Common use of Method of Borrowing and Funding Swingline Loans Clause in Contracts

Method of Borrowing and Funding Swingline Loans. By no later than 2:00 p.m. on the date of the requested borrowing of Swingline Loans, the Borrower shall provide telephonic notice to the Swingline Lender, followed promptly by a written Swingline Loan Request (which may be submitted via telecopy), each of such telephonic notice and such written Swingline Loan Request setting forth (i) the amount of the requested Swingline Loan (which shall not be less than $100,000 and in integral multiples of $50,000 in excess thereof), (ii) the date of the requested Swingline Loan, (iii) certification that the Borrower has complied in all respects with Section 3.2 and, to the extent that the Swingline Loan requested is the initial Extension of Credit, Section 3.1 and (iv) whether such Swingline Loan is to be an ABR Loan or an Index Rate Swingline Loan and, if such Swingline Loan is to be an Index Rate Swingline Loan, the applicable Interest Period. If the Borrower has requested an Index Rate Swingline Loan, the Swingline Lender shall provide to the Borrower no later than 2:30 p.m. on the date of such request the Adjusted LIBOR Market Index Rate. The Borrower shall notify the Swingline Lender by 3:00 p.m. on such date whether it wishes to accept the Adjusted LIBOR Market Index Rate. Failure of the Borrower to timely accept the Adjusted LIBOR Market Index Rate shall make the request for the Adjusted LIBOR Market Index Rate void, and such Swingline Loan shall be made as an ABR Loan. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Borrower by 4:00 p.m. on the Business Day of the requested borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Pulte Homes Inc/Mi/), Credit Agreement (Pulte Homes Inc/Mi/)

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Method of Borrowing and Funding Swingline Loans. By no later than 2:00 p.m. (i) 11:00 a.m. two Business Days prior to the date of the requested borrowing of Swingline Loans that will be Eurodollar Loans or (ii) 1:00 p.m., on the date of the requested borrowing of Swingline Loans that will be Base Rate Loans or CD Rate Loans, the Borrower shall provide telephonic notice telephone the Swingline Lender as well as submit a Swingline Loan Request to the Swingline Lender, followed promptly by a written Swingline Loan Request (which may be submitted via telecopy), each Lender in the form of such telephonic notice and such written Swingline Loan Request Exhibit 2.3(b) setting forth (iA) the amount of the requested Swingline Loan (which shall not be less than $100,000 and in integral multiples of $50,000 in excess thereof)Loan, (iiB) the date of the requested Swingline Loan, (iiiC) whether such Swingline Loan shall accrue interest at the Adjusted Base Rate, the Adjusted CD Rate or the Eurodollar Rate agreed to by the Borrower and the Swingline Lender, (D) with respect to Swingline Loans that will be Eurodollar Loans, the Interest Period applicable thereto and (E) certification that the Borrower has complied in all respects complied with Section 3.2 and, to the extent that the Swingline Loan requested is the initial Extension of Credit, Section 3.1 and (iv) whether such Swingline Loan is to be an ABR Loan or an Index Rate Swingline Loan and, if such Swingline Loan is to be an Index Rate Swingline Loan, the applicable Interest Period5.2. If the Borrower has requested shall fail to specify (x) an Index Rate Interest Period in the case of a Swingline Loan that will be a Eurodollar Loan, the Swingline Lender shall provide to the Borrower no later than 2:30 p.m. on the date of such request the Adjusted LIBOR Market Index Rate. The Borrower shall notify the Swingline Lender by 3:00 p.m. on such date whether it wishes to accept the Adjusted LIBOR Market Index Rate. Failure of the Borrower to timely accept the Adjusted LIBOR Market Index Rate shall make the request for the Adjusted LIBOR Market Index Rate void, and then such Swingline Loan shall be made as deemed to have an ABR Interest Period of seven days, or (y) the type of Swingline Loan requested, then such Swingline Loan shall be deemed to be a Base Rate Loan. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Borrower by 4:00 3:00 p.m. on the Business Day of the requested borrowing. Swingline Loans that are Eurodollar Loans shall convert to a Base Rate Loan on the last day of the applicable Interest Period unless repaid on such day.

Appears in 1 contract

Samples: Credit Agreement (Ryans Family Steakhouses Inc)

Method of Borrowing and Funding Swingline Loans. By no later than 2:00 1:00 p.m. on the date of the requested borrowing of Swingline Loans, the Borrower shall provide telephonic notice to the Swingline Lender, followed promptly by a written Swingline Loan Request (which may be submitted via telecopy), each of such telephonic notice and such written Swingline Loan Request setting forth (i) the amount of the requested Swingline Loan (which shall not be less than $100,000 and in integral multiples of $50,000 in excess thereof), (ii) the date of the requested Swingline Loan, (iii) certification that the Borrower has complied in all respects with Section 3.2 5.2 and, to the extent that the Swingline Loan requested is the initial Extension of Credit, Section 3.1 5.1 and (iv) whether such Swingline Loan is to be an ABR a Floating Rate Loan or an Index Rate Swingline Loan and, if such Swingline Loan is to be an Index Rate Swingline Loan, the applicable Interest Period. If the Borrower has requested an Index Rate Swingline Loan, the Swingline Lender shall provide to the Borrower no later than 2:30 1:30 p.m. on the date of such request the Adjusted LIBOR Market Index Rate. The Borrower shall notify the Swingline Lender by 3:00 2:00 p.m. on such date whether it wishes to accept the Adjusted LIBOR Market Index Rate. Failure of the Borrower to timely accept the Adjusted LIBOR Market Index Rate shall make the request for the Adjusted LIBOR Market Index Rate void, and such the corresponding Index Rate Swingline Loan shall be made as an ABR Loanvoid. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Borrower by 4:00 3:00 p.m. on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pulte Homes Inc/Mi/)

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Method of Borrowing and Funding Swingline Loans. By no later than 2:00 1:00 p.m. on the date of the requested borrowing of Swingline Loans, the Borrower shall provide telephonic notice to the Swingline Lender, followed promptly by a written Swingline Loan Request (which may be submitted via telecopy), each of such telephonic notice and such written Swingline Loan Request setting forth (i) the amount of the requested Swingline Loan (which shall not be less than $100,000 and in integral multiples of $50,000 in excess thereof), (ii) the date of the requested Swingline Loan, (iii) certification that the Borrower has complied in all respects with Section 3.2 5.2 and, to the extent that the Swingline Loan requested is the initial Extension of Credit, Section 3.1 5.1 and (iv) whether such Swingline Loan is to be an ABR a Floating Rate Loan or an Index Rate Swingline Loan and, if such Swingline Loan is to be an Index Rate Swingline Loan, the applicable Interest Period. If the Borrower has requested an Index Rate Swingline Loan, the Swingline Lender shall provide to the Borrower no later than 2:30 1:30 p.m. on the date of such request the Adjusted LIBOR Market Index Rate. The Borrower shall notify the Swingline Lender by 3:00 2:00 p.m. on such date whether it wishes to accept the Adjusted LIBOR Market Index Rate. Failure of the Borrower to timely accept the Adjusted LIBOR Market Index Rate shall make the request for the Adjusted LIBOR Market Index Rate void, and such Swingline Loan shall be made as an ABR a Floating Rate Loan. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Borrower by 4:00 3:00 p.m. on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pulte Homes Inc/Mi/)

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