Common use of Method of Borrowing for Revolving Loans Clause in Contracts

Method of Borrowing for Revolving Loans. By no later than 11:00 a.m. (i) on the date of the requested borrowing of Revolving Loans that will be Base Rate Loans or (ii) three Business Days prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Loans, the Borrower shall telephone the Administrative Agent as well as submit a written Notice of Borrowing in the form of Exhibit 2.1 to the Administrative Agent setting forth (A) the amount requested, (B) whether such Revolving Loans shall accrue interest at the Adjusted Base Rate or the Adjusted Eurodollar Rate, (C) with respect to Revolving Loans that will be Eurodollar Loans, the Interest Period applicable thereto and (D) certification that the Borrower has complied in all respects with Section 5.2. If the Borrower shall fail to specify (x) an Interest Period in the case of a Eurodollar Loan, then such Eurodollar Loan shall be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requested, then such Revolving Loan shall be deemed to be a Base Rate Loan. All Revolving Loans on the Initial Funding Date shall be Base Rate Loans unless the Borrower delivers to the Administrative Agent at least three Business Days prior to the Initial Funding Date a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent. Thereafter, all or any portion of the Revolving Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5 and the definition of "Interest Period" set forth in Section 1.1.

Appears in 2 contracts

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

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Method of Borrowing for Revolving Loans. By no later than 11:00 a.m. (i) on the date of the requested borrowing of Revolving Loans that will be made as Base Rate Loans or (ii) three Business Days prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Loansmade as Eurocurrency Rate Loans denominated in Dollars, and (iii) four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the date of the requested borrowing of Revolving Loans that will be Eurocurrency Rate Loans denominated in Alternative Currencies, the Borrower shall telephone provide telephonic notice to the Administrative Agent as well as submit Agent, followed promptly by a written Notice of Borrowing in the form of Exhibit 2.1 to the Administrative Agent 2.2(b) (which may be submitted by telecopy), each of such telephonic notice and such written Notice of Borrowing setting forth (A) the amount requested, (B) whether such Revolving Loans shall accrue interest at the Adjusted Base Rate or the Adjusted Eurodollar Eurocurrency Rate, (C) with respect to Revolving Loans that will be Eurodollar Eurocurrency Rate Loans, the Interest Period applicable thereto and (D) certification that the Borrower has complied in all respects with Section 5.2. If the Borrower shall fail to specify (x) an Interest Period in the case of a Eurodollar Loan, then Each such Eurodollar Loan shall notice must be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requested, then such Revolving Loan shall be deemed to be a Base Rate Loan. All Revolving Loans on the Initial Funding Date shall be Base Rate Loans unless the Borrower delivers to received by the Administrative Agent at least not later than (i) three Business Days prior to the Initial Funding Date requested date of any borrowing of, conversion to or continuation of Eurocurrency Rate Loans denominated in Dollars or of any conversion of Eurocurrency Rate Loans denominated in Dollars to Base Rate Loans, (ii) four Business Days (or five Business Days in the case of a funding indemnity letter in form and substance reasonably satisfactory Special Notice Currency) prior to the Administrative Agent. Thereafterrequested date of any borrowing or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies, all and (iii) on the requested date of any borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurocurrency Rate Loans having an Interest Period other than one, two, three or any portion of the Revolving Loans may be converted into Eurodollar Loans six months in accordance with the terms of Section 2.5 and duration as provided in the definition of "β€œInterest Period" set forth ,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. (i) four Business Days prior to the requested date of such borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Section 1.1Dollars, or (ii) five Business Days (or six Business days in the case of a Special Notice Currency) prior to the requested date of such borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., (i) three Business Days before the requested date of such borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Dollars, or (ii) four Business Days (or five Business days in the case of a Special Notice Currency) prior to the requested date of such Borrowing, conversion or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc)

Method of Borrowing for Revolving Loans. By no later than 11:00 a.m. (i) 11:00 a.m., New York City Time, on the date of the requested borrowing of Revolving Loans that will be made as Base Rate Loans or Loans, (ii) 1:00 p.m., New York City Time, three U.S. Government Securities Business Days prior to the date of the requested borrowing of Revolving Loans that will be made 41 as Term Benchmark Loans denominated in Dollars, (iii) 12:00 p.m., New York City time, three Business Days prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Loansmade as Term Benchmark Loans denominated in Euros, (iv) 11:00 a.m., New York City time, four RFR Business Days prior to the date of the requested borrowing of Revolving Loans that will be made as RFR Loans denominated in Sterling, or (v) 1:00 p.m., New York City time, three U.S. Government Securities Business Days prior to the date of the requested borrowing of Revolving Loans that will be made as RFR Loans denominated in Dollars (but only if applicable pursuant to Section 3.10) the Borrower shall telephone provide written notice, submitted by fax, email or hand delivery, to the Administrative Agent as well as submit a written Notice of Borrowing in the form of Exhibit 2.1 2.1(b) (or, in the case of any borrowing of Revolving Loans denominated in Dollars, by telephonic notification, confirmed promptly by written notice, submitted by fax, email or hand delivery, to the Administrative Agent in the form of Exhibit 2.1(b)), each of such telephonic notice and such written Notice of Borrowing setting forth (A) the amount requested, (B) whether such Revolving Loans shall accrue interest at the Base Rate, the Adjusted Base Rate Daily Simple XXXXX Rate, the Adjusted Term SOFR, the Adjusted Daily Simple SOFR (only if applicable pursuant to Section 3.10) or the Adjusted Eurodollar EURIBO Rate, (C) with respect to Revolving Loans that will be Eurodollar Term Benchmark Loans, the Interest Period applicable thereto and thereto, (D) with respect to Revolving Loans that will be Term Benchmark Loans or RFR Loans, the applicable currency thereof, (E) certification that the Borrower has complied in all respects with Section 5.2. If the Borrower shall fail to specify 5.2 and (xF) an Interest Period in the case of a Eurodollar Loan, then such Eurodollar Loan shall be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requestedborrowing requested to finance the reimbursement of a Letter of Credit as provided in Section 2.2(d), then the identity of the Issuing Lender that has issued such Revolving Loan shall Letter of Credit. Each such notice must be deemed to be a Base Rate Loan. All Revolving Loans on the Initial Funding Date shall be Base Rate Loans unless the Borrower delivers to received by the Administrative Agent at least not later than (i) three U.S. Government Securities Business Days prior to the requested date of any borrowing of, conversion to or continuation of Term Benchmark Loans denominated in Dollars or of any conversion of Term Benchmark Loans denominated in Dollars to Base Rate Loans, (ii) three Business Days prior to the Initial Funding Date a funding indemnity letter requested date of any borrowing or continuation of Term Benchmark Loans denominated in form and substance reasonably satisfactory Euros, (iii) four RFR Business Days prior to the Administrative Agent. Thereafter, all requested date of any borrowing of RFR Loans denominated in Sterling (or three U.S. Government Securities Business Days in the case of any portion RFR Loans denominated in Dollars (if applicable pursuant to Section 3.10)) and (iv) on the requested date of the Revolving Loans may be converted into Eurodollar Loans in accordance with the terms any borrowing of Section 2.5 and the definition of "Interest Period" set forth in Section 1.1Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Quest Diagnostics Inc)

Method of Borrowing for Revolving Loans. (i) By no later than 11:00 a.m. --------------------------------------- 12:00 noon (ilocal time in Charlotte, North Carolina) on the Business Day prior to date of the requested borrowing of Revolving Loans that will be Base Rate Loans or (ii) three no later than 1:00 P.M. (local time in Charlotte, North Carolina) on the fourth Business Days Day prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Loans, the Borrower shall telephone the Administrative Agent as well as submit a written Notice of Borrowing in the form of Exhibit 2.1 A-1 to the Administrative Agent setting forth (A) the aggregate ----------- principal amount of Revolving Loans requested, (B) whether such Revolving Loans shall accrue interest at the Adjusted Base Rate or the Adjusted Eurodollar Rate, (C) with respect to Revolving Loans that will be Eurodollar Loans, the initial Interest Period applicable thereto (which shall be subject to the definition of Interest Period) and (D) certification that the Borrower has complied in all respects with Section 5.24.02. If the Borrower shall fail to specify (x) an ------------ Interest Period in the case of a Eurodollar Loan, then such Eurodollar Loan shall be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requested, then such Revolving Loan shall be deemed to be a Base Rate Loan. All Revolving Loans on the Initial Funding Effective Date shall be Base Rate Loans unless the Borrower delivers to the Administrative Agent at least three Business Days prior to the Initial Funding Effective Date a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent. Thereafter, all or any portion of the Revolving Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5 3.01(c) and the definition of "Interest --------------- Period" set forth in Section 1.1.1.01. ------------

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Inc)

Method of Borrowing for Revolving Loans. By no later than 11:00 a.m. (i) 11:00 a.m., Local Time, on the date of the requested borrowing of Revolving Loans that will be made as Base Rate Loans or Loans, (ii) 1:00 p.m., Local Time, three Business Days prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Loansmade as Eurocurrency Rate Loans denominated in Dollars, or (iii) 1:00 p.m., Local Time, four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the date of the requested borrowing of Revolving Loans that will be Eurocurrency Rate Loans denominated in Alternative Currencies, the Borrower shall telephone provide written notice, submitted by fax, email or hand delivery, to the Administrative Agent as well as submit a written Notice of Borrowing in the form of Exhibit 2.1 2.1(b) (or, in the case of any borrowing of Revolving Loans denominated in Dollars, by telephonic notification, confirmed promptly by written notice, submitted by fax, email or hand delivery, to the Administrative Agent in the form of Exhibit 2.1(b)), each of such telephonic notice and such written Notice of Borrowing setting forth (A) the amount requested, (B) whether such Revolving Loans shall accrue interest at the Adjusted Base Rate, the LIBO Rate or the Adjusted Eurodollar EURIBO Rate, (C) with respect to Revolving Loans that will be Eurodollar Eurocurrency Rate Loans, the Interest Period applicable thereto and thereto, (D) with respect to Revolving Loans that will be Eurocurrency Rate Loans, the applicable currency thereof, (E) certification that the Borrower has complied in all respects with Section 5.2. If the Borrower shall fail to specify 5.2 and (xF) an Interest Period in the case of a Eurodollar Loan, then such Eurodollar Loan shall be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requestedborrowing requested to finance the reimbursement of a Letter of Credit as provided in Section 2.2(d), then the identity of the Issuing Lender that has issued such Revolving Loan shall Letter of Credit. Each such notice must be deemed to be a Base Rate Loan. All Revolving Loans on the Initial Funding Date shall be Base Rate Loans unless the Borrower delivers to received by the Administrative Agent at least not later than (i) three Business Days prior to the Initial Funding Date requested date of any borrowing of, conversion to or continuation of Eurocurrency Rate Loans denominated in Dollars or of any conversion of Eurocurrency Rate Loans denominated in Dollars to Base Rate Loans, (ii) four Business Days (or five Business Days in the case of a funding indemnity letter in form and substance reasonably satisfactory Special Notice Currency) prior to the Administrative Agent. Thereafter, all requested date of any borrowing or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies and (iii) on the requested date of any portion borrowing of the Revolving Loans may be converted into Eurodollar Loans in accordance with the terms of Section 2.5 and the definition of "Interest Period" set forth in Section 1.1Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Quest Diagnostics Inc)

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Method of Borrowing for Revolving Loans. By no later than 11:00 a.m. (i) 11:00 a.m., Local Time, on the date of the requested borrowing of Revolving Loans that will be made as Base Rate Loans or Loans, (ii) 1:00 p.m., Local Time, three Business Days prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Loansmade as Term Benchmark Loans denominated in Dollars, (iii) 12:00 p.m., New York City time, three Business Days prior to the date of the requested borrowing of Revolving Loans that will be made as Term Benchmark Loans denominated in Euros, or (iv) 11:00 a.m., New York City time, four RFR Business Days prior to the date of the requested borrowing of Revolving Loans that will be made as RFR Loans denominated in Sterling, the Borrower shall telephone provide written notice, submitted by fax, email or hand delivery, to the Administrative Agent as well as submit a written Notice of Borrowing in the form of Exhibit 2.1 2.1(b) (or, in the case of any borrowing of Revolving Loans denominated in Dollars, by telephonic notification, confirmed promptly by written notice, submitted by fax, email or hand delivery, to the Administrative Agent in the form of Exhibit 2.1(b)), each of such telephonic notice and such written Notice of Borrowing setting forth (A) the amount requested, (B) whether such Revolving Loans shall accrue interest at the Base Rate, the Adjusted Base Daily Simple XXXXX Xxxx, the Adjusted LIBO Rate or the Adjusted Eurodollar EURIBO Rate, (C) with respect to Revolving Loans that will be Eurodollar Term Benchmark Loans, the Interest Period applicable thereto and thereto, (D) with respect to Revolving Loans that will be Term Benchmark Loans or RFR Loans, the applicable currency thereof, (E) certification that the Borrower has complied in all respects with Section 5.2. If the Borrower shall fail to specify 5.2 and (xF) an Interest Period in the case of a Eurodollar Loan, then such Eurodollar Loan shall be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requestedborrowing requested to finance the reimbursement of a Letter of Credit as provided in Section 2.2(d), then the identity of the Issuing Lender that has issued such Revolving Loan shall Letter of Credit. Each such notice must be deemed to be a Base Rate Loan. All Revolving Loans on the Initial Funding Date shall be Base Rate Loans unless the Borrower delivers to received by the Administrative Agent at least not later than (i) three Business Days prior to the Initial Funding Date a funding indemnity letter requested date of any borrowing of, conversion to or continuation of Term Benchmark Loans denominated in form and substance reasonably satisfactory Dollars or of any conversion of Term Benchmark Loans denominated in Dollars to Base Rate Loans, (ii) three Business Days prior to the Administrative Agent. Thereafterrequested date of any borrowing or continuation of Term Benchmark Loans denominated in Euros, all or (iii) four RFR Business Days prior to the requested date of any portion borrowing of RFR Loans and (iv) on the Revolving Loans may be converted into Eurodollar Loans in accordance with the terms requested date of Section 2.5 and the definition any borrowing of "Interest Period" set forth in Section 1.1Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Quest Diagnostics Inc)

Method of Borrowing for Revolving Loans. By no later than 11:00 a.m. 12:00 noon (ia) on the date of the requested borrowing of Revolving Loans that will be Base Rate Loans or (iib) three Business Days prior to the date of the requested borrowing of Revolving Loans that will be Eurodollar Eurocurrency Loans, the Borrower shall telephone provide telephonic notice to the Administrative Agent as well as submit Agent, followed promptly by a written Notice of Borrowing in the form of Exhibit 2.1 to the Administrative Agent 2.5 (which may be submitted via telecopy), each of such telephonic notice and such written Notice of Borrowing setting forth (Ai) the amount requested, (Bii) whether the Revolving Loans are Revolving-A Loans or Revolving-B Loans, (iii) whether such Revolving Loans shall accrue interest at the Adjusted Base Rate or the Adjusted Eurodollar Eurocurrency Rate, (Civ) with respect to Revolving Loans that will be Eurodollar Eurocurrency Loans, the Interest Period applicable thereto thereto, (v) if such Revolving Loans are Revolving-A Loans, whether such Revolving-A Loans requested are in Dollars or in a Foreign Currency and (Dvi) certification that the Borrower has complied in all respects with Section 5.2. If the Borrower shall fail to specify (x) an Interest Period in the case of a Eurodollar Loan, then such Eurodollar Loan shall be deemed to have an Interest Period of one month, or (y) the type of Revolving Loan requested, then such Revolving Loan shall be deemed to be a Base Rate Loan. All Revolving Loans made on the Initial Funding Effective Date, other than those requested pursuant to the Notice from the Borrower dated September 17, 1997 regarding Loans to be made in Foreign Currency on the Effective Date shall be Base Rate Loans unless the Borrower delivers to the Administrative Agent at least three Business Days prior to the Initial Funding Date a funding indemnity letter in form and substance reasonably satisfactory to the Administrative AgentLoans. Thereafter, all or any portion of the Revolving Loans may be converted into Eurodollar to Eurocurrency Loans in accordance with the terms of Section 2.5 and the definition of "Interest Period" set forth in Section 1.12.9.

Appears in 1 contract

Samples: Credit Agreement (Fruit of the Loom Inc /De/)

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