Making the Revolving Loans. (a) Each Borrowing shall be in an amount not less than $1,000,000 (or, if less, the Available Commitments at such time) or an integral multiple of $100,000 in excess thereof and shall consist of Revolving Loans of the same Type made on the same day by the Lenders ratably according to their respective Commitment Percentages. Each Borrowing shall be made on notice, given not later than 1:00 P.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 Eurodollar Rate Revolving Loans, or not later than 1:00 P.M. (New York City Time) on the date of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Revolving Loans, by the Borrower to the Administrative Agent, which shall give to each Lender prompt written notice thereof. Each such notice of a Revolving Borrowing (a “Notice of Borrowing”) shall be by telephone, confirmed immediately in writing or facsimile in substantially the form of Exhibit A hereto, specifying therein the requested (i) Borrowing Date for such Borrowing, (ii) Type of Revolving Loans comprising such Borrowing, (iii) aggregate amount of such Borrowing, and (iv) in the case of a Borrowing consisting of Eurodollar Rate Revolving Loans, the initial Interest Period for each such Revolving Loan. Each Lender shall, before 2:00 P.M. (New York City Time) (or, for Borrowings consisting of Base Rate Revolving Loans for which notice was provided to the Lenders after 12:00 noon (New York City Time) but no later than 1:00 P.M. (New York City Time), before 3:00 P.M. (New York City Time)) on the applicable Borrowing Date, make available for the account of its Applicable Lending Office to the Administrative Agent at the Agent’s Account, in same day funds, such Lender’s ratable portion of the Borrowing to be made on such Borrowing Date. After the Administrative Agent’s receipt of such funds and upon fulfillment of the applicable conditions set forth in Article III, the Administrative Agent will make such funds available to the Borrower no later than 3:30 P.M. (New York City Time) in such manner as the Borrower shall have specified in the applicable Notice of Borrowing.
(b) Anything in subsection (a) above to the contrary notwithstanding, (i) the Borrower may not select Eurodollar Rate Revolving Loans for any Borrowing if the aggregate amount of such Borrowing is less than $1,000,000 or if the obligation of the Lenders to make Eurodollar Rate Revolving Loans shall t...
Making the Revolving Loans. The Borrower may borrow under the -------------------------- Revolving Commitment on any Business Day, provided that the Borrower shall give the Bank notice pursuant to the terms of the Note specifying (i) the amount of the proposed Borrowing and (ii) the requested date of the Borrowing. Upon satisfaction of the applicable conditions set forth in Article IV, the proceeds of all such Loans will then be made available to the Borrower by the Bank by crediting the account of the Borrower on the books of the Bank, or as otherwise directed by the Borrower.
Making the Revolving Loans. From and including the Closing Date and prior to the Revolving Loan Termination Date, each Lender severally agrees, on the terms and conditions set forth in this Agreement, to make revolving loans to the Borrower from time to time in amounts not to exceed in the aggregate at any one time outstanding (i) the amount of its Revolving Loan Commitment (each individually a "Revolving Loan" and, collectively, the "Revolving Loans") or (ii) the Borrowing Base, in each case minus the sum of the aggregate principal amount of all outstanding Letters of Credit and the outstanding principal on the Swing Line Loan. Each Advance under this Section 2.2.1 shall consist of Revolving Loans made by each Lender ratably in proportion to such Lender's respective Pro Rata Share, it being understood that no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Revolving Loan hereunder nor shall the Revolving Loan Commitment of any Lender be increased or decreased as a result of any such failure. Subject to the terms of this Agreement, the Borrower may borrow, repay and reborrow Revolving Loans at any time prior to the Revolving Loan Termination Date. The Revolving Loan Commitments of the Lenders shall expire on the Revolving Loan Termination Date, and all amounts due on the Revolving Loans shall be payable on the Revolving Loan Termination Date.
Making the Revolving Loans. The Borrower may borrow under the -------------------------- Revolving Commitment on any Business Day, provided that the Borrower shall give the Bank Standard Notice specifying (i) the amount of the proposed Borrowing and (ii) the requested date of the Borrowing. Upon satisfaction of the applicable conditions set forth in Article IV, the proceeds of all such Loans will then be made available to the Borrower by the Bank by crediting the account of the Borrower on the books of the Bank, or as otherwise directed by the Borrower. The Standard Notice may be given in writing (including facsimile transmission) signed by one (1) authorized officer or orally, but if the Standard Notice is provided orally, Borrower shall same day confirm the oral Standard Notice in writing (including facsimile transmission) no later than 2:00 p.m., Los Angeles time, and any conflict regarding a written or oral notice and the Bank's books and records applicable to the same Borrowing shall be conclusively determined by the Bank's books and records. The Bank shall not incur any liability to the Borrower in acting upon any oral or written notice of Borrowing which the Bank believes in good faith to have been given by a Person duly authorized to borrow on behalf of the Borrower.
Making the Revolving Loans. (a) Each borrowing of a Revolving Loan shall be made on telephonic notice (immediately confirmed in writing) given to the Lender by the Borrowers not later than 11:00 a.m., Boston time, on the Business Day of the proposed borrowing. Each such notice of a borrowing (a "Notice of Borrowing") shall be irrevocable and shall specify (A) the requested date of such borrowing and (B) the amount of such borrowing, which shall be in an amount equal to $10,000 or an integral multiple thereof. A Notice of Borrowing shall be deemed to have been made upon presentation to the Lender of a check drawn on the Borrowers' account(s) at the Lender (a "Check Request").
(b) Without in any way limiting the Borrowers' obligation to confirm in writing any Notice of Borrowing, the Lender may act without liability upon the basis of telephonic notice believed by the Lender in good faith to be from the Borrowers prior to receipt of written confirmation thereof. In each such case, the Borrowers hereby waive the right to dispute the Lender's record of the terms of such telephonic Notice of Borrowing, except for the Lender's manifest error.
(c) The Lender will make available each requested Revolving Loan to the Borrower by crediting the proceeds thereof to the Borrowers' operating account at the Payment Office on the date and in the amount set forth in the applicable Notice of Borrowing or Check Request.
Making the Revolving Loans. Each Revolving Loan shall be made upon written notice (in form and substance satisfactory to the Lender, a “Notice of Borrowing”), given by the Borrower to the Lender at least three and not more than five Business Days prior to the proposed borrowing date thereof. Each Notice of Borrowing shall be irrevocable and shall specify therein (A) the proposed borrowing date, which shall be a Business Day, (B) the principal amount of such Revolving Loan and (C) the duration of the initial Interest Period therefor. Upon fulfillment of the applicable conditions set forth in Section 5 hereof (or the waiver thereof by the Lender as herein prescribed), the Lender will make the proceeds of such Revolving Loan available to the Borrower in same day funds at the Lender’s office at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, or at such other place as the Lender shall designate in writing to the Borrower.
Making the Revolving Loans. (i) The Revolving Agent shall promptly notify each Revolving Lender of the amount of each borrowing of Revolving Loans. Each Revolving Lender shall deposit into an account specified by the Revolving Agent an amount equal to its Pro Rata Share of the amount of such borrowing in immediately available funds, not later than 10:00 a.m., New York City time, on the Funding Date applicable thereto. Subject to the satisfaction of the conditions precedent set forth in Article IV, the Revolving Agent shall make the proceeds of such amounts received by it available to the Borrower on such Funding Date.
(ii) Except as otherwise provided in this Section 1.01(c)(ii), all Revolving Loans under this Agreement shall be made by the Revolving Lenders simultaneously and proportionately to their Pro Rata Shares. The failure of any Revolving Lender to deposit the amount described in clause (i) above with the Revolving Agent on the applicable Funding Date shall not relieve any other Revolving Lender of its obligations hereunder to make its Revolving Loan on such Funding Date. No Revolving Lender shall be responsible for any failure by any other Revolving Lender to perform its obligation to make a Revolving Loan hereunder nor shall the Revolving Commitment of any Revolving Lender be increased or decreased as a result of any such failure.
Making the Revolving Loans. Each advance shall be made either: (i) -------------------------- on written notice given by the Borrower to the Lender; or (ii) in a telephonic request, which request shall be followed by written notice from the Borrower to Lender within five days from the telephonic request; and in either event not later than noon (Central Standard Time) one business day prior to the business day upon which the advance is to be made.
Making the Revolving Loans. Each Advance shall be made on at least one bank business days’ prior written notice from the Borrower to the Bank or telephonic request from any person authorized to request Advances on behalf of the Borrower, which notice or request shall specify the date of the requested Advance and the amount thereof. The persons authorized to make such requests for Advances are described in the Resolution of Borrower delivered to the Bank herewith, and such persons are subject to change by the Borrower upon delivery of new Resolutions of the Borrower in writing to the Bank. Upon fulfillment of the applicable conditions set forth in Article III, or as otherwise described in the Loan Sweep Agreement, the Bank may disburse the amount of the requested Advance by crediting the same to the Borrower’s demand deposit account maintained with the Bank or in such other manner as the Bank and the Borrower may from time to time agree. The Borrower shall promptly confirm each telephonic request for an Advance by executing and delivering an appropriate confirmation certificate to the Bank. Any request for an Advance by the Borrower, whether written or telephonic, shall be deemed to be a representation that the statements set forth in Section 3.02 are correct.
Making the Revolving Loans. Each Revolving Loan shall be made upon written notice, in form and substance satisfactory to the Lender (a “Notice of Borrowing”), given by the Borrower to the Lender no later than 11:00 a.m. (New York City time) on the proposed Borrowing Date thereof. Each Notice of Borrowing shall be irrevocable and shall specify (A) the proposed Borrowing Date, which shall be a Business Day, (B) the principal amount of the requested Revolving Loan and (C) the duration of the initial Interest Period. Upon fulfillment of the applicable conditions set forth in Section 5 hereof (or the waiver thereof by the Lender as herein prescribed), the Lender will make the proceeds of such Revolving Loan available to the Borrower in same day funds to the Borrower’s account with the Lender maintained at the Lender’s New York Branch, or at such other place as the Lender shall designate in writing to the Borrower. The Lender shall notify the Borrower of the Applicable Spread with respect to such Revolving Loan on or prior to the commencement of the first Interest Period with respect to such Revolving Loan; provided that the Lender’s failure to notify the Borrower of the Applicable Spread shall not affect the validity of such Revolving Loan or any obligations of the Borrower hereunder or under any Loan Document.
