Common use of Manner of Borrowing Revolving Credit Loans Clause in Contracts

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility established pursuant to Section 3.1 shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, the proposed borrowing date and that such borrowing is to be a Revolving Credit Loan; (ii) the becoming due of any other Obligation shall be deemed, at Lender's discretion, irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lender; (B) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i) shall be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii) shall be disbursed by Lender by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Theragenics Corp)

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Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 2.1 hereof shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: : (i) Borrower Borrowers may give Lender Agent notice of its intention to borrowborrow in accordance with the provisions contained in Section 2.1 hereof and, in which notice Borrower shall specify the amount of the proposed borrowing, the proposed borrowing date and that such borrowing is to be a Revolving Credit Loanif applicable Section 3.1(B) hereof; (ii) the becoming due of any other Obligation amount required to be paid under this Agreement as interest shall be deemeddeemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest; and (iii) the becoming due of any other Obligations, at Lender's discretionafter notice thereof to the Borrowers by the Agent, shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lenderdue; (B) Borrower Borrowers hereby irrevocably authorizes Lender authorize Agent to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 2.2 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i2.2(A)(i) shall be disbursed by Lender Agent in lawful money of the United States of America in immediately available funds, in the case of the initial borrowingRevolving Credit Loan, in accordance with the terms of the written disbursement letter from BorrowerBorrowers, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower Borrowers and Lender Agent from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii2.2(A)(ii) or Section 2.2(A)(iii) shall be disbursed by Lender Agent by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility established pursuant to Section 3.1 shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may shall give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date for such borrowing; and that such borrowing is to be a Revolving Credit Loan; (ii) the becoming due of any other Obligation Obligations shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lender;due; and (B) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 2.2 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i2.2(A)(i) shall be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement pay proceeds letter from Borrowerdelivered by Borrower to Lender on or about the Closing Date, and in the case of each subsequent borrowing, by deposit to one of Borrower's accounts with Lender or by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii2.2(A)(ii) shall be disbursed by Lender by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Simione Central Holdings Inc)

Manner of Borrowing Revolving Credit Loans. Borrowings under (a) The Company shall give telephonic, telex or telecopy notice to the Administrative Agent (which notice, if telephonic, shall be promptly confirmed in writing) no later than (i) 12:00 Noon (Chicago time) on the date the Banks are requested to make each Borrowing of Base Rate Loans, and (ii) 12:00 Noon (Chicago time) on the date at least three (3) Business Days prior to the date of (A) each Borrowing of Eurodollar Loans which the Banks are requested to make or continue, and (B) the conversion of any Borrowing of Base Rate Loans into a Borrowing of Eurodollar Loans. Each such notice shall be irrevocable and shall specify the Borrower requesting such Borrowing, the date of the Borrowing requested (which shall be a Business Day), the amount of such Borrowing, whether the Borrowing is to be made available by means of Base Rate Loans or Eurodollar Loans and, with respect to a Borrowing of Eurodollar Loans, the Interest Period applicable thereto; provided, that in no event shall the principal amount of any requested Revolving Credit Loan plus the aggregate principal amount of all Loans outstanding hereunder exceed the Revolving Credit Facility established Commitments as such amounts may be reduced pursuant to Section 3.1 3.5 of this Agreement. The Borrowers agree that the Administrative Agent may rely on any such telephonic, telex or telecopy notice given by any person who the Administrative Agent reasonably believes is authorized to give such notice without the necessity of independent investigation and in the event any notice by such means conflicts with the written confirmation, such notice shall govern if the Administrative Agent or any Bank has acted in reliance thereon. The Administrative Agent shall, on the day any such notice is received by it, give prompt telephonic, telex or telecopy (if telephonic, to be confirmed in writing within one Business Day) notice of the receipt of notice from the Company hereunder to each of the Banks. (b) Subject to the provisions of Section 6 hereof, the proceeds of each Borrowing of Revolving Credit Loans shall be as follows:made available to the relevant Borrower at the principal office of the Administrative Agent in Chicago, Illinois, by depositing immediately available funds into an account maintained by such Borrower with the Administrative Agent, on the date such Borrowing is requested to be made. Not later than 3:00 p.m. Chicago time, on the date specified for any Borrowing of Revolving Credit Loans to be made hereunder, each Bank shall make its Loan comprising part of such Borrowing available to the Borrowers in immediately available funds at the principal office of the Administrative Agent. (Ac) A request for Unless the Administrative Agent shall have been notified by a Bank prior to the date of a Revolving Credit Loan to be made by such Bank (which notice shall be made, or shall be deemed to be made, in the following manner: (ieffective upon receipt) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, the proposed borrowing date and that such borrowing is Bank does not intend to be a Revolving Credit Loan; (ii) make the becoming due proceeds of any other Obligation shall be deemed, at Lender's discretion, irrevocably to be a request for a such Revolving Credit Loan available to the Administrative Agent, the Administrative Agent may assume that such Bank has made such proceeds available to the Administrative Agent on such date and the Administrative Agent may in reliance upon such assumption (but shall not be required to) make available to the relevant Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Administrative Agent by such Bank, the Administrative Agent shall be entitled to receive such amount on demand from such Bank (or, if such Bank fails to pay such amount forthwith upon such demand, to recover such amount, together with interest thereon at the rate otherwise applicable thereto under Section 1.3 hereof, from the relevant Borrower) together with interest thereon in respect of each day during the period commencing on the due date in such amount was made available to a Borrower and ending on the amount then so due and (iii) pursuant date the Administrative Agent recovers such amount, at a rate per annum equal to the terms of Borrower's FOCUS account or similar account effective rate charged to the Administrative Agent for overnight Federal funds transactions with Lender; (B) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i) shall be disbursed by Lender in lawful money member banks of the United States of America in immediately available fundsFederal Reserve System for each day, as determined by the Administrative Agent (or, in the case of a day which is not a Business Day, then for the initial borrowing, preceding Business Day) (the "Fed Funds Rate"). Nothing in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under this Section 3.2(A)(ii1.5(c) shall be disbursed by Lender by way of direct payment of deemed to permit any Bank to breach its obligations to make Revolving Credit Loans under the relevant ObligationRevolving Credit, or to limit any Borrower's claims against any Bank for such breach.

Appears in 1 contract

Samples: Credit Agreement (Mississippi Chemical Corp /MS/)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility established pursuant to Section 3.1 2.1 shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may shall give Lender written notice (or telephonic notice promptly confirmed in writing) substantially in the form of its intention Exhibit C attached hereto, signed by an authorized officer of Borrower, provided that in the case of Prime Rate Advances, such notice shall be given to borrowLender not later than 10:00 a.m. (Atlanta, Georgia time) on the Business Day of the date of a proposed Prime Rate Advance, in which the case of LIBOR Advances, such notice Borrower shall specify be given to Lender at least two (2) Business Days prior to the amount date of a proposed LIBOR Advance, and in the case of Treasury Rate Advances, such notice shall be given to Lender at least five (5) Business Days prior to the date of a proposed borrowingTreasury Rate Advance, and further provided that any notice given to Lender under this Section shall be given to Lender prior to 10:00 a.m. (Atlanta, Georgia time) in order for such Business Day to count towards the proposed borrowing date and that such borrowing is to be a Revolving Credit Loanminimum number of Business Days required; (ii) the becoming due of any other Obligation Obligation, to the extent not paid by Borrower, on the due date thereof, after giving effect to any applicable grace periods, shall be deemed, at Lender's discretion, irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS Autoborrow account or similar account with Lender;. (B) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 2.2 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i2.2(A)(i) shall be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time; time and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii2.2(A)(ii) shall be disbursed by Lender by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Theragenics Corp)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 SECTION 2.1 hereof shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: : (i) Borrower Borrowers may give Lender Agent notice of its their intention to borrow, in which notice Borrower Borrowers shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is to be a Revolving Credit Loandate; (ii) the becoming due of any other Obligation amount required to be paid under this Agreement or the Notes as interest shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest; (iii) the becoming due of any amount required to be paid under the Notes as principal shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date for the amount required to pay such principal; (iv) any payment made by Agent pursuant to a Letter of Credit issued as part of the DIP Facility (including each Rollover Letter of Credit) issued by Agent or issued by Bank pursuant to the Fleet Bank Risk Participation Agreement or any other LC Risk Participation Agreement which is not immediately reimbursed by Borrowers (each such reimbursed payment made by Agent being referred to individually as an "LC PAYMENT") shall be deemed irrevocably to be a request for a Revolving Credit Loan on the date such LC Payment was made; and (v) the becoming due of any other Obligations shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lender;due. (B) Each Borrower hereby irrevocably authorizes Lender Agent to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 SECTION 2.3 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(iSECTION 2.3(A)(I) shall be disbursed by Lender Agent in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from BorrowerBorrowers, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender Agent from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(iiSECTION 2.3(A)(II), (III) OR (IV) shall be disbursed by Lender Agent by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Brazos Sportswear Inc /De/)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 2.1 hereof shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is to be a Revolving Credit Loandate; (ii) the becoming due of any other Obligation amount required to be paid under this Agreement or the Term Note as interest shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest; and (iii) the becoming due of any other Obligations shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lenderdue; (B) Borrower hereby irrevocably authorizes Lender to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 2.3 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i2.3(A)(i) shall be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii2.3(A)(ii) or (iii) shall be disbursed by Lender by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Lowrance Electronics Inc)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 SECTION 2.1 hereof shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender Agent notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is to be a Revolving Credit Loandate; (ii) the becoming due of any other Obligation amount required to be paid under this Agreement or the Notes as interest shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and required to pay such interest; (iii) the becoming due of any amount required to be paid under the Notes as principal shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date for the amount required to pay such principal; (iv) any payment made by Agent pursuant to a Letter of Credit issued by Agent or pursuant to the terms of Borrower's FOCUS account Fleet Bank Risk Participation Agreement or similar account with Lender; any other LC Risk Participation Agreement which is not immediately reimbursed by Borrower (Beach such unreimbursed payment made by Agent being referred to individually as an "LC PAYMENT") Borrower hereby shall be deemed irrevocably authorizes Lender to disburse the proceeds of each be a request for a Revolving Credit Loan requested, on the date such LC Payment was made; (v) any payment made by Agent pursuant to an FX Guaranty or FX Contract which is not immediately reimbursed by Borrower (each such unreimbursed payment made by Agent being referred to individually as a "FX PAYMENT") shall be deemed irrevocably to be requested, pursuant to this Section 3.2 as follows: (i) the proceeds of each a request for a Revolving Credit Loan requested under Section 3.2(A)(i) shall be disbursed by Lender in lawful money of on the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to date such bank account as may be agreed upon by Borrower and Lender from time to timeFX Payment was made; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii) shall be disbursed by Lender by way of direct payment of the relevant Obligation.and

Appears in 1 contract

Samples: Loan and Security Agreement (Brazos Sportswear Inc /De/)

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Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 2.1 shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender Agent notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is to be a Revolving Credit Loandate; (ii) the becoming due of any other Obligation amount required to be paid under this Agreement as interest shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest; and (iii) the becoming due of any other Obligations shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lenderdue; (B) Borrower hereby irrevocably authorizes Lender Agent to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 2.2 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i2.2(A)(i) shall be disbursed by Lender Agent in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender Agent from time to time, if such borrowing request is received by 11:00 a.m. New York time on the same Business Day and if received later than 11:00 a.m. New York time on the next succeeding Business Day; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii2.2(A)(ii) or (iii) shall be disbursed by Lender Agent by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan Agreement (Microwave Power Devices Inc)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility ------------------------------------------ credit facility established pursuant to Section 3.1 paragraph 2.1 shall be as follows: (Aa) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) the Borrower may shall give Lender the Bank notice of its intention to borrow, in which notice the Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is to date, which notice, in the case of Eurodollar Advances, shall be a Revolving Credit Loanin conformity with Section 2.5 hereof; (ii) an amount of interest that is required to be paid under the becoming Revolving Note being due shall be deemed irrevocably to constitute a request for a Revolving Credit Loan on the due date of such amount in the amount so owed the Bank; and (iii) the amount of any other Obligation of Borrower's Liabilities which become due shall be deemed, at Lender's discretion, deemed irrevocably to be constitute a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant owed to the terms of Borrower's FOCUS account or similar account with Lender;Bank; and (Bb) The Borrower hereby irrevocably authorizes Lender the Bank to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 paragraph 2.3 as follows: : (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(isubparagraph 2.3 (a) (i) shall be disbursed by Lender the Bank in lawful money of the United States of America in immediately available funds, in funds to the case of the initial borrowing, in accordance Borrower's operating account maintained with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender from time to time; Bank and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(iisubparagraphs 2.3(a)(ii) or (iii) shall be disbursed by Lender the Bank by way of direct payment of the relevant ObligationBorrower's Liability. (c) Except as specifically hereinafter provided, Borrower may from time to time prepay, in whole or in part, Borrower's Liabilities at any time, without premium. All prepayments of Borrower Liabilities shall include accrued interest to the date of prepayment. Revolving Credit Loans arising under Paragraph 2.1 above and paid or prepaid may be reborrowed subject to the terms and conditions of this Agreement and the Revolving Note. Anything in this Agreement or the Note to the contrary notwithstanding, Borrower hereby agrees to indemnify Bank upon demand against any cost or expense which Bank shall sustain or incur as a consequence of any prepayment of a Eurodollar Advance for which Borrower has elected the Libor Rate as the applicable Loan Rate, arising out of or in connection with: (i) Bank's obtaining or maintaining an Eurodollar loan the Bank deems necessary to enable Borrower to maintain or make use of, its option to elect the Libor Rate as the Loan Rate applicable for such Eurodollar Advance; or (ii) any failure of Borrower to maintain the principal balance of such Eurodollar Advance through the last day of the Interest Period for any such Eurodollar Advance which Borrower has elected the Libor Rate as the applicable Loan Rate. Said cost or expense, if any, shall be determined and calculated by Bank and shall be deemed conclusive and binding upon Borrower in the absence of manifest error, and such liability shall become part of Borrower's Liabilities. Upon the written request of the Borrower, Bank shall provide to Borrower at the time of any such prepayment (or at the time such prepayment is proposed) a reasonable estimate in writing of the cost or expense that will be or has been incurred, if any. In the event of a prepayment of a Eurodollar Advance, Bank may demand that such estimated amount be paid by Borrower at the time of such prepayment, subject to adjustment at such time as the actual cost or expense of Bank can be determined. Such indemnification for such cost or expense shall be due and payable notwithstanding the cause of a prepayment of a Eurodollar Advance, including without limitation of the foregoing, a prepayment of a Eurodollar Advance caused by the acceleration of Borrower's Liabilities upon the occurrence of an Event of Default, as defined below.

Appears in 1 contract

Samples: Loan Agreement (Telegroup Inc)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 SECTION 2.1 hereof shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrower may give Lender Agent notice of its intention to borrow, in which notice Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is to be a Revolving Credit Loandate; (ii) the becoming due of any other Obligation amount required to be paid under this Agreement, the Revolving Credit Notes or the Term Notes as interest shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount required to pay such interest; (iii) the becoming due of any amount required to be paid under the Term Notes or the Revolving Credit Notes as principal shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date for the amount required to pay such principal; (iv) any payment made by Agent pursuant to a Letter of Credit issued by Agent or pursuant to the Fleet Bank Risk Participation Agreement or any other LC Risk Participation Agreement which is not immediately reimbursed by Borrower (each such unreimbursed payment made by Agent being referred to individually as an "LC PAYMENT") shall be deemed irrevocably to be a request for a Revolving Credit Loan on the date such LC Payment was made; and (v) the becoming due of any other Obligations shall be deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lender;due. (B) Borrower hereby irrevocably authorizes Lender Agent to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 SECTION 2.3 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(iSECTION 2.3(A)(I) shall be disbursed by Lender Agent in lawful money of the United States of America in immediately available funds, in the case of the initial borrowing, in accordance with the terms of the written disbursement letter from Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by Borrower and Lender Agent from time to time; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(iiSECTION 2.3(A)(II), (III) OR (IV) shall be disbursed by Lender Agent by way of direct payment of the relevant Obligation.

Appears in 1 contract

Samples: Loan and Security Agreement (Brazos Sportswear Inc /De/)

Manner of Borrowing Revolving Credit Loans. Borrowings under the Revolving Credit Facility credit facility established pursuant to Section 3.1 2.1 shall be as follows: (A) A request for a Revolving Credit Loan shall be made, or shall be deemed to be made, in the following manner: (i) Borrowing Agent on behalf of any Borrower may give Lender notice of its intention to borrow, in which notice Borrowing Agent on behalf of any Borrower shall specify the amount of the proposed borrowing, borrowing and the proposed borrowing date and that such borrowing is date; (ii) the becoming due of any amount required to be paid under this Agreement as interest shall be deemed irrevocably to be a request for a Revolving Credit LoanLoan on the due date in the amount required to pay such interest; and (iiiii) the becoming due of any other Obligation shall be deemed, at Lender's discretion, deemed irrevocably to be a request for a Revolving Credit Loan on the due date in the amount then so due and (iii) pursuant to the terms of Borrower's FOCUS account or similar account with Lenderdue; (B) Borrower Borrowers hereby irrevocably authorizes authorize Lender to disburse the proceeds of each Revolving Credit Loan requested, or deemed to be requested, pursuant to this Section 3.2 2.3 as follows: (i) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(i2.3(A)(i) shall be disbursed by Lender in lawful money of the United States of America in immediately available funds, in the case of any borrowing on the initial borrowingClosing Date, in accordance with the terms of the written disbursement letter from Borrowing Agent on behalf of any Borrower, and in the case of each subsequent borrowing, by wire transfer to such bank account as may be agreed upon by each Borrower and Lender from time to time, if such borrowing request is received by 11:00 a.m. New York time on the same Business Day and if received later than 11:00 a.m. New York time on the next succeeding Business Day; and (ii) the proceeds of each Revolving Credit Loan requested under Section 3.2(A)(ii2.3(A)(ii) or (iii) shall be disbursed by Lender by way of direct payment of the relevant Obligation. (C) On the terms and subject to the conditions of this Agreement, Revolving Credit Loans may be repaid without premium or penalty and may be reborrowed.

Appears in 1 contract

Samples: Loan and Security Agreement (CFP Holdings Inc)

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