Common use of Method of Borrowing Clause in Contracts

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 3 contracts

Samples: Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp), Credit Agreement (Whiting Petroleum Corp)

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Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G F attached hereto, and shall specify: (iA) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiB) the aggregate amount of such Borrowing; (iiiC) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s 's aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Denbury Resources Inc), Credit Agreement (Denbury Resources Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1(other than a Swing Line Borrowing) hereunder, Borrower shall hand deliver, telex telecopy or telecopy e-mail (in accordance with Section 14.2(b)) to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on prior to 1:00 p.m. (Boston, Massachusetts time) at least one (1) Domestic Business Day before the Borrowing Date specified for of a proposed Adjusted Base Rate Borrowing, and (ii) prior to 1:00 p.m. (Boston, Massachusetts time) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached B hereto, and shall specify: (iA) whether such Borrowing is to be an Adjusted Base Rate Borrowing or a Eurodollar Borrowing; (B) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a an Adjusted Base Rate Borrowing Borrowing, or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiC) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for BorrowingBorrowing described in Section 2.2(a) above, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon 1:00 p.m. (ChicagoBoston, Illinois Massachusetts time) on the date of each Borrowing (other than any Swing Line Borrowing), each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoBoston, Illinois Massachusetts to Administrative Agent at its address set forth on Schedule 2.1 1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (GeoMet, Inc.), Credit Agreement (GeoMet, Inc.)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1(other than a Swing Line Borrowing) hereunder, Borrower shall hand deliver, telex deliver or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on prior to 1:00 p.m. (Boston, Massachusetts time) at least one (1) Domestic Business Day before the Borrowing Date specified for of a proposed Adjusted Base Rate Borrowing, and (ii) prior to 1:00 p.m. (Boston, Massachusetts time) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached B hereto, and shall specify: (iA) whether such Borrowing is to be an Adjusted Base Rate Borrowing or a Eurodollar Borrowing; (B) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a an Adjusted Base Rate Borrowing Borrowing, or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiC) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for BorrowingBorrowing described in Section 2.2(a) above, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon 1:00 p.m. (ChicagoBoston, Illinois Massachusetts time) on the date of each Borrowing (other than any Swing Line Borrowing), each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoBoston, Illinois Massachusetts to Administrative Agent at its address set forth on Schedule 2.1 1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (GeoMet, Inc.), Credit Agreement (GeoMet, Inc.)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, The Borrower shall hand deliver, telex or telecopy to give the Administrative Agent notice (a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time“Notice of Borrowing”), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing which shall be substantially in the form approved by the Administrative Agent and separately provided to the Borrower, prior to 12:00 p.m. (New York City time) on the same day for a Base Rate Borrowing, prior to 11:00 a.m. (New York City time) at least two (2) U.S. Government Securities Business Days prior to each Term SOFR Borrowing and, if applicable pursuant to this Agreement, prior to 11:00 a.m. (New York City time) at least five (5) U.S. Government Securities Business Days prior to each Daily Simple SOFR Borrowing. Each Notice of Exhibit G attached hereto, Borrowing shall be signed by any authorized officer of the Borrower and shall specify: (i) the Borrowing Date date of such the applicable Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar BorrowingDay; (ii) the aggregate principal amount of such Borrowing; (iii) whether the Loans comprising such Borrowing is are to be a Base Rate Borrowing or a Eurodollar Borrowing; andLoans, Term SOFR Loans or, if applicable pursuant to this Agreement, Daily Simple SOFR Loans; (iv) in the case of a Eurodollar Term SOFR Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; and (v) the location and number of the Borrower’s account to which funds are to be disbursed. (b) Upon receipt of a Request for Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant theretoBank’s ratable share of such Borrowing, and such Request for Notice of Borrowing shall not thereafter be revocable by the Borrower. (c) Not later than 12:00 noon 2:00 p.m. (Chicago, Illinois New York City time) on the date of each Borrowing, each Bank shall (except as provided in paragraph (d) of this Section) make available its Commitment Percentage ratable share of such Borrowing, Borrowing in Federal or other funds Dollars immediately available in ChicagoNew York, Illinois New York, to the Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless such account of the Administrative Agent determines that any applicable condition as shall be specified in Section 7.2 has not been satisfied, by it for such purpose from time to time. The Administrative Agent will make the funds so received by it from the Banks available to the Borrower, at the account of the Borrower specified in the applicable Notice of Borrowing, not later than 4:30 p.m. (New York City time) on the date of any relevant Borrowing. Unless the Administrative Agent receives notice from a Bank, prior to the date of any Borrowing, stating that such Bank will not make a Loan in connection with such Borrowing, the Administrative Agent shall, in relation to the Banks, be entitled to assume that such Bank will make a Loan in connection with such Borrowing and, in reliance on such assumption, the Administrative Agent may (but shall not be obligated to) make available such Bank’s ratable share of such Borrowing to the Borrower for the account of such Bank. If the Administrative Agent makes any such Bank’s ratable share of a Borrowing available to the Borrower, the Administrative Agent shall promptly notify (which notice may be telephonic) the Borrower of the identity of the Bank for whom such funds were advanced and the amount of such advance. The Administrative Agent shall promptly notify (which notice may be telephonic) the Borrower of the details of any notice received from any Bank stating that any such Bank does not intend to make its ratable share of funds available in connection with any relevant Borrowing. If the Administrative Agent makes such Bank’s ratable share available to the Borrower and such Bank does not in fact make its ratable share of such Borrowing available on such date and has not given notice to the Administrative Agent as provided above of such intention, the Administrative Agent shall be entitled to recover such Bank’s ratable share from such Bank or the Borrower (and for such purpose shall be entitled to charge such amount to any account of the Borrower maintained with the Administrative Agent upon prior notice to the Borrower), together with interest thereon for each day during the period from the date of such Borrowing until such sum shall be paid in full at a rate per annum equal to (i) in the case of a payment to be made by such Bank, the greater of the NYFRB Rate and a rate determined by the Administrative AgentAgent in accordance with banking industry rules on interbank compensation or (ii) in the case of a payment to be made by the Borrower, the interest rate applicable to such Borrowing; provided that any such payment by the Borrower of such Bank’s aforesaid addressratable share and interest thereon shall be without prejudice to any rights that the Borrower may have against such Bank. If the Administrative Agent does not exercise its option to advance funds for the account of such Bank, it shall forthwith notify the Borrower of such decision. (d) If any Bank makes a new Loan hereunder on a day on which the Borrower is to repay all or any part of an outstanding Loan from such Bank, such Bank shall apply the proceeds of its new Loan to make such repayment as a Refunding Loan and only an amount equal to the difference (if any) between the amount being borrowed and the amount of such Refunding Loan shall be made available by such Bank to the Administrative Agent as provided in paragraph (c) of this Section, or remitted by the Borrower to the Administrative Agent as provided in Section 2.12, as the case may be. (e) In the event that a Notice of Borrowing fails to specify whether the Loans comprising the requested Borrowing are to be Base Rate Loans or Term SOFR Loans (or, if applicable pursuant to this Agreement, Daily Simple SOFR Loans), such Loans shall be made as Base Rate Loans. In the event that a Notice of Borrowing requesting a Term SOFR Borrowing fails to specify the Interest Period with respect to such Borrowing, the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If the Borrower is otherwise entitled under this Agreement to repay any Loans maturing at the end of an Interest Period applicable thereto with the proceeds of a new Borrowing, and the Borrower fails to repay such Loans using its own moneys and fails to give a Notice of Borrowing in connection with such new Borrowing, a new Borrowing shall be deemed to be made on the date such Loans mature in an amount equal to the principal amount of the Loans so maturing, and the Loans comprising such new Borrowing shall be Base Rate Loans. (f) Notwithstanding anything to the contrary contained herein, including, without limitation, Section 2.01, there shall not be more than ten (10) Term SOFR Borrowings and/or Daily Simple SOFR Borrowings outstanding at any given time.

Appears in 2 contracts

Samples: 364 Day Revolving Credit Facility Agreement (Home Depot, Inc.), Revolving Credit Facility Agreement (Home Depot, Inc.)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the On each Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject Advance to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each BorrowingCompany, each Bank Lender shall make available its Commitment Percentage Domestic Loan in accordance with its Pro Rata Share or pro rata portion of such Borrowingthe Term Loan, as applicable, not later than noon, Local Time, in Federal or other funds immediately available to the Administrative Agent, in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless specified in or pursuant to Article XIII; provided that Swingline Loans shall be made as provided in Section 2.19. (b) On each Borrowing Date for a Multicurrency Advance to the Company, each Lender shall make available its Multicurrency Revolving Loan in accordance with its Pro Rata Share not later than noon, Local Time, at the Eurocurrency Payment Office of the Administrative Agent determines for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of such Eurocurrency Payment Office for such currency. (c) On each Borrowing Date for a Domestic Advance to a Borrowing Subsidiary, each applicable Lender shall make available its Domestic Loan in accordance with its BSub Percentage for such Borrowing Subsidiary not later than noon, Local Time, in Federal or other funds immediately available to the Administrative Agent, in Chicago, Illinois at its address specified in or pursuant to Article XIII. On each Borrowing Date for a Multicurrency Advance to a Borrowing Subsidiary, each applicable Lender shall make available its Multicurrency Revolving Loan in accordance with its BSub Percentage for such Borrowing Subsidiary not later than noon, Local Time, at the Eurocurrency Payment Office of the Administrative Agent for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of such Eurocurrency Payment Office for such currency. (d) Unless the Administrative Agent has received written notice that any applicable condition specified in Section 7.2 Article IV has not been satisfiedsatisfied with respect to a requested Advance, the Administrative Agent will make the funds so received from Banks the Lenders available to the applicable Borrower at the Administrative Agent’s aforesaid address.

Appears in 2 contracts

Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (ChicagoDallas, Illinois Texas time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G F attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (ChicagoDallas, Illinois Texas time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoDallas, Illinois Texas to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s 's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Denbury Resources Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.12.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G E attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 1.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Delta Petroleum Corp/Co)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1(other than a Swing Line Borrowing) hereunder, Borrower shall hand deliver, telex telecopy or telecopy e-mail (in accordance with Section 14.2(b)) to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on prior to 1:00 p.m. (Boston, Massachusetts time) at least one (1) Domestic Business Day before the Borrowing Date specified for of a proposed Adjusted Base Rate Borrowing, and (ii) prior to 1:00 p.m. (Boston, Massachusetts time) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached B hereto, and shall specify: (iA) whether such Borrowing is to be an Adjusted Base Rate Borrowing or a Eurodollar Borrowing; (B) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a an Adjusted Base Rate Borrowing Borrowing, or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiC) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for BorrowingBorrowing described in Section 2.2(a) above, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon 1:00 p.m. (ChicagoBoston, Illinois Massachusetts time) on the date of each Borrowing (other than any Swing Line Borrowing), each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoXxxxxx, Illinois Xxxxxxxxxxxxx to Administrative Agent at its address set forth on Schedule 2.1 1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (GeoMet, Inc.)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, The Borrower shall hand deliver, telex or telecopy to give the Administrative Agent notice (a duly completed Request for Borrowing "Notice of Borrowing") not later than 10:30 A.M. (herein so called) prior to 11:00 a.m. (Chicago, Illinois New York City time), (i) on (x) the Borrowing Date specified for a proposed date of each Base Rate Borrowing and (y) the third Euro-Dollar Business Day before each Euro-Dollar Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached hereto, and shall specifyspecifying: (i) the Borrowing Date date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Euro-Dollar Business Day in the case of a Eurodollar Euro-Dollar Borrowing; ; (ii) the aggregate amount of such Borrowing; ; (iii) whether the Loans comprising such Borrowing is are to be a bear interest initially at the Base Rate Borrowing or a Eurodollar BorrowingEuro-Dollar Rate; and and (iv) in the case of a Eurodollar Euro-Dollar Borrowing, the duration of the initial Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt Promptly after receiving a Notice of a Request for Borrowing, the Administrative Agent shall promptly notify each Bank Lender of the contents thereof and the amount of the such Lender's ratable share of such Borrowing to be loaned by such Bank pursuant thereto, and such Request for Notice of Borrowing shall not thereafter be revocable by the Borrower. (c) Not later than 12:00 noon Noon (Chicago, Illinois New York City time) on the date of each Borrowing, each Bank Lender shall make available its Commitment Percentage ratable share of such Borrowing, in Federal or other funds immediately available in ChicagoNew York City, Illinois to the Administrative Agent at its address set forth on Schedule 2.1 heretospecified in or pursuant to Section 9.01. Unless the Administrative Agent determines that any applicable condition specified in Section 7.2 Article 3 has not been satisfied, the Administrative Agent will make the funds so received from Banks the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. (d) Unless the Administrative Agent shall have received notice from a Lender before the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with Section 2.02(c) and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent, at (i) if such amount is repaid by the Borrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable to such Borrowing pursuant to Section 2.04 and (ii) if such amount is repaid by such Lender, the Federal Funds Rate. If such Lender shall repay to the Administrative Agent such corresponding amount, the Borrower shall not be required to repay such amount and the amount so repaid by such Lender shall constitute such Lender's Loan included in such Borrowing for purposes of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Marsh & McLennan Companies Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.12.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing (which, in respect of the initial Borrowing, may be given at least three (3) Eurodollar Business Days prior to the Closing Date). Each such Request for Borrowing shall be substantially in the form of Exhibit G F attached hereto, and shall specify: (iA) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiB) the aggregate amount of such Borrowing; (iiiC) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 1.1-A hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s 's aforesaid address. (d) Unless Borrower or a Bank, as the case may be, notifies Administrative Agent prior to the date on which it is scheduled to make payment to Administrative Agent of (i) in the case of a Bank, the proceeds of a Revolving Loan or (ii) in the case of Borrower, a payment of principal, interest or fees to Administrative Agent for the account of Banks, that it does not intend to make such payment, Administrative Agent may assume that such payment has been made. Administrative Agent may, but shall not be obligated to, make the amount of such payment available to the intended recipient in reliance upon such assumption. If such Bank or Borrower, as the case may be, has not in fact made such payment to Administrative Agent, the recipient of such payment shall, on demand by Administrative Agent, repay to Administrative Agent the amount so made available together with interest thereon in respect of each day during the period commencing on the date such amount was so made available by Administrative Agent until the date Administrative Agent recovers such amount at a rate per annum equal to (x) in the case of payment by a Bank, the Federal Funds Rate for such day for the first three (3) days and, thereafter, the interest rate applicable to the relevant Revolving Loan or (y) in the case of payment by Borrower, the interest rate applicable to the relevant Revolving Loan.

Appears in 1 contract

Samples: Credit Agreement (Quest Resource Corp)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.12.1, Borrower shall hand deliver, telex deliver or telecopy facsimile to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (ix) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (iiy) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G F attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.3 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Par Petroleum Corp/Co)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1hereunder, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so calledi) prior to 11:00 10:00 a.m. (Chicago, Illinois Central time), ) at least one (i1) on Business Day before the Borrowing Date specified for of a proposed Adjusted Base Rate Borrowing, and (ii) prior to 10:00 a.m. (Central time) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached B hereto, and shall specify: (iA) whether such Borrowing is to be an Adjusted Base Rate Borrowing or a Eurodollar Borrowing; (B) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a an Adjusted Base Rate Borrowing Borrowing, or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiC) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; (E) the Outstanding Revolving Credit exposure on the date thereof; and (F) the pro forma Outstanding Revolving Credit exposure (giving effect to the requested Borrowing). (b) Upon receipt of a Request for BorrowingBorrowing described in Section 2.2(a), Administrative Agent shall promptly notify each Bank (as applicable) of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois Central time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoBoston, Illinois Massachusetts to Administrative Agent at its address set forth on Schedule 2.1 1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Laredo Petroleum, Inc.)

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Method of Borrowing. (a) In order to request any Borrowing under Section 3.12.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (ChicagoDallas, Illinois Texas time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G E attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (ChicagoDallas, Illinois Texas time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoDallas, Illinois Texas to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s 's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Alliant Energy Corp)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.12.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G E attached hereto, and shall specify: (i) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s 's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Delta Petroleum Corp/Co)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1hereunder, Borrower shall hand deliver, telex telex, or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. 12:00 noon (ChicagoHouston, Illinois Texas time), (i) on at least one (1) Domestic Business Day before the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached heretoC, and shall specify: (i) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; (ii) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing Borrowing, or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiiii) the aggregate amount of such Borrowing; (iii) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (ChicagoHouston, Illinois Texas time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in ChicagoHouston, Illinois Texas, to Administrative Agent at its address set forth on Schedule 2.1 hereto1. Notwithstanding the foregoing, if Borrower delivers to Administrative Agent a Request for Borrowing prior to 10:00 a.m. (Houston, Texas time) on a Domestic Business Day requesting a Base Rate Borrowing on such day, each Bank shall use its best efforts to make available to Administrative Agent its Commitment Percentage of such Borrowing by 1:00 p.m. (Houston, Texas time) on the same day. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 6.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s 's aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Castle Energy Corp)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, Borrower shall hand deliver, telex or telecopy to Administrative Agent a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G F attached hereto, and shall specify: (iA) the Borrowing Date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing; (iiB) the aggregate amount of such Borrowing; (iiiC) whether such Borrowing is to be a Base Rate Borrowing or a Eurodollar Borrowing; and (ivD) in the case of a Eurodollar Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Borrowing, Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant thereto, and such Request for Borrowing shall not thereafter be revocable by Borrower. (c) Not later than 12:00 noon (Chicago, Illinois time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage of such Borrowing, in Federal or other funds immediately available in Chicago, Illinois to Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 has not been satisfied, Administrative Agent will make the funds so received from Banks available to Borrower at Administrative Agent’s aforesaid address.

Appears in 1 contract

Samples: Credit Agreement (Denbury Resources Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, The Borrower shall hand deliver, telex or telecopy to give the Administrative Agent notice (a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time“Notice of Borrowing”), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing which shall be substantially in the form approved by the Administrative Agent and separately provided to the Borrower, prior to 12:00 p.m. (New York City time) on the same day for a Base Rate Borrowing, prior to 11:00 a.m. (New York City time) at least two (2) U.S. Government Securities Business Days prior to each Term SOFR Borrowing and, if applicable pursuant to this Agreement, prior to 11:00 a.m. (New York City time) at least five (5) U.S. Government Securities Business Days prior to each Daily Simple SOFR Borrowing. Each Notice of Exhibit G attached hereto, Borrowing shall be signed by any authorized officer of the Borrower and shall specify: (i) the Borrowing Date date of such the applicable Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar BorrowingDay; (ii) the aggregate principal amount of such Borrowing; (iii) whether the Loans comprising such Borrowing is are to be a Base Rate Borrowing or a Eurodollar Borrowing; andLoans, Term SOFR Loans or, if applicable pursuant to this Agreement, Daily Simple SOFR Loans; (iv) in the case of a Eurodollar Term SOFR Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period; and (v) the location and number of the Borrower’s account to which funds are to be disbursed. (b) Upon receipt of a Request for Notice of Borrowing, the Administrative Agent shall promptly notify each Bank of the contents thereof and the amount of the Borrowing to be loaned by such Bank pursuant theretoBank’s ratable share of such Borrowing, and such Request for Notice of Borrowing shall not thereafter be revocable by the Borrower. (c) Not later than 12:00 noon 2:00 p.m. (Chicago, Illinois New York City time) on the date of each Borrowing, each Bank shall (except as provided in paragraph (d) of this Section) make available its Commitment Percentage ratable share of such Borrowing, Borrowing in Federal or other funds Dollars immediately available in ChicagoNew York, Illinois New York, to the Administrative Agent at its address set forth on Schedule 2.1 hereto. Unless such account of the Administrative Agent determines that any applicable condition as shall be specified in Section 7.2 has not been satisfied, by it for such purpose from time to time. The Administrative Agent will make the funds so received by it from the Banks available to the Borrower, at the account of the Borrower at specified in the applicable Notice of Borrowing, not later than 4:30 p.m. (New York City time) on the date of any relevant Borrowing. Unless the Administrative AgentAgent receives notice from a Bank, prior to the date of any Borrowing, stating that such Bank will not make a Loan in connection with such Borrowing, the Administrative Agent shall, in relation to the Banks, be entitled to assume that such Bank will make a Loan in connection with such Borrowing and, in reliance on such assumption, the Administrative Agent may (but shall not be obligated to) make available such Bank’s aforesaid address.ratable share of such Borrowing to the Borrower for the account of such Bank. If the Administrative Agent makes any such Bank’s ratable share of a Borrowing available to the Borrower, the Administrative Agent shall promptly notify (which notice may be telephonic) the Borrower of the identity of the Bank for whom such funds were advanced and the amount of such advance. The Administrative Agent shall promptly notify (which notice may be telephonic) the Borrower of the details of any notice received from any Bank stating that any such Bank does not intend to make its ratable share of funds available in connection with any relevant

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Home Depot, Inc.)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, The Borrower shall hand deliver, telex or telecopy to Administrative give the Agent notice (a duly completed Request for Borrowing (herein so called) prior to 11:00 a.m. (Chicago, Illinois time"Notice of Borrowing"), (i) on the Borrowing Date specified for a proposed Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing which shall be substantially in the form of Exhibit G attached heretoD-1, prior to 12:00 P.M. (Noon) on the same day for a Base Rate Borrowing, prior to 12:00 P.M. (Noon) at least two (2) Business Days prior to each Euro_Dollar Borrowing, and shall specifyprior to 10:30 A.M. at least three (3) Business Days prior to each Offshore Borrowing, specifying: (i) the Borrowing Date date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing or a Eurodollar Business Day in the case of a Eurodollar Borrowing;Day, (ii) the Dollar Equivalent Amount of the aggregate principal amount of such Borrowing;, (iii) whether the Syndicated Loans comprising such Borrowing is are to be a Base Rate Borrowing Loans, Euro_Dollar Loans or a Eurodollar Borrowing; andOffshore Loans, (iv) in the case of a Eurodollar Euro_Dollar Borrowing or an Offshore Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period, and (v) in the case of an Offshore Borrowing, the Offshore Currency of such Borrowing. (b) Upon receipt of a Request for Notice of Borrowing, Administrative the Agent shall promptly notify each Bank of the contents thereof and the amount of the such Bank's ratable share of such Borrowing to be loaned by such Bank pursuant thereto, and such Request for Notice of Borrowing shall not thereafter be revocable by the Borrower. (c) At approximately 11:00 A.M. two (2) Business Days preceding the date specified for each Offshore Loan, the Agent shall determine the Advance Date Exchange Rate and the applicable Adjusted Offshore Interbank Offered Rate. Not later than 12:00 noon 11:45 A.M. two (Chicago2) Business Days preceding the date specified for each Offshore Loan, Illinois timethe Agent shall provide the Borrower and each Bank notice by telefacsimile transmission of the Advance Date Exchange Rate applicable to such Offshore Loan, and the applicable Alternate Currency Equivalent Amount and Dollar Equivalent Amount of such Offshore Loan and the applicable Adjusted Offshore Interbank Offered Rate. (d) Not later than 2:00 P.M. on the date of each Syndicated Borrowing, each Bank shall (except as provided in paragraph (d) of this Section) make available its Commitment Percentage ratable share of such Syndicated Borrowing, in Federal Dollars or other funds the Dollar Equivalent Amount (as of two (2) Business Days prior to the date of such Loan) of the applicable Offshore Currency immediately available in ChicagoCharlotte, Illinois North Carolina, to Administrative the Agent at its address set forth on Schedule 2.1 heretoreferred to in Section 9.01. Unless Administrative Agent determines that any applicable condition specified in Section 7.2 Article III has not been satisfiedsatisfied or waived, Administrative the Agent will make the funds so received from the Banks available to the Borrower at Administrative the Agent’s 's aforesaid addressaddress not later than 4:30 P.M. on the date of any relevant Syndicated Borrowing. Unless the Agent receives notice from a Bank, at the Agent's address referred to in or specified pursuant to Section 9.01, (i) in the case of a Base Rate Borrowing, no later than 1:30 P.M. on the same day as such Base Rate Borrowing and (ii) in the case of any other type of Syndicated Borrowing, no later than 4:00 P.M. on the Business Day before the date of a Syndicated Borrowing, stating that such Bank will not make a Loan in connection with such Syndicated Borrowing, the Agent shall, in relation to the Banks, be entitled to assume that such Bank will make a Loan in connection with such Syndicated Borrowing and, in reliance on such assumption, the Agent may (but shall not be obligated to) make available such Bank's ratable share of such Syndicated Borrowing to the Borrower for the account of such Bank. If the Agent makes any such Bank's ratable share of a Borrowing available to the Borrower, the Agent shall promptly notify (which notice may be telephonic) the Borrower of the identity of the Bank for whom such funds were advanced and the amount of such advance. The Agent shall promptly notify (which notice may be telephonic) the Borrower of the details of any notice received from any Bank stating that any such Bank does not intend to make its ratable share of funds available in connection with any relevant Borrowing. If the Agent makes such Bank's ratable share available to the Borrower and such Bank does not in fact make its ratable share of such Syndicated Borrowing available on such date, the Agent shall be entitled to recover such Bank's ratable share from such Bank or the Borrower (and for such purpose shall be entitled to charge such amount to any account of the Borrower maintained with the Agent upon prior notice to the Borrower), together with interest thereon for each day during the period from the date of such Syndicated Borrowing until such sum shall be paid in full at a rate per annum equal to the rate at which the Agent reasonably and in good faith determines that it obtained (or could have obtained) overnight federal funds to cover such amount for each such day during such period, provided that any such payment by the Borrower of such Bank's ratable share and interest thereon shall be without prejudice to any rights that the Borrower may have against such Bank. If the Agent does not exercise its option to advance funds for the account of such Bank, it shall forthwith notify the Borrower of such decision. (e) If any Bank makes a new Syndicated Loan hereunder (or if the Swing Line Lender makes a Swing Line Loan under Section 2.14) on a day on which the Borrower is to repay all or any part of an outstanding Syndicated Loan from such Bank, such Bank shall apply the proceeds of its new Syndicated Loan (or, in the case of the Swing Line Lender, Swing Line Loan) to make such repayment as a Refunding Loan and only an amount equal to the difference (if any) between the amount being borrowed and the amount of such Refunding Loan shall be made available by such Bank to the Agent as provided in paragraph (d) of this Section (or, in the case of a Swing Line Loan, by the Swing Line Lender pursuant to Section 2.14), or remitted by the Borrower to the Agent as provided in Section 2.12, as the case may be. (f) Notwithstanding anything to the contrary contained in this Agreement, including, without limitation Section 2.01 and Section 2.03, no Borrowing may be made if there shall have occurred a Default or an Event of Default, which Default or Event of Default shall not have been cured or waived. (g) In the event that a Notice of Borrowing fails to specify whether the Syndicated Loans comprising such Syndicated Borrowing are to be Base Rate Loans, Euro_Dollar Loans or Offshore Loans, such Syndicated Loans shall be made as Base Rate Loans in Dollars. If the Borrower is otherwise entitled under this Agreement to repay any Syndicated Loans maturing at the end of an Interest Period applicable thereto with the proceeds of a new Syndicated Borrowing, and the Borrower fails to repay such Syndicated Loans using its own moneys and fails to give a Notice of Borrowing in connection with such new Syndicated Borrowing, a new Syndicated Borrowing shall be deemed to be made on the date such Syndicated Loans mature in an amount equal to the Dollar Equivalent Amount of the principal amount of the Syndicated Loans so maturing and in the same currencies as the Syndicated Loans so maturing, and the Syndicated Loans comprising such new Syndicated Borrowing shall be Base Rate Loans. (h) Notwithstanding anything to the contrary contained herein, including, without limitation Section 2.01 and Section 2.03, there shall not be more than ten (10) Euro_Dollar Loans, Offshore Loans and/or Money Market Loans outstanding at any given time.

Appears in 1 contract

Samples: Credit Agreement (Home Depot Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, The Borrower shall hand deliver, telex or telecopy to Administrative give the Agent notice (a duly completed Request for Borrowing "Notice of Borrowing") not later than 10:00 A.M. (herein so calledNew York City time) prior to 11:00 a.m. (Chicago, Illinois time)at least two Domestic Business Days before each CD Borrowing, (iy) at least three Euro-Dollar Business Days before each Euro-Dollar Borrowing and (z) on the Borrowing Date specified for a proposed day of each Base Rate Borrowing, and (ii) at least three (3) Eurodollar Business Days before the Borrowing Date of a proposed Eurodollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached hereto, and shall specify: specifying: (i) the Borrowing Date date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Domestic Borrowing or a Eurodollar Euro-Dollar Business Day in the case of a Eurodollar Euro-Dollar Borrowing; , (ii) the aggregate amount of such Borrowing; , (iii) whether the Loans comprising such Borrowing is are to be bear interest initially at the Base Rate, a Base CD Rate Borrowing or a Eurodollar Borrowing; and Euro-Dollar Rate, and (iv) in the case of a Eurodollar Fixed Rate Borrowing, the duration of the initial Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Notice of Borrowing, Administrative the Agent shall promptly notify each Bank of the contents thereof and the amount of the such Bank's ratable share of such Borrowing to be loaned by and, except as provided in Section 8.01, such Bank pursuant thereto, and such Request for Notice of Borrowing shall not thereafter be revocable by the Borrower. Notwithstanding the foregoing, no more than eight Fixed Rate Borrowings shall be outstanding at any one time, and any Borrowing that would exceed such limitation shall be made as a Base Rate Borrowing. (c) Not later than 12:00 noon 1:00 P.M. (Chicago, Illinois New York City time) on the date of each Borrowing, each Bank shall make available its Commitment Percentage share of such Borrowing, in Federal or other funds immediately available in ChicagoNew York City, Illinois to Administrative the Agent at its address set forth on Schedule 2.1 heretoreferred to in Section 10.01. Unless Administrative the Agent determines that any applicable condition specified in Section 7.2 Article III has not been satisfied, Administrative the Agent will make the funds so received from the Banks available to the Borrower at Administrative the Agent’s 's aforesaid address. (d) Unless the Agent shall have received notice from a Bank prior to the date of any Borrowing that such Bank will not make available to the Agent such Bank's share of such Borrowing, the Agent may assume that such Bank has made such share available to the Agent on the date of such Borrowing in accordance with subsection (c) of this Section 2.02 and the Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Bank shall not have so made such share available to the Agent, such Bank and the Borrower severally agree to repay to the Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent, at (i) in the case of the Borrower, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.05 and (ii) in the case of such Bank, the Federal Funds Rate. If such Bank shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for purposes of this Agreement. Nothing in this subsection (d) shall relieve any Bank of responsibility for any default in performance of its obligations hereunder, which may include responsibility to reimburse the Borrower for incremental interest costs incurred by it as a consequence of such default.

Appears in 1 contract

Samples: Credit Agreement (Blount International Inc)

Method of Borrowing. (a) In order to request any Borrowing under Section 3.1, Borrower The Company shall hand deliver, telex or telecopy to give the Administrative Agent notice (a duly completed Request for Borrowing "Notice of Borrowing") not later than 11:00 A.M. (herein so called) prior to 11:00 a.m. (Chicago, Illinois time), (iEastern Time) on (x) the Borrowing Date specified for a proposed date of each Base Rate Borrowing, (y) the second Domestic Business Day before each CD Borrowing and (iiz) at least three (3) Eurodollar the third Euro-Dollar Business Days Day before the Borrowing Date of a proposed Eurodollar each Euro-Dollar Borrowing. Each such Request for Borrowing shall be substantially in the form of Exhibit G attached hereto, and shall specifyspecifying: (i) the Borrowing Date date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Domestic Borrowing or a Eurodollar Euro-Dollar Business Day in the case of a Eurodollar Euro-Dollar Borrowing; (ii) the aggregate amount of such Borrowing; (iii) whether the Loans comprising such Borrowing is are to be bear interest initially at the Base Rate, a Base CD Rate Borrowing or a Eurodollar BorrowingEuro-Dollar Rate; and (iv) in the case of a Eurodollar Fixed Rate Borrowing, the duration of the initial Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. (b) Upon receipt of a Request for Notice of Borrowing, the Administrative Agent shall promptly notify each Bank Lender of the contents thereof and the amount of the such Lender's ratable share of such Borrowing to be loaned by such Bank pursuant thereto, and such Request for Notice of Borrowing shall not thereafter be revocable by Borrowerthe Company. In the case of a Base Rate Borrowing, the Administrative Agent shall give such notice to each Lender as promptly as practicable and in any event not later than 12:30 P.M. (Eastern Time) on the date of such Base Rate Borrowing. (c) Not later than 12:00 noon 2:00 P.M. (Chicago, Illinois timeEastern Time) on the date of each Borrowing, each Bank Lender shall make available its Commitment Percentage ratable share of such Borrowing, in Federal or other funds immediately available in ChicagoNew York City, Illinois to the Administrative Agent at its address set forth on Schedule 2.1 heretoreferred to in Section 9. 1. Unless the Administrative Agent determines that any applicable condition specified in Section 7.2 Article 3 has not been satisfied, the Administrative Agent will make the funds so received from Banks the Lenders available to Borrower the Company at the Administrative Agent’s 's aforesaid address. (d) Unless the Administrative Agent shall have received notice from a Lender prior to the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender's share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Borrowing in accordance with subsection (c) of this Section and the Administrative Agent may, in reliance upon such assumption, make available to the Company on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Company severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Company until the date such amount is repaid to the Administrative Agent, at (i) in the case of the Company, a rate per annum equal to the higher of the Federal Funds Rate and the interest rate applicable thereto pursuant to Section 2.5 and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender's Loan included in such Borrowing for purposes of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (United States Surgical Corp)

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