p.m. (New York City time) Lender shall on the date of such Revolving Credit Borrowing, before 11:00 A.M. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Eurodollar Rate Advances, and before 1:00 P.M. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such same day funds available to the account Borrower in the manner specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aquila Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (time or, in the case of a Revolving Credit Borrowing comprised of Base Rate Euro Advances), or not later than 11:00 A.M. (New York City London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances), or not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the Parent Borrower (and, in the case of a Borrower Borrowing by a Foreign Subsidiary Borrower, such Foreign Subsidiary Borrower) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, Borrowing (iv) in the case of a proposed Borrowing of provided that all Euro Advances shall be Eurocurrency Rate Advances, Agreed Currency of such Advances), (viii) aggregate amount of such Revolving Credit Borrowing (including the currency of such Borrowing), (viiv) Interest Period for name of the Revolving Credit Advances relevant Borrower and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, initial Interest Period for each such Advance. If no election as to the Agent currency of an Advance is specified in any such Notice, then the requested Advance shall promptly notify each Bank be denominated in Dollars. If no election as to the Type of Advance is specified in any Notice of Revolving Credit Borrowing for a Dollar Advance, then the requested Advance shall be a Base Rate Advance. If no Interest Period with respect to any Eurocurrency Advance is specified in any such Notice, then the applicable interest rate under Section 2.07(b)Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no election as to the Borrower is specified in any such Notice, then the requested Borrower shall be deemed to be the Parent Borrower. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) ), in the case of Dollar Advances, and 1:00 P.M. (London time), in the case of Euro Advances, on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Agent’s Office, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of that requested such Revolving Credit BorrowingBorrowing at the Agent’s address referred to in Section 9.02.

Appears in 1 contract

Samples: Year Credit Agreement (Monsanto Co /New/)

Making the Revolving Credit Advances. (aa ) Each Revolving Credit Borrowing shall be made on notice, given not no later than 11:00 A.M. (New York City timei) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (ii) 11:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (iiw) date of such Revolving Credit Borrowing, (iiix) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (vy) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiz) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before (i) in the case of a Eurodollar Rate Advance, 11:00 A.M. (New York City time) or (ii) in the case of a Base Rate Advance, 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Agent’s Office, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the applicable Borrower in the Notice of Revolving Credit BorrowingBorrowing at the Agent’s address referred to in Section 9.02.

Appears in 1 contract

Samples: Assignment and Assumption (Hershey Co)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing to be comprised of Eurocurrency Eurodollar Rate Advances or (y) 12:00 Noon (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances), by a the applicable Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for the Revolving Credit Advances remittance instructions and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent initial Interest Period for each such Revolving Credit Advance. If no election as to Type of Revolving Credit Advances comprising such Revolving Credit Borrowing is specified in any such Notice of Revolving Credit Borrowing, then such Revolving Credit Advances shall promptly notify each Bank be Alternate Base Rate Advances. If no Interest Period with respect to Eurodollar Rate Advances is specified in any such Notice of Revolving Credit Borrowing, then the applicable interest rate under Section 2.07(b)Borrower shall be deemed to have selected an Interest Period of one month duration. Each Bank shall, before 1:00 p.m. (New York City time) Lender shall on the date of such Revolving Credit Borrowing, before 12:00 Noon (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Eurodollar Rate Advances, and before 2:00 p.m. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set Raynoier - 2011 Credit Agreement forth in Article IIISection 3.02, the Administrative Agent will promptly make such same day funds available to the account applicable Borrower in the manner specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on irrevocable notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the applicable Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing may be given by (A) telephone or (B) notice substantially in the form of Exhibit B-1 (a “Notice of Revolving Credit Borrowing”) shall ); provided that any telephonic notice must be by telecopy, confirmed immediately in writing, in substantially by delivery by the form applicable Borrower to the Agent of Exhibit B-1 hereto, a Notice of Revolving Credit Borrowing specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit BorrowingBorrowing (which must be a Business Day), (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent initial Interest Period for each such Revolving Credit Advance. If the applicable Borrower fails to specify a Type of Advance in a Notice of Revolving Credit Borrowing or if the applicable Borrower fails to give a timely notice requesting a Conversion or continuation, then the applicable Advances shall promptly notify each Bank be made as, or converted to, Base Rate Advances. Any such automatic conversion to Base Rate Advances shall be effective as of the last day of the Interest Period then in effect with respect to the applicable interest rate under Section 2.07(b)Eurodollar Rate Advances. If the applicable Borrower requests a Borrowing of, Conversion to, or continuation of Eurodollar Rate Advances in any such Notice of Revolving Credit Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one (1) month. Notwithstanding anything to the contrary herein, a Swingline Advance may not be converted to a Eurodollar Rate Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified applicable Borrower at the Agent’s address referred to in Section 8.02; provided that, in the case of any such Borrowing, the Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by the applicable Borrower in Issuing Bank and by any other Lender and outstanding on the Notice date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Issuing Bank and such other Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Scholastic Corp)

Making the Revolving Credit Advances. (a) Each Except as otherwise provided in Section 2.03(c), each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopyfacsimile, telecopier or other electronic means. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or facsimile or telecopier in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Assignment and Assumption (Travelers Companies, Inc.)

Making the Revolving Credit Advances. (a) Each ------------------------------------ Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice ------ of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed ----------------------------- immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 12:00 Noon (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Credit Agreement (International Flavors & Fragrances Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the second Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurocurrency Rate Advances)Advances denominated in Dollars, or not later than 11:00 A.M. (New York City y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by any Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”"NOTICE OF REVOLVING CREDIT BORROWING") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent initial Interest Period and currency for each such Revolving Credit Advance; PROVIDED, HOWEVER, that if any such notice shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)fail to specify a currency, Dollars shall be deemed to have been specified. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the Revolving Credit Borrowing at the Agent's address referred to in Section 9.02 or, in the case of a Revolving Credit Borrowing in a Committed Currency, at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 1 contract

Samples: Day Credit Agreement (Interpublic Group of Companies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Alternative Currency, or (z) 11:00 A.M. (New York City time) on the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the Borrower to the Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, and (viiv) in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, initial Interest Period and currency for the Revolving Credit Advances and (vii) account to which the proceeds of each such Revolving Credit Borrowing shall be made availableAdvance. In the case of a Revolving Borrowing comprised of Eurocurrency Rate Advances in an Alternative Currency (other than the lawful currency of Great Britain and Northern Ireland, the lawful currency of Japan and Euros), the obligation of each proposed Lender to make its Eurocurrency Rate Advance in the requested Alternative Currency as part of such Revolving Credit Borrowing is subject to the confirmation by such Lender to the 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 Agent to the Borrower. If any Lender shall not have so provided to the Agent such confirmation, the 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 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 Agent shall promptly so notify each Lender. If the Borrower does not so withdraw such Notice of Revolving Borrowing, the Agent shall promptly so notify each Bank Lender and such Notice of such Bank’s ratable share Revolving Borrowing shall be deemed to be a Notice of such Revolving Credit Borrowing based upon the Available which requests a Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate AdvancesAdvances in an aggregate amount in Dollars equivalent, on the date the 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 Agent to each Lender the Agent shall promptly notify each Bank state such aggregate equivalent amount of the applicable interest rate under Section 2.07(b)such Revolving Borrowing in Dollars and such Lender's ratable portion of such Borrowing. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Alternative Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the Agent's address referred to in Section 8.02 or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 1 contract

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

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 2:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Credit Agreement (Phelps Dodge Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timei) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (ii) 11:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a any Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”"NOTICE OF REVOLVING CREDIT BORROWING") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (iiw) date of such Revolving Credit Borrowing, (iiix) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (vy) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiz) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before (i) in the case of a Eurodollar Rate Advance, 11:00 A.M. (New York City time) or (ii) in the case of a Base Rate Advance, 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower requesting the applicable Borrower in the Notice of Revolving Credit BorrowingBorrowing at the Agent's address referred to in Section 9.02.

Appears in 1 contract

Samples: Credit Agreement (Hershey Foods Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 10:00 A.M. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit BorrowingBorrowing (but limited to a Base Rate Advance or a Eurodollar Rate Advance), (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion (as determined in accordance with Section 2.01(a)) of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 9.01.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Euros or (z) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a Borrower the Company (on its own behalf and on behalf of any Borrowing Subsidiary) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopye-mail, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Advances constituting such Revolving Credit Advances comprising Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify currency and initial Interest Period for each Bank such Revolving Credit Advance and (v) name of the applicable interest rate under Section 2.07(brelevant Borrower (which shall be the Company or a Borrowing Subsidiary). Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the relevant Borrower at such Borrower’s account specified by at the applicable Borrower Agent’s address referred to in the Notice of Revolving Credit BorrowingSection 8.02.

Appears in 1 contract

Samples: Assignment and Assumption (Pepsico Inc)

Making the Revolving Credit Advances. (a) Each Except as otherwise provided in Section 2.16(f)(i) in respect of Letter of Credit Advances deemed converted to Revolving Credit Advances, each Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 1:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by a the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or by telecopier, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a proposed Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) initial Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of each such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)Advance. Each Bank Lender shall, before 1:00 p.m. 3:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified Borrower at the Administrative Agent's address referred to in Section 9.02; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by any Issuing Bank, or, in either case, by any other Lender and outstanding on the applicable Borrower date of such Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to such Issuing Bank, as the case may be, and, in either case, such other Lenders for repayment of such Letter of Credit Advances. Effective as of the Notice of Restatement Effective Date, all "Revolving Credit BorrowingAdvances" outstanding under the Existing Credit Agreement (the "Existing Advances") shall automatically be deemed to be Revolving Credit Advances hereunder.

Appears in 1 contract

Samples: Credit Agreement (Crowley Maritime Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on irrevocable notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the applicable Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing may be given by (A) telephone or (B) notice substantially in the form of Exhibit B-1 (a “Notice of Revolving Credit Borrowing”) shall ); provided that any telephonic notice must be by telecopy, confirmed immediately in writing, in substantially by delivery by the form applicable Borrower to the Agent of Exhibit B-1 hereto, a Notice of Revolving Credit Borrowing specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit BorrowingBorrowing (which must be a Business Day), (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent initial Interest Period for each such Revolving Credit Advance. If the applicable Borrower fails to specify a Type of Advance in a Notice of Revolving Credit Borrowing or if the applicable Borrower fails to give a timely notice requesting a Conversion or continuation, then the applicable Advances shall promptly notify each Bank be made as, or converted to, Base Rate Advances. Any such automatic conversion to Base Rate Advances shall be effective as of the last day of the Interest Period then in effect with respect to the applicable interest rate under Section 2.07(b)Eurodollar Rate Advances. If the applicable Borrower requests a Borrowing of, Conversion to, or continuation of Eurodollar Rate Advances in any such Notice of Revolving Credit Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one (1) month. Notwithstanding anything to the contrary herein, a Swingline Advance may not be converted to a Eurodollar Rate Advance. Each Bank Lender shall, before 1:00 p.m. 2:00 P.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankXxxxxx’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified applicable Borrower at the Agent’s address referred to in Section 8.02; provided that, in the case of any such Borrowing, the Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances made by the applicable Borrower in Issuing Bank and by any other Lender and outstanding on the Notice date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Issuing Bank and such other Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Scholastic Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Euros or (z) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a Borrower the Company (on its own behalf and on behalf of any Borrowing Subsidiary) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopye-mail, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Advances constituting such Revolving Credit Advances comprising Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify currency and initial Interest Period for each Bank such Revolving Credit Advance and (v) name of the applicable interest rate under Section 2.07(brelevant Borrower (which shall be the Company or a Borrowing Subsidiary). Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, ,such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the relevant Borrower at such Borrower’s account specified at the Agent’s address referred to in Section 8.02; provided, however, that, if such Borrowing is denominated in Euro, the Agent shall first make a portion of such funds equal to the aggregate principal amount of Swing Line Advances made to such Borrower by the applicable Borrower in Swing Line Lenders and by any other Lender and outstanding on the Notice date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Lenders and the other Lenders for repayment of such Swing Line Advances.

Appears in 1 contract

Samples: Assignment and Assumption (Pepsico Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 4:00 P.M. (London time) on the third Business Day prior to the date of the proposed Borrowing in the case of a Borrowing consisting of Eurocurrency Rate Advances denominated in Euros or (z) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a Borrower the Company (on its own behalf and on behalf of any Borrowing Subsidiary) to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopye-mail, confirmed immediately promptly in writing, in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Advances constituting such Revolving Credit Advances comprising Borrowing, (iii) aggregate amount of such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify currency and initial Interest Period for each Bank such Revolving Credit Advance and (v) name of the applicable interest rate under Section 2.07(brelevant Borrower (which shall be the Company or a Borrowing Subsidiary). Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the relevant Borrower at such Borrower’s account specified at the Agent’s address referred to in Section 8.02; provided, however, that, if such Borrowing is denominated in Euro, the Agent shall first make a portion of such funds equal to the aggregate principal amount of Swing Line Advances made to such Borrower by the applicable Borrower in Swing Line Lenders and by any other Lender and outstanding on the Notice date of such Revolving Credit Borrowing, plus interest accrued and unpaid thereon to and as of such date, available to the Swing Line Lenders and the other Lenders for repayment of such Swing Line Advances.

Appears in 1 contract

Samples: Assignment and Assumption (Pepsico Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in US Dollars, 4:00 P.M. (London time) on the third day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in a Foreign Currency, or 11:00 A.M. (New York City time) on the same Business Day as the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by the Borrower to the Administrative Agent (and, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower simultaneously to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or by telecopier or telex, in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrowerdate of such Revolving Credit Borrowing (which shall be a Business Day), (ii) date Type of Advances comprising such Revolving Credit Borrowing, (iii) Type aggregate principal amount of Revolving Credit Advances comprising such Revolving Credit Borrowing, Borrowing and (iv) in the case of a proposed Revolving Credit Borrowing consisting of Eurocurrency Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of currency and initial Interest Period for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Rate Advances, the Agent shall promptly notify each Bank of the applicable interest rate under Section 2.07(b)Advance. Each Bank Lender shall, before 1:00 p.m. P.M. (New York City time) on the date of each such Revolving Credit BorrowingBorrowing consisting of Base Rate Advances or Eurocurrency Rate Advances denominated in US Dollars, and 11:00 A.M. (London time) on the date of each such Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in a Foreign Currency, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent's Account, in the Agreed Currency and in same day funds, such Bank’s ratable portion Lender's Pro Rata Share of such Revolving Credit Borrowing. After the Administrative Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the account specified by Borrower at the Administrative Agent's address set forth in Section 8.02(a) or the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 1 contract

Samples: Credit Agreement (True North Communications Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Except in the case of a Borrowing for which the conditions precedent set forth in Section 3.02(b) must be satisfied, each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City timex) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Term Benchmark Advances, or (y) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances), by a the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (together with each notice of a Borrowing described in the next succeeding sentence of this Section 2.02(a), a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a proposed Borrowing consisting of Eurocurrency Rate Term Benchmark Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made availableAdvance. In the case of each a Borrowing for which the conditions precedent set forth in Section 3.02(b) must be satisfied, (A) such Borrowing shall be made on notice, given not later than 12:00 noon (New York City time) on the seventh Business Day prior to the date of the proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank whether such Borrowing is to consist of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Term Benchmark Advances or Base Rate Advances, by the Agent Borrower to the Administrative Agent, which shall promptly notify give to each Bank Lender prompt notice thereof by telecopier or other electronic transmission, and (B) the Notice of Borrowing relating to such Borrowing shall contain a request for a waiver setting forth specifically the Default or event which, but for the application of the applicable interest rate under last sentence of Section 2.07(b6.01, would be such a Default that is requested to be waived by the Required Lenders, or by each of the Lenders, as set forth in Section 3.02(b). Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit BorrowingBorrowing (in the case of a Borrowing consisting of Term Benchmark Advances), and before 2:00 P.M. (New York City time) on the date of such Borrowing (in the case of a Borrowing consisting of Base Rate Advances), make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the Borrower at the Administrative Agent’s address referred to in Section 8.02 or at an account specified designated by the applicable Borrower to the Administrative Agent in the such Notice of Revolving Borrowing; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances outstanding on the date of such Borrowing, plus interest accrued and unpaid thereon and fees and other amounts due and payable in respect of such Letter of Credit Advances to and as of such date, available to the appropriate Issuing Bank and/or other Lenders for repayment of such Letter of Credit Advances.

Appears in 1 contract

Samples: Credit Agreement (Ovintiv Inc.)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 Noon (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing to be comprised of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances), by a the applicable Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (viiv) Interest Period for the Revolving Credit Advances remittance instructions and (viiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent initial Interest Period for each such Revolving Credit Advance. If no election as to Type of Revolving Credit Advances comprising such Revolving Credit Borrowing is specified in any such Notice of Revolving Credit Borrowing, then such Revolving Credit Advances shall promptly notify each Bank be Alternate Base Rate Advances. If no Interest Period with respect to Eurodollar Rate Advances is specified in any such Notice of Revolving Credit Borrowing, then the applicable interest rate under Section 2.07(b)Borrower shall be deemed to have selected an Interest Period of one month duration. Each Bank shall, before 1:00 p.m. (New York City time) Lender shall on the date of such Revolving Credit Borrowing, before 11:00 A.M. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Eurodollar Rate Advances, and before 1:00 P.M. (New York City time), in the case of a Revolving Credit Borrowing to be comprised of Alternate Base Rate Advances, make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article IIISection 3.02, the Administrative Agent will promptly make such same day funds available to the account applicable Borrower in the manner specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Rayonier Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. 12:00 P.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars, (y) 12:00 P.M. (London time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, or (z) 12:00 P.M. (New York City time) on the first Business Day prior to the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Advances denominated in Dollars, and before 11:00 A.M. (London time) on the date of such Revolving Credit Borrowing, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances denominated in any Committed Currency, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and Agent’s Account in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the Agent’s address referred to in Section 8.02(a) or at the applicable Borrower in Payment Office, as the Notice of Revolving Credit Borrowingcase may be.

Appears in 1 contract

Samples: Assignment and Assumption (SNAP-ON Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 10:00 A.M. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or TABLE OF CONTENTS telecopier or telex in substantially the form of Exhibit B-1 B hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit BorrowingBorrowing (but limited to a Base Rate Advance or a Eurodollar Rate Advance), (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent's Account, in the Agreed Currency and in same day funds, such Bank’s Lender's ratable portion (as determined in accordance with Section 2.01(a)) of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by Borrower at the applicable Borrower Agent's address referred to in the Notice of Revolving Credit BorrowingSection 9.01.

Appears in 1 contract

Samples: Credit Agreement (Williams Companies Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing 1:00 p.m. (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances)Pittsburgh, or not later than 11:00 A.M. (New York City Pennsylvania time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Term SOFR Rate Advances or (y) 12:00 Noon (Pittsburgh, Pennsylvania time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or other electronic means. Each such notice of a Revolving Credit Borrowing (a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier or other electronic means (it being understood that the Agent may rely on the authority of any individual making such telephone request without the necessity of receipt of such written confirmation), in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Term SOFR Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 2:00 p.m. (New York City Pittsburgh, Pennsylvania time) on the date of such Revolving Credit Borrowing, Borrowing make available for the account of its Applicable Lending Office to the Agent at the applicable Payment OfficeAgent’s Account, in the Agreed Currency and in same day funds, such BankXxxxxx’s ratable portion Ratable Share of such Revolving Credit Borrowing. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the Borrower by transferring such funds to an account specified designated by the applicable Borrower in no later than 4:00 p.m. (Pittsburgh, Pennsylvania time) on the Notice date of such Revolving Credit Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or 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 Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or 10:00 a.m. (New York City time) on the Business Day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by a the Borrower requesting such Revolving Credit Borrowing to the Agent, which shall give to each Bank prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 D-2 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank shall, before 1:00 12:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Officeits address referred to in Section 8.2 (excluding, in the Agreed Currency and for such purpose, any address to which copies are to be sent), in same day funds, such Bank’s 's ratable portion of such Revolving Credit Borrowing. After the Agent’s 's receipt of such funds, the Agent will make such funds and upon fulfillment of available to the Borrower requesting such Revolving Credit Borrowing at such address; provided that the Agent shall not be required to make such funds available if the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit BorrowingSection 3.2 have not been fulfilled.

Appears in 1 contract

Samples: Credit Agreement (Northwest Pipeline Corp)

Making the Revolving Credit Advances. (a) Each Revolving Credit Borrowing shall be made on notice, given not later than 11:00 (x) 10:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Base Eurocurrency Rate Advances)Advances denominated in any Major Currency, or 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 Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances denominated in Dollars or (z) 9:00 A.M. (New York City time) on the day of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances, by any Borrower to the Agent (and the Agent shall, in the case of a Revolving Credit Borrowing consisting of Eurocurrency Rate Advances), by a Borrower immediately relay such notice to the Sub-Agent), which shall give to each Bank Lender prompt notice thereof by telecopytelecopier or telex. Each such notice of a Revolving Credit Borrowing (a "Notice of Revolving Credit Borrowing") shall be by telecopytelephone, confirmed immediately in writing, or telecopier or telex in substantially the form of Exhibit B-1 hereto, specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit Borrowing, (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Rate Advances, the Agent shall promptly notify initial Interest Period and currency for each Bank of the applicable interest rate under Section 2.07(b)such Revolving Credit Advance. Each Bank Lender shall, before 1:00 p.m. 11:00 A.M. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion case of such a Revolving Credit Borrowing. After the Agent’s receipt Borrowing consisting of such funds and upon fulfillment of the applicable conditions set forth Advances denominated in Article IIIDollars, the Agent will promptly make such same day funds available to the account specified by the applicable Borrower in the Notice of Revolving Credit Borrowing.and

Appears in 1 contract

Samples: Credit Agreement (Honeywell International Inc)

Making the Revolving Credit Advances. (a) Each Revolving Credit Except in the case of a Borrowing for which the conditions precedent set forth in Section 3.02(b) must be satisfied, each Borrowing shall be made on notice, given not later than 11:00 A.M. 12:00 noon (New York City time) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City timex) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances), or (y) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by a the Borrower to the Administrative Agent, which shall give to each Bank Lender prompt notice thereof by telecopytelecopier. Each such notice of a Revolving Credit Borrowing (together with each notice of a Borrowing described in the next succeeding sentence of this Section 2.02(a), a “Notice of Revolving Credit Borrowing”) shall be by telecopytelephone, confirmed immediately in writing, or telecopier in substantially the form of Exhibit B-1 hereto or, with respect to any such notice delivered prior to the date hereof, in substantially the form of Exhibit B-1 B-2 hereto, specifying therein the requested (i) Borrowerdate of such Borrowing, (ii) date of such Revolving Credit Borrowing, (iii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a proposed Borrowing consisting of Eurocurrency Eurodollar Rate Advances, Agreed Currency of such Advances, (v) aggregate amount of initial Interest Period for each such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (vii) account to which the proceeds of such Revolving Credit Borrowing shall be made availableAdvance. In the case of each a Borrowing for which the conditions precedent set forth in Section 3.02(b) must be satisfied, (A) such Borrowing shall be made on notice, given not later than 12:00 noon (New York City time) on the seventh Business Day prior to the date of the proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank whether such Borrowing is to consist of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised of Eurocurrency Eurodollar Rate Advances or Base Rate Advances, by the Agent Borrower to the Administrative Agent, which shall promptly notify give to each Bank Lender prompt notice thereof by telecopier or telex, and (B) the Notice of Borrowing relating to such Borrowing shall contain a request for a waiver setting forth specifically the Default or event which, but for the application of the applicable interest rate under last sentence of Section 2.07(b6.01, would be such a Default that is requested to be waived by the Required Lenders, or by each of the Lenders, as set forth in Section 3.02(b). Each Bank Lender shall, before 1:00 p.m. 12:00 noon (New York City time) on the date of such Revolving Credit BorrowingBorrowing (in the case of a Borrowing consisting of Eurodollar Rate Advances), and before 2:00 P.M. (New York City time) on the date of such Borrowing (in the case of a Borrowing consisting of Base Rate Advances), make available for the account of its Applicable Lending Office to the Administrative Agent at the applicable Payment OfficeAdministrative Agent’s Account, in the Agreed Currency and in same day funds, such BankLender’s ratable portion of such Revolving Credit Borrowing. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will promptly make such same day funds available to the Borrower at the Administrative Agent’s address referred to in Section 8.02 or at an account specified designated by the applicable Borrower to the Administrative Agent in the such Notice of Revolving Borrowing; provided, however, that (x) the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any Letter of Credit Advances outstanding on the date of such Borrowing, plus interest accrued and unpaid thereon and fees and other amounts due and payable in respect of such Letter of Credit Advances to and as of such date, available to the appropriate Issuing Bank and/or other Lenders for repayment of such Letter of Credit Advances and (y) the Administrative Agent shall next make a portion of such funds equal to the aggregate principal amount of any Swing Line Advances outstanding on the date of such Borrowing, plus interest Alenco - Amended and Restated Credit Agreement accrued and unpaid thereon, available to the Swing Line Bank and/or other Lenders for repayment of such Swing Line Advances.

Appears in 1 contract

Samples: Credit Agreement (Encana Corp)

Making the Revolving Credit Advances. (a) (a) Each Revolving Credit Borrowing shall be made on irrevocable notice, given not later than 11:00 A.M. (New York City timex) on the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised of Base Rate Advances), or not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Revolving Credit Borrowing (in the case of a Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances or (y) 11:00 A.M. (New York City time) on the date of the proposed Revolving Credit Borrowing in the case of a Revolving Credit Borrowing consisting of Base Rate Advances), by a the applicable Borrower to the Agent, which shall give to each Bank Lender prompt notice thereof by telecopythereof. Each such notice of a Revolving Credit Borrowing may be given by (A) telephone or (B) notice substantially in the form of Exhibit B-1 (a “Notice of Revolving Credit Borrowing”) shall ); provided that any telephonic notice must be by telecopy, confirmed immediately in writing, in substantially by delivery by the form applicable Borrower to the Agent of Exhibit B-1 hereto, a Notice of Revolving Credit Borrowing specifying therein the requested (i) Borrower, (ii) date of such Revolving Credit BorrowingBorrowing (which must be a Business Day), (iiiii) Type of Revolving Credit Advances comprising such Revolving Credit Borrowing, (iv) in the case of a proposed Borrowing of Eurocurrency Rate Advances, Agreed Currency of such Advances, (viii) aggregate amount of such Revolving Credit Borrowing, (vi) Interest Period for the Revolving Credit Advances and (viiiv) account to which the proceeds of such Revolving Credit Borrowing shall be made available. In the case of each proposed Revolving Credit Borrowing, the Agent shall promptly notify each Bank of such Bank’s ratable share of such Revolving Credit Borrowing based upon the Available Revolving Credit Commitments of the Banks, and in the case of a proposed Revolving Credit Borrowing comprised consisting of Eurocurrency Eurodollar Rate Advances, the Agent shall promptly notify initial Interest Period for each Bank of the applicable interest rate under Section 2.07(b). Each Bank shall, before 1:00 p.m. (New York City time) on the date of such Revolving Credit Borrowing, make available for the account of its Applicable Lending Office to the Agent at the applicable Payment Office, in the Agreed Currency and in same day funds, such Bank’s ratable portion of such Revolving Credit BorrowingAdvance. After the Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Agent will promptly make such same day funds available to the account specified by If the applicable Borrower fails to specify a Type of Advance in the a Notice of Revolving Credit Borrowing.Borrowing or if the applicable Borrower fails to give a timely notice requesting a Conversion or

Appears in 1 contract

Samples: Credit Agreement (Scholastic Corp)

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