Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Advance, the Interest Period, applicable to any Ratable Advance, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “Borrowing Notice”) not later than, (x) 1:00 p.m. (New York time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentence) on the Borrowing Date of each ABR Advance and (y) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence) at least two Business Days prior to the Borrowing Date of each Eurodollar Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Borrowing Notice for an ABR Advance that is a Revolving Credit Advance shall be extended by 15 minutes if the day on which such Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Borrowing Notice for a Eurodollar Ratable Advance shall be extended by 15 minutes if the day on which such Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Borrowing Notice shall specify: (i) the Borrowing Date, which shall be a Business Day, of such Ratable Advance; (ii) the aggregate amount of such Ratable Advance; (iii) the Rate Option selected for such Ratable Advance; (iv) in the case of each Eurodollar Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and (v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 3 contracts
Samples: Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/), Credit Agreement (Horton D R Inc /De/)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select select, with respect to each Facility, the Rate Option and, in the case of each Eurodollar Fixed Rate Advance, the Interest Period, Period applicable to any Ratable Advancethereto, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “Ratable Borrowing Notice”) not later than, (x) 1:00 p.m. (New York time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentence) on the Borrowing Date of each ABR Advance and (y) than 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence), (x) on the Borrowing Date of each Floating Rate Advance, (y) at least two one Business Day prior to the Borrowing Date of each Fixed CD Rate Advance and (z) at least three Business Days prior to the Borrowing Date of each Eurodollar Ratable Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Ratable Borrowing Notice for an ABR a Floating Rate Advance that is a under the Revolving Credit Advance Facility shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance under the Revolving Credit Facility shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Ratable AdvanceAdvance and the Facility under which such Ratable Advance is requested;
(ii) the aggregate amount of such Ratable Advance;
(iii) the Rate Option selected for such Ratable Advance;; and
(iv) in the case of each Eurodollar Fixed Ratable Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 2 contracts
Samples: Credit Agreement (Toll Brothers Inc), Credit Agreement (Toll Brothers Inc)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Fixed Rate Advance, the Interest Period, Period applicable to any Ratable Advancethereto, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “"Ratable Borrowing Notice”') not later than, than 10:00 a.m. (x) 1:00 p.m. (New York Chicago time) (or 1:15 p.m. 10:15 a.m. (New York Chicago time) if applicable under the next succeeding sentence), (x) on the Borrowing Date of each ABR Floating Rate Advance, (y) at least one Business Day prior to the Borrowing Date of each Fixed CD Rate Advance and (y) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentencez) at least two three Business Days prior to the Borrowing Date of each Eurodollar Ratable Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Ratable Borrowing Notice for an ABR Advance that is a Revolving Credit Floating Rate Advance shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
: (i) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
; (ii) the aggregate amount of such Ratable Advance;
; (iii) the Rate Option selected for such Ratable Advance;
; and (iv) in the case of each Eurodollar Fixed Ratable Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 1 contract
Samples: Credit Agreement (Toll Brothers Inc)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Term SOFR Advance, the Interest Period, applicable to any Ratable Advance, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “Borrowing Notice”) not later than, (x) 1:00 p.m. (New York time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentence) on the Borrowing Date of each ABR Advance and Advance, (y) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence) at least two U.S. Government Securities Business Days prior to the Borrowing Date of each Eurodollar Term SOFR Advance or (z) not later than 11:00 a.m. (New York time), one U.S. Government Securities Business Day prior to the Borrowing Date of each Daily Simple SOFR Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Borrowing Notice for an ABR Advance that is a Revolving Credit Advance shall be extended by 15 minutes if the day on which such Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Borrowing Notice for a Eurodollar Term SOFR Ratable Advance or Daily Simple SOFR Ratable Advance, as applicable, shall be extended by 15 minutes if the day on which such Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction Term SOFR Auction, pursuant to Section 2.3.6. A Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
(ii) the aggregate amount of such Ratable Advance;
(iii) the Rate Option selected for such Ratable Advance;
(iv) in the case of each Eurodollar Term SOFR Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 1 contract
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Advanceif applicable, the Interest Period, Period applicable to any each Ratable Advance, Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of attached hereto as Exhibit F hereto (a “Ratable Borrowing Notice”) not later than, than 8:00 a.m. (x) 1:00 p.m. (New York San Francisco time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentencea) on the Business Day of the Borrowing Date of each ABR Advance Floating Rate Advance, and (yb) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence) at least two three Business Days prior to before the Borrowing Date of for each Eurodollar Ratable Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of Notwithstanding the foregoing, a Ratable Borrowing Notice for an ABR a Floating Rate Advance that is a Revolving Credit Advance shall may be extended by given not later than 15 minutes if after the day on which such Borrowing Notice is given is also a day on time which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, 2.3.6 and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance shall may be extended by given not later than 15 minutes if after the day on which such Borrowing Notice is given is also a day on which time the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
(ia) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
(iib) the aggregate amount of such Ratable Advance;
(iiic) the Rate Option selected for such Ratable Advance;; and
(ivd) in the case of each Eurodollar Fixed Rate Advance, the Interest Period applicable thereto (which may not end after the Termination Date). If the Borrower fails to specify an Interest Period in a Ratable Borrowing Notice, then the Borrower shall be subject deemed to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requestedhave specified an Interest Period of one month.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Advance, the and Interest Period, Period applicable to any each Ratable Advance, Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of attached hereto as Exhibit F hereto G (a “"Ratable Borrowing Notice”") not later than, than 8:00 a.m. (x) 1:00 p.m. San Francisco time)
(New York time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentencea) on the Business Day preceding the Borrowing Date of each ABR Advance and Floating Rate Advance, (yb) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence) at least two three Business Days prior to before the Borrowing Date of for each Eurodollar Ratable Advance, and (c) four Business Days before the Borrowing Date for each Eurocurrency Advance. The Administrative Agent Notwithstanding anything herein to the contrary, Eurocurrency Advances shall give prompt notice be available only if the Eurocurrency requested is freely available to all of each Borrowing Notice to each applicable Lenderthe Banks on the date the Company requests such Eurocurrency Advance. The time for delivery of Notwithstanding the foregoing, a Ratable Borrowing Notice for an ABR a Floating Rate Advance that is a Revolving Credit Advance shall may be extended by given not later than 15 minutes if after the day on which such Borrowing Notice is given is also a day on time which the Borrower Company is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, 2.3.6 and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance shall may be extended by given not later than 15 minutes if after the day on which such Borrowing Notice is given is also a day on which time the Borrower Company is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
: (i) the applicable Borrower; (ii) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
; (iiiii) the aggregate amount of such Ratable Advance;
; (iiiiv) the Rate Option selected for such Ratable Advance;
; (ivv) In the case of each Eurocurrency Advance, the Eurocurrency requested; and (vi) in the case of each Eurodollar Fixed Rate Advance, the Interest Period applicable thereto (which shall be subject to may not end after the limitations set forth in Section 2.2.6Revolving Credit Termination Date); and
(v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Fixed Rate Advance, the Interest Period, Period applicable to any Ratable Advancethereto, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “"Ratable Borrowing Notice”') not later than, than 10:00 a.m. (x) 1:00 p.m. (New York Chicago time) (or 1:15 p.m. 10:15 a.m. (New York Chicago time) if applicable under the next succeeding sentence), (x) on the Borrowing Date of each ABR Floating Rate Advance, (y) at least one Business Day prior to the Borrowing Date of each Fixed CD Rate Advance and (y) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentencez) at least two three Business Days prior to the Borrowing Date of each Eurodollar Ratable Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Ratable Borrowing Notice for an ABR Advance that is a Revolving Credit Advance shall Floating Rate Advanceshall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
(ii) the aggregate amount of such Ratable Advance;
(iii) the Rate Option selected for such Ratable Advance;; and
(iv) in the case of each Eurodollar Fixed Ratable Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 1 contract
Samples: Credit Agreement (Toll Brothers Inc)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Advanceif applicable, the Interest Period, Period applicable to any each Ratable Advance, Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance appropriately completed and signed by a Responsible Officer, which shall be substantially in substantially the form of attached hereto as Exhibit F hereto (a “Ratable Borrowing Notice”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than, than 8:00 a.m. (x) 1:00 p.m. (New York San Francisco time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentencea) on the Business Day of the Borrowing Date of each ABR Advance Floating Rate Advance, and (yb) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence) at least two three Business Days prior to before the Borrowing Date of for each Eurodollar Ratable Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of Notwithstanding the foregoing, a Ratable Borrowing Notice for an ABR a Floating Rate Advance that is a Revolving Credit Advance shall may be extended by given not later than 15 minutes if after the day on which such Borrowing Notice is given is also a day on time which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, 2.3.6 and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance shall may be extended by given not later than 15 minutes if after the day on which such Borrowing Notice is given is also a day on which time the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
(ia) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
(iib) the aggregate amount of such Ratable Advance;
(iiic) the Rate Option selected for such Ratable Advance;; and
(ivd) in the case of each Eurodollar Fixed Rate Advance, the Interest Period applicable thereto (which may not end after the Termination Date). If the Borrower fails to specify an Interest Period in a Ratable Borrowing Notice, then the Borrower shall be subject deemed to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requestedhave specified an Interest Period of one month.
Appears in 1 contract
Samples: Credit Agreement (Nike Inc)
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Advance, the Interest Period, applicable to any Ratable Advance, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “Borrowing Notice”) not later than, (x) 1:00 p.m. (New York time) (or 1:15 p.m. (New York time) if applicable under the next succeeding sentence) on the Borrowing Date of each ABR Advance and (y) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentence) at least two Business Days prior to the Borrowing Date of each Eurodollar Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Borrowing Notice for an ABR Advance that is a Revolving Credit Advance shall be extended by 15 minutes if the day on which such Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Borrowing Notice for a Eurodollar Ratable Advance shall be extended by 15 minutes if the day on which such Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
(ii) the aggregate amount of such Ratable Advance;
(iii) the Rate Option selected for such Ratable Advance;
(iv) in the case of each Eurodollar Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and
(v) the Series and Revolving Credit Facility under which such Ratable Advance is being requested.
Appears in 1 contract
Method of Selecting Rate Options and Interest Periods for Ratable Advances. The Borrower shall select the Rate Option and, in the case of each Eurodollar Fixed Rate Advance, the Interest Period, Period applicable to any Ratable Advancethereto, from time to time. The Borrower shall give the Administrative Agent irrevocable notice of any Ratable Advance in substantially the form of Exhibit F hereto (a “"Ratable Borrowing Notice”') not later than, than 10:00 a.m. (x) 1:00 p.m. (New York Chicago time) (or 1:15 p.m. 10:15 a.m. (New York Chicago time) if applicable under the next succeeding sentence), (x) on the Borrowing Date of each ABR Floating Rate Advance, (y) at least one Business Day prior to the Borrowing Date of each Fixed CD Rate Advance and (y) 11:00 a.m. (New York time) (or 11:15 a.m. (New York time) if applicable under the next succeeding sentencez) at least two three Business Days prior to the Borrowing Date of each Eurodollar Ratable Advance. The Administrative Agent shall give prompt notice of each Borrowing Notice to each applicable Lender. The time for delivery of a Ratable Borrowing Notice for an ABR Advance that is a Revolving Credit Floating Rate Advance shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with an Absolute Rate Auction pursuant to Section 2.3.6, and the time for delivery of a Ratable Borrowing Notice for a Eurodollar Ratable Advance shall be extended by 15 minutes if the day on which such Ratable Borrowing Notice is given is also a day on which the Borrower is required to accept or reject one or more bids offered in connection with a Eurodollar Auction pursuant to Section 2.3.6. A Ratable Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Ratable Advance;
(ii) the aggregate amount of such Ratable Advance;
(iii) the Rate Option selected for such Ratable Advance;; and
(iv) in the case of each Eurodollar Fixed Ratable Advance, the Interest Period applicable thereto (which shall be subject to the limitations set forth in Section 2.2.6); and
(v) the Series and Credit Facility under which such Ratable Advance is being requested.
Appears in 1 contract
Samples: Credit Agreement (Toll Brothers Inc)