Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:: (i) the Borrowing Date, which shall be a Business Day, of such Advance, (ii) the aggregate amount of such Advance, (iii) the Type of Advance selected, and (iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland 9:00 a.m. Chicago time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Chicago time, at least one (1) Business Day before the Borrowing Date for each Fixed CD Rate Advance, (iii) not later than 10:00 a.m. Chicago time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iiiiv) not later than noon Cleveland 2:00 p.m. Chicago time on the same Business Day as the Borrowing Date for each Swingline Advance of:Loan, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (which must be a Floating Rate Advance in the case of the Swingline Loans), and
(iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article ARTICLE XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Chicago time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland Chicago time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Chicago time) in the case of all other AdvancesAdvances (other than Swingline Loans), and 4:00 p.m. (Chicago time) for all Swingline Loans. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six five (65) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall from time to time select the Class and Type of Advance and, in the case of each LIBOR Rate Eurodollar Advance, the Interest Period applicable to each Advance from time to timethereto. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the noon (Columbus, Ohio time) at least one (1) Business Day immediately preceding before the date on which Borrower desires that such Advance be made (the “Borrowing Date Date”) of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least Advance and three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:Eurodollar Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Class and Type of Advance selected, and
(iv) in the case of each LIBOR Rate Eurodollar Advance, the LIBOR Interest Period applicable thereto. Each If no election as to Type of Advance is specified in the Borrowing Notice, the requested Advance shall be a Floating Rate Advance. If no Interest Period is specified with respect to the requested Eurodollar Advance, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Not later than noon (Columbus, Ohio time) one (1) Business Day after the notice provided by Administrative Agent pursuant to Section 2.16, each Lender shall make available its Floating Rate Loan or Floating Rate Loans, and, not later than noon (Columbus, Ohio time) two (2) Business Days after the notice provided by Administrative Agent pursuant to Section 2.16, each Lender shall make available its Eurodollar Rate Loan or Eurodollar Rate Loans, in funds each case by wire transfer of immediately available in Cleveland funds to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time)Section 12.14, provided that Swingline Loans shall be made as provided in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesSection 2.9. The Administrative Agent will make the funds so received from the Lenders available to the Borrower by 3:00 p.m. (Columbus, Ohio time) on the Borrowing Date at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Airnet Systems Inc), Credit Agreement (Airnet Systems Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (and in the absence of any selection it shall be assumed that the Borrower has selected a LIBOR Rate Advance), and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable theretothereto (and in the absence of any selection it shall be assumed that the Borrower has selected a Interest Period of one month). Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the Borrowing Notice. No Interest Period may end after the Facility Termination Date Date, and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Inland Real Estate Income Trust, Inc.), Credit Agreement (Inland American Real Estate Trust, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as of Exhibit F hereto (i) D not later than 1:00 p.m. Cleveland time on the (a) noon, Chicago time, one (1) Business Day immediately preceding before the Borrowing Date of each Floating Rate Advance (except a Swing Line Advance), (iib) not later than noon Cleveland noon, Chicago time, at least three (3) Business Days before the Borrowing Date for of each LIBOR Rate Advance Advance, and (iiic) not later than noon Cleveland time 2:00 p.m., Chicago time, on the same Business Day as the Borrowing Date for of each Swingline Advance of:Swing Line Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) whether the Advance is a Swing Line Advance,
(iii) the aggregate amount of such Advance,
(iiiiv) except in the case of a Swing Line Advance, the Type of Advance selected; provided, however, that the aggregate number of LIBOR Advances outstanding at any one time shall not exceed five (5), and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Not later than noon, Chicago time, on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesXVI. The Administrative Agent will make the funds so received from the Lenders available to the applicable Borrower at the Administrative Agent’s 's aforesaid address. No Disbursements of Advances (other than Swing Line Advances) may be made not more frequently than one time per Business Day. Disbursements of all Swing Line Advances to Borrower may be made not more frequently than one time per Business Day, or on a more frequent basis as Swing Line Lender may agree. Interest Period may end after on all Advances shall be calculated on the Facility Termination Date andbasis of a 360-day year, unless based on the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeactual days elapsed.
Appears in 2 contracts
Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland New York time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon Cleveland New York time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (and in the absence of any selection it shall be assumed that the Borrower has selected a LIBOR Rate Advance), and
(iv) the Tranche in respect of which such Advance is requested,
(v) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable theretothereto (and in the absence of any selection it shall be assumed that the Borrower has selected an Interest Period of one month). Each applicable Lender shall make available its Loan or Loans, in funds immediately available in Cleveland New York to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland New York time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland New York time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland New York time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the Borrowing Notice. Any Advances of Incremental Term Loans hereunder shall be made in accordance with Section 2.22(b). No Interest Period may end after the applicable Facility Termination Date Date, and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (InvenTrust Properties Corp.), Term Loan Credit Agreement (InvenTrust Properties Corp.)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Glimcher Realty Trust), Credit Agreement (Glimcher Realty Trust)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Eurodollar Advance, the Interest Period applicable to each Advance thereto from time to time; provided, that Borrower may not select a Eurodollar Advance as the Type of Advance if a Default or Unmatured Default is in existence on the proposed Borrowing Date. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") substantially in the form attached as of Exhibit F hereto (i) B not later than 1:00 12:00 p.m. Cleveland time on the noon (Chicago time) at least one (1) Business Day immediately preceding before the Borrowing Date of each Floating Rate AdvanceAdvance (other than a Swing Loan), (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Eurodollar Advance, and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:a Swing Loan, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Rate Eurodollar Advance, the LIBOR Interest Period applicable thereto. Each Not later than 12:00 p.m. noon (Chicago time) on each Borrowing Date (other than with respect to a Borrowing Notice for a Swing Loan), each Lender shall make available its Loan or Loans, Loans in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII XIII. Not later than 3:00 p.m. (Chicago time) on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time)for a Swing Loan, the Agent shall make available its Swing Loan or Swing Loans in the case of Floating Rate Advances which have been requested by a Borrowing Notice given funds immediately available in Chicago to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesBorrower. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Miller Mechanical Contractors Inc), Credit Agreement (American Plumbing & Mechanical Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto G and made a part hereof (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected,
(iv) if such Advance is a Swingline Advance, and Borrower desires to have the One Day LIBOR Rate apply for the duration of such Swingline Advance, a request to that effect; and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later (other than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing DateSwingline Advances), or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Cleveland, Ohio time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless the Required Lenders otherwise agree in writing, in no event may there be more than six seven (67) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Inland Western Retail Real Estate Trust Inc), Credit Agreement (Inland Western Retail Real Estate Trust Inc)
Method of Selecting Types and Interest Periods for New Advances. Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Commitments bear to the Aggregate Commitment, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.18. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, selected and;
(iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six seven (67) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Inland Real Estate Corp), Credit Agreement (Inland Real Estate Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”"BORROWING NOTICE") in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland 9:00 a.m. Chicago time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Chicago time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland 2:00 p.m. Chicago time on the same Business Day as the Borrowing Date for each Swingline Advance of:Loan, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (which must be a Floating Rate Advance in the case of the Swingline Loans), and
(iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article ARTICLE XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Chicago time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland Chicago time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Chicago time) in the case of all other AdvancesAdvances (other than Swingline Loans), and 4:00 p.m. (Chicago time) for all Swingline Loans. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six ten (610) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Developers Diversified Realty Corp), Credit Agreement (Developers Diversified Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as of Exhibit F hereto (i) D not later than 1:00 p.m. Cleveland time on the (a) noon, Chicago time, one (1) Business Day immediately preceding before the Borrowing Date of each Floating Rate Advance (except a Swing Line Advance), (iib) not later than noon Cleveland noon, Chicago time, at least three (3) Business Days before the Borrowing Date for of each LIBOR Rate Advance Advance, and (iiic) not later than noon Cleveland time 2:00 p.m., Chicago time, on the same Business Day as the Borrowing Date for of each Swingline Advance of:Swing Line Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) whether the Advance is a Swing Line Advance,
(iii) the aggregate amount of such Advance,
(iiiiv) except in the case of a Swing Line Advance, the Type of Advance selected; provided, however, that the aggregate number of LIBOR Advances outstanding at any one time shall not exceed five (5), and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender Not later than noon, Chicago time, on each Borrowing Date, each Bank shall make available its Loan or Loans, in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesXVI. The Administrative Agent will make the funds so received from the Lenders Banks available to the applicable Borrower at the Administrative Agent’s 's aforesaid address. No Disbursements of Advances (other than Swing Line Advances) may be made not more frequently than one time per Business Day. Disbursements of all Swing Line Advances to Borrower may be made not more frequently than one time per Business Day, or on a more frequent basis as Bank One may agree. Interest Period may end after on all Advances shall be calculated on the Facility Termination Date andbasis of a 360 day year, unless based on the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeactual days elapsed.
Appears in 2 contracts
Samples: Credit Agreement (MDC Holdings Inc), Credit Agreement (MDC Holdings Inc)
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Revolving Commitment, Term A Loan Commitment or Term B Loan Commitment bears to the Aggregate Revolving Commitment, total Term A Loan Commitments or total Term B Loan Commitments, as the case may be, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Term SOFR Advance, the Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 3:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Term SOFR Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Daily Simple SOFR Advance or Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Term SOFR Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland Cleveland, Ohio time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) Cleveland, Ohio time in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Term A Loan Facility Termination Date, the Term B Loan Facility Termination Date or the Revolving Facility Termination Date, as applicable to the Type of Advance involved, and, unless the Lenders otherwise agree in writing, in no event may there be more than six nine (69) different Interest Periods for LIBOR Rate Term SOFR Advances outstanding at any one time.
Appears in 2 contracts
Samples: Senior Credit Agreement (Terreno Realty Corp), Senior Credit Agreement (Terreno Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Revolving Commitment, Term A Loan Commitment or Term B Loan Commitment bears to the Aggregate Revolving Commitment, total Term A Loan Commitments or total Term B Loan Commitments, as the case may be, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 3:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland Cleveland, Ohio time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) Cleveland, Ohio time in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Term A Loan Facility Termination Date, the Term B Loan Facility Termination Date or the Revolving Facility Termination Date, as applicable to the Type of Advance involved, and, unless the Lenders otherwise agree in writing, in no event may there be more than six nine (69) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Revolving Commitment or Term Loan Commitment bears to the Aggregate Revolving Commitment or total Term Loan Commitments, as the case may be, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate LIBORTerm SOFR Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 3:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance LIBORTerm SOFR Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Daily Simple SOFR Advance or Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate LIBORTerm SOFR Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland Cleveland, Ohio time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) Cleveland, Ohio time in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Term Loan Facility Termination Date or the Revolving Facility Termination Date, as applicable to the Type of Advance involved, and, unless the Lenders otherwise agree in writing, in no event may there be more than six nine (69) different LIBOR Interest Periods for LIBOR Rate LIBORTerm SOFR Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Commitments bear to the Aggregate Commitment, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six five (65) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Terreno Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR LIBORSOFR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBORSOFR Rate Advance (unless the Interest Period for such LIBOR Rate Advance and (iii) not is daily, in which case, such time period shall be no later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
of such Advance): (i) the Borrowing Date, which shall be a Business Day, of such Advance,
, (ii) the aggregate amount of such Advance,
, (iii) the Type of Advance selectedselected (and in the absence of any selection it shall be assumed that the Borrower has selected a LIBORFloating Rate Advance), and
and (iv) in the case of each LIBOR LIBORSOFR Rate Advance, the LIBOR selection of a Daily Simple SOFR Advance or Term SOFR Advance (in the absence of any selection, it shall be assumed that the Borrower has selected a Daily Simple SOFR Advance), and in the case of each Term SOFR Advance, the Interest Period applicable theretothereto (and in the absence of any selection it shall be assumed that the Borrower has selected an Interest Period of one month). Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The - 44 - US_ACTIVEActive\121281000\V-110 Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the Borrowing Notice. No Interest Period may end after the Facility Termination Date Date, and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR LIBORSOFR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Second Amendment to Second Amended and Restated Credit Agreement (InvenTrust Properties Corp.)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. 8:00 a.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received (except for a Borrowing Notice for a Floating Rate Advance on the same day, Administrative Agent shall provide the notice to the other Lenders by 9:00 a.m. (Cleveland time) on such day.) Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Maturity Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six ten (610) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Secured Term Loan Agreement (Developers Diversified Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Revolving Commitment, Term A Loan Commitment, Term B Loan Commitment or Term C Loan Commitment bears to the Aggregate Revolving Commitment, total Term A Loan Commitments, total Term B Loan Commitments or total Term C Loan Commitments, as the case may be, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Term A Facility Termination Date, the Term B Facility Termination Date, the Term C Facility Termination Date or the Revolving Facility Termination Date, as applicable to the Type of Advance involved, and, unless the Lenders otherwise agree in writing, in no event may there be more than six nine (69) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Revolving Commitment or Term Commitment bears to the total Revolving Commitments or Term Commitments, as the case may be, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Term Facility Termination Date or the Revolving Facility Termination Date, as applicable, and, unless the Lenders otherwise agree in writing, in no event may there be more than six seven (67) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Eurodollar Advance, the Interest Period applicable to each Advance thereto from time to time, provided that (a) the Interest Period with respect to the Effective Date Advance and any subsequent Advance made prior to the Syndication Date shall be one month, and Interest Periods with respect to all Advances made prior to the Syndication Date shall begin and end on the same days and (b) no Interest Period may be selected prior to the Syndication Date if the Administration Agent has notified Borrower that the selection of such Interest Period would interfere with the closing of the primary syndication of the Commitments and the Loans. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”) in the form attached as Exhibit F hereto (i") not later than 1:00 p.m. Cleveland time on the (Eastern time) at least five Business Day immediately preceding Days before the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Advance and five Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:Eurodollar Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Rate Eurodollar Advance, the LIBOR Interest Period applicable thereto, and containing a certification by an Authorized Officer that all conditions precedent specified in Article IV are satisfied on the specified Borrowing Date. Not later than 5:00 p.m. (New York time) on the Business Day on which the Administrative Agent receives a Borrowing Notice, the Administrative Agent shall notify each Lender of the aggregate amount of the Advance and the amount of such Lender's Loan to be advanced on the Borrowing Date, the type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto. Each Not later than 12:00 Noon (New York time) on each Borrowing Date, each Lender shall make available its Loan or Loans, Loans in funds immediately available in Cleveland funds to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesXIII. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall from time to time select the Class and Type of Advance and, in the case of each LIBOR Rate Eurodollar Advance, the Interest Period applicable to each Advance from time to timethereto. The Borrower Representative shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached of Exhibit G (or in such other form as Exhibit F hereto is requested by Administrative Agent) (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the a "Borrowing Date of each Floating Rate Advance, (iiNotice") not later than noon Cleveland (Columbus, Ohio time, ) at least one (1) Business Day before the date on which Borrower desires that such Advance be made (the "Borrowing Date") of each Floating Rate Advance and three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:Eurodollar Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Class and Type of Advance selected, and
(iv) in the case of each LIBOR Rate Eurodollar Advance, the LIBOR Interest Period applicable thereto. Each If no election as to Type of Advance is specified in the Borrowing Notice, the requested Advance shall be a Floating Rate Advance. If no Interest Period is specified with respect to the requested Eurodollar Advance, then Borrower shall be deemed to have selected an Interest Period of one (1) month's duration. Not later than noon (Columbus, Ohio time) one (1) Business Day after the notice provided by Administrative Agent pursuant to Section 2.15, each Lender shall make available its Floating Rate Loan or Floating Rate Loans, and, not later than noon (Columbus, Ohio time) two (2) Business Days after the notice provided by Administrative Agent pursuant to Section 2.15, each Lender shall make available its Eurodollar Rate Loan or Eurodollar Rate Loans, in funds each case by wire transfer of immediately available in Cleveland funds to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time)Section 12.14, provided that Swingline Loans shall be made as provided in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesSection 2.9. The Administrative Agent will make the funds so received from the Lenders available to Borrower by 3:00 p.m. (Columbus, Ohio time) on the Borrower Borrowing Date at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (and in the absence of any selection it shall be assumed that the Borrower has selected a LIBOR Rate Advance), and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable theretothereto (and in the absence of any selection it shall be assumed that the Borrower has selected an Interest Period of one month). Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the Borrowing Notice. No Interest Period may end after the Facility Termination Date Date, and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The For --------------------------------------------------------------- both the Term Facility and the Revolving Facility, the Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The For each Advance, the Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto ---------------- (i) not later than 1:00 p.m. Cleveland time on the noon Chicago time, at least one (1) Business Day immediately preceding before the Borrowing Date of each Floating Rate ABR Advance, (ii) not later than noon Cleveland Chicago time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Chicago time on the same Business Day as the Borrowing Date for each Swingline Advance of:Swing Line Loan, specifying:
(ia) the Borrowing Date, which shall be a Business Day, of such AdvanceAdvance (provided that there can be only one disbursement for the Term Facility),
(iib) the aggregate amount of such Advance,
(iiic) the Type of Advance selectedselected (which must be an ABR Advance in the case of the Swing Line Loans), and
(ivd) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Not later than 12:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date XIV. The Lenders shall not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given be obligated to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other match fund their LIBOR ----------- Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period for a Revolving Advance may end after the Revolving Facility Termination Date and, unless and no Interest Period for a Term Advance may end after the Term Facility Termination Date. Unless all of the Lenders otherwise agree in writing, in no event may there be more than six ten (610) different Interest Periods for LIBOR Rate Advances outstanding at any one timetime collectively under both the Revolving Facility and the Term Facility.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower Borrowers shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable to each Advance from time to time. The Borrower Borrowers shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto G and made a part hereof (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later (other than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing DateSwingline Advances), or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Cleveland, Ohio time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower Borrowers at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless Date. Unless the Required Lenders otherwise agree in writing, in no event may there be more than six (6) different LIBOR Interest Periods for LIBOR Rate Advances outstanding in effect at any one time.
Appears in 1 contract
Samples: Credit Agreement (Inland Retail Real Estate Trust Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest theInterest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) Advance: the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) , the aggregate amount of such Advance,
(iii) , the Type of Advance selected, and
(iv) and in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Commitments bear to the Aggregate Commitment, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, selected and,
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. .
(v) Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six five (65) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Senior Revolving Credit Agreement (Terreno Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower Borrowers shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable to each Advance from time to time. The Borrower Borrowers shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto G and made a part hereof (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of::
Advance, which shall specify: (i) the Borrowing Date, which shall be a Business Day, of such Advance,
, (ii) the aggregate amount of such Advance,
, (iii) the Type of Advance selected, and
and (iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later (other than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing DateSwingline Advances), or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Cleveland, Ohio time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower Borrowers at the Administrative Agent’s 's aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless Date. Unless the Required Lenders otherwise agree in writing, in no event may there be more than six (6) different LIBOR Interest Periods for LIBOR Rate Advances outstanding in effect at any one time. 2.10 Conversion and Continuation of Outstanding Advances. Floating Rate Advances shall continue as Floating Rate Advances unless and until such Floating Rate Advances are converted into Fixed Rate Advances. Each Fixed Rate Advance shall continue as a Fixed Rate Advance until the end of the then applicable Interest Period therefor, at which time such Fixed Rate Advance shall be automatically converted into a Floating Rate Advance unless the Borrowers shall have given the Administrative Agent a Conversion/Continuation Notice requesting that, at the end of such Interest Period, such Fixed Rate Advance either continue as a Fixed Rate Advance for the same or another Interest Period or be converted to an Advance of another Type. Subject to the terms of Section 2.7, the Borrowers may elect from time to time to convert all or any part of an Advance of any Type into any other Type or Types of Advances; provided that any conversion of any Fixed Rate Advance shall be made on, and only on, the last day of the Interest Period applicable thereto. The Borrowers shall give the Administrative Agent irrevocable notice (a "Conversion/Continuation Notice") of each conversion of an Advance to a Fixed Rate Advance or continuation of a Fixed Rate Advance not later than 10:00 a.m. (Cleveland, Ohio time), at least three Business Days, in the case of a conversion into or continuation of a LIBOR Advance, prior to the date of the requested conversion or continuation, specifying:
(i) the requested date which shall be a Business Day, of such conversion or continuation; (ii) the aggregate amount and Type of the Advance which is to be converted or continued; and (iii) the amount and Type(s) of Advance(s) into which such Advance is to be converted or continued and, in the case of a conversion into or continuation of a Fixed Rate Advance, the duration of the Interest Period applicable thereto.
Appears in 1 contract
Samples: Credit Agreement (Inland Retail Real Estate Trust Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower Borrowers shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower Borrowers shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto I (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) Advance: the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) , the aggregate amount of such Advance,
(iii) , the Type of Advance selected, and
(iv) and in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland Cleveland, Ohio time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Cleveland, Ohio time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower Borrowers at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Credit Agreement (Inland Retail Real Estate Trust Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) Advance: the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) , the aggregate amount of such Advance,
(iii) , the Type of Advance selected, and
(iv) and in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto G and made a part hereof (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected,
(iv) if such Advance is a Swingline Advance, and Borrower desires to have the One Day LIBOR Rate apply for the duration of such Swingline Advance, a request to that effect; and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than noon (i) 11:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the applicable Facility Termination Date and, unless the Required Lenders otherwise agree in writing, in no event may there be more than six seven (67) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Credit Agreement (Retail Properties of America, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto E and made a part hereof (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected,
(iv) if such Advance is a Swingline Advance, and Borrower desires to have the One Day LIBOR Rate apply for the duration of such Swingline Advance, a request to that effect; and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later (other than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing DateSwingline Advances), or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Cleveland, Ohio time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless the Required Lenders otherwise agree in writing, in no event may there be more than six seven (67) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Credit Agreement (Inland Western Retail Real Estate Trust Inc)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Alternate Currency Loan and Eurocurrency Advance, the Interest Period applicable to each Advance from time to time. The applicable Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”) in "), or, if such Borrower is a Borrowing Subsidiary, the form attached as Exhibit F hereto (i) Company may on behalf of such Borrowing Subsidiary give a Borrowing Notice, not later than 1:00 p.m. Cleveland time 11:00 a.m. (Indianapolis time) (w) on the Business Day immediately preceding the Borrowing Date of each Floating Alternate Base Rate Advance, (iix) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Eurocurrency Advance and in Dollars, (iiiy) not later than noon Cleveland time on the same four Business Day as Days before the Borrowing Date for each Swingline Eurocurrency Advance of:in an Agreed Currency other than Dollars, and (z) five Business Days before the Borrowing Date for each Alternate Currency Loan (or such other period as may be specified in the applicable Alternate Currency Addendum), provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Loans at any time. A Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount and the currency of such Advance,, provided, -------- that, if any Advance made (or to be made) on or after the Euro Implementation Date would, but for this provision, be capable of being made either in the Euro or in the applicable National Currency Unit requested by the applicable Borrower, such Advance shall be made in the Euro;
(iii) in the case of Term Loans or Revolving Loans, the Type of Advance selectedselected and in respect of all Loans, andthe currency thereof;
(iv) whether such borrowing is pursuant to a Term Loan, Revolving Loan, or Alternate Currency Loan;
(v) in the case of each LIBOR Rate Alternate Currency Loan or Eurocurrency Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland ; and
(vi) whether such Advance is to be made to the Administrative Agent at its address Company or to a specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeSubsidiary.
Appears in 1 contract
Samples: Credit Agreement (Tokheim Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower Borrower, when requesting an Advance, shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto (i) of EXHIBIT "E" not later than 1:00 p.m. Cleveland time on the (a) 11:00 a.m., West Palm Beach, Florida time, one (1) Business Day immediately preceding before the Borrowing Date of each Floating Rate Advance (except a Swing Line Advance), (iib) not later than noon Cleveland 11:00 a.m., West Palm Beach, Florida time, at least three (3) Business Days before the Borrowing Date for of each LIBOR Rate Advance Advance, and (iiic) not later than noon Cleveland time 1:00 p.m., West Palm Beach, Florida time, on the same Business Day as the Borrowing Date for of each Swingline Advance of:Swing Line Advance, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) whether the Advance is a Swing Line Advance,
(iii) the aggregate amount of such Advance,
(iiiiv) the Type of Advance selected; provided, however, that the aggregate number of LIBOR Advances outstanding at any one time shall not exceed ten (10), and further provided that any Swing Line Advance shall be a Floating Rate Advance, and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. Each Lender With respect to each Floating Rate Advance (except Swing Line Advances) and each LIBOR Advance, Agent shall notify Banks by 4:00 p.m., West Palm Beach, Florida time, on the date Agent receives the Borrowing Notice as described above. With respect to such Advances, not later than 11:00 a.m., West Palm Beach, Florida time, on each Borrowing Date, each Bank shall make available its Loan or Loans, in funds immediately available in Cleveland West Palm Beach, Florida to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesXVI. The Administrative Agent will make the funds so received from the Lenders Banks available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period Disbursements of all Advances (other than Swing Line Advances) to Borrower may end after the Facility Termination Date andbe made not more frequently than one time per Business Day. Disbursements of all Swing Line Advances to Borrower may be made not more frequently than one time per Business Day, unless the Lenders otherwise agree in writing, in no event or on a more frequent basis as SunTrust may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeagree.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Commitments bear to the Aggregate Commitment. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest theInterest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) Advance: the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) , the aggregate amount of such Advance,
(iii) , the Type of Advance selected, and
(iv) and in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Revolving Commitment or Term Loan Commitment bears to the Aggregate Revolving Commitment or total Term Loan Commitments, as the case may be, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.16. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 3:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate AdvanceAdvance (other than Swingline Advances), (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland Cleveland, Ohio time), in the case of Swingline Advances Advances, or (iiiii) noon (Cleveland time) Cleveland, Ohio time in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Term Loan Facility Termination Date or the Revolving Facility Termination Date, as applicable to the Type of Advance involved, and, unless the Lenders otherwise agree in writing, in no event may there be more than six nine (69) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of each Advance and, in the case of each LIBOR a Fixed Rate Advance, the Interest Period applicable to each such Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) notice, in the form attached hereto as Exhibit EXHIBIT F hereto (a "REVOLVING LOAN BORROWING NOTICE"), not later than 10:30 a.m. (Chicago time) (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Revolving Loan Borrowing Date of for each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) two Business Days before the Revolving Loan Borrowing Date for each LIBOR Fixed CD Rate Advance Advance, and (iii) not later than noon Cleveland time on at least three Business Days before the same Business Day as the Revolving Loan Borrowing Date for each Swingline Eurodollar Advance of:specifying:
(ia) the Revolving Loan Borrowing Date, which shall be a Business Day, of such Advance,
(iib) the aggregate amount of such Advance,
(iiic) whether such Advance is to be made pursuant to the Facility A Aggregate Commitment as a Facility A Revolving Loan or pursuant to the Facility B Aggregate Commitment as a Facility B Revolving Loan,
(d) the Type of Advance selectedsuch Advance, and
(ive) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. Each Not later than the Specified Remittance Time on each Revolving Loan Borrowing Date, each Lender shall make available its Revolving Loan or Loans, Revolving Loans to the Agent in funds immediately available in Cleveland to funds at the Administrative relevant Payment Office. To the extent that the Agent at its address has received funds from the Lenders as specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to preceding sentence, the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the such funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after relevant Payment Office as promptly as reasonably practicable (but in any event within two hours) following the Facility Termination Date andSpecified Remittance Time, unless it being understood that if the Lenders otherwise agree relevant Payment Office is located in writingChicago, the Agent will make the applicable funds available to the Borrower by depositing such funds to such account as the Borrower shall from time to time designate in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timea notice delivered to the Agent executed by two Authorized Officers.
Appears in 1 contract
Samples: Credit Agreement (Loewen Group Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Eurocurrency Advance, the Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (which notice may be conditioned on the satisfaction or waiver (in accordance with Section 8.02) of the conditions set forth in Section 4.02) substantially in the form of Exhibit E 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), in each case appropriately completed and signed by an Authorized Officer of the Borrower (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time 11:00 a.m. (Pacific time) on the Business Day immediately preceding the Borrowing Date of each Floating Alternate Base Rate Advance, Advance and 11:00 a.m. (iiPacific time) not later than noon Cleveland time, at least three (3) Business Days Days’ before the Borrowing Date for each LIBOR Rate Eurocurrency Advance denominated in Dollars and four (iii4) not later than noon Cleveland time on the same Business Day as Days’ before the Borrowing Date for each Swingline Eurocurrency Advance of:denominated in a Foreign Currency. A Borrowing Notice shall specify:
(ia) the Borrowing Date, which shall be a Business Day, of such Advance,
(iib) the aggregate amount and currency of such Advance,
(iiic) the Type of Advance selected, andselected (which in the case of an Advance made in a Foreign Currency shall be a Eurocurrency Advance),
(ivd) whether such Advance shall be a Revolving Borrowing or a Swingline Borrowing,
(e) in the case of each LIBOR Rate Eurocurrency Advance, the LIBOR Interest Period applicable thereto, and
(f) the location and number of the Borrower’s account to which proceeds of the Advance are to be disbursed. Each Lender shall make available its Loan or LoansNotwithstanding the foregoing, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), no Advance in the case form of Floating Rate Advances which a Swingline Borrowing may be borrowed as, or converted into, a Eurocurrency Advance. If no Interest Period is specified with respect to any requested Eurocurrency Advance, the Borrower will be deemed to have been requested by selected an Interest Period of one month’s duration. If the Borrower fails to specify a currency in a Borrowing Notice given to requesting an Advance, then the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), Advance so requested shall be made in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeDollars.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto (i) not later than 1:00 2:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon 2:00 p.m. Cleveland time time, on the same Business Day as the Borrowing Date for each Swingline Advance Advance, of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected, and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. ncbcrex.htm 14534489\V-10 Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII XIV on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 2:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, Date or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other ratable Advances or (iii) 4:00 p.m. (Cleveland time) in the case of Swingline Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timetime (or more than five (5) different Interest Periods at any time that a Floating Rate Advance is also outstanding).
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective portions of the Loan bear to the aggregate Loan Amount. Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto I (i) not later than 1:00 3:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Base Rate Advance, and (ii) not later than noon 10:00 a.m. Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount of such Advance,;
(iii) the Type of Advance selected, ; and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall promptly give each Lender notice of the contents of each Borrowing Notice received from Borrower. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. noon (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Loan Maturity Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six three (63) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Senior Secured Term Loan Agreement (Terreno Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, and (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not not(unless the Interest Period for such LIBOR Rate Advance is daily, in which case, such time period shall be no later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::of such Advance):
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (and in the absence of any selection it shall be assumed that the Borrower has selected a LIBOR Rate Advance), and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable theretothereto (and in the absence of any selection it shall be assumed that the Borrower has selected an Interest Period of one month). Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iiiiiior (ii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the Borrowing Notice. No Interest Period may end after the Facility Termination Date Date, and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The In the case of Revolving Loans, the applicable Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Eurocurrency Advance, the Interest Period applicable to each Advance thereto from time to time. The applicable Borrower shall give the Administrative Agent irrevocable notice (which notice may be conditioned on the satisfaction or waiver (in accordance with Section 8.02) of the conditions set forth in Section 4.02) substantially in the form of Exhibit E 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), in each case appropriately completed and signed by an Authorized Officer of WBA (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time (x) 11:00 a.m. (New York time) on the Business Day immediately preceding the Borrowing Date of each Floating Alternate Base Rate Advance, (iiy) not later than noon Cleveland 11:00 a.m. (New York time, at least ) on the date which is three (3) Business Days Days’ before the Borrowing Date for each LIBOR Rate Eurocurrency Advance denominated in Dollars and (iiiz) not later than noon Cleveland time 11:00 a.m. (New York time) on the same date which is four (4) Business Day as Days’ before the Borrowing Date for each Swingline Eurocurrency Advance of:denominated in a Foreign Currency. A Borrowing Notice shall specify:
(ia) the Borrowing Date, which shall be a Business Day, of such Advance,
(iib) the aggregate amount and currency of such Advance,
(iiic) the Type of Advance selected,
(d) the identity of the Borrower, and
(ive) in the case of each LIBOR Rate Eurocurrency Advance, the LIBOR Interest Period applicable thereto. Each Lender The location and number of the applicable Borrower’s account to which proceeds of the Advance are to be disbursed shall make available its Loan be set forth in written settlement instructions executed by two Authorized Officers of the applicable Borrower (neither of which shall hold the title of Treasury Vice President or LoansVice President, in funds immediately available in Cleveland to Global Treasury), which the Administrative Agent at its address specified pursuant shall have confirmed orally by telephone. Any change to Article XIII on each Borrowing Date not later than the location and number of the applicable Borrower’s account to which proceeds of an Advance are to be disbursed shall be set forth in written settlement instructions executed by two Authorized Officers of the applicable Borrower (i) 11:00 a.m. (Cleveland timeneither of which shall hold the title of Treasury Vice President or Vice President, Global Treasury), which the Administrative Agent shall have confirmed orally by telephone. If the applicable Borrower fails to specify a currency in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to requesting an Advance, then the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), Advance so requested shall be made in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeDollars.
Appears in 1 contract
Samples: Revolving Credit Agreement (Walgreens Boots Alliance, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Alternate Currency Loan and Eurocurrency Advance, the Interest Period applicable to each Advance from time to time. The applicable Borrower shall give the Administrative Agent or applicable Alternate Currency Agent irrevocable notice (a “"Borrowing Notice”) in "), or, if such Borrower is a Borrowing Subsidiary, the form attached as Exhibit F hereto (i) Company may on behalf of such Borrowing Subsidiary give a Borrowing Notice, not later than 1:00 p.m. Cleveland time 11:00 a.m. (Indianapolis time) (x) on the Business Day immediately preceding the Borrowing Date of each Floating Alternate Base Rate Advance, (iiy) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Eurocurrency Advance in Dollars or each Alternate Base Rate Advance in an Agreed Currency other than Dollars, and (iiiz) not later than noon Cleveland time on the same four Business Day as Days before the Borrowing Date for each Swingline Eurocurrency Advance of:in an Agreed Currency other than Dollars and each Alternate Currency Loan (or such other period as may be specified in the applicable Alternate Currency Addendum), provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Loans at any time. A Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,;
(ii) the aggregate amount and the currency of such Advance,, provided, that, if any Advance made (or to be made) on or after -------- the Euro Implementation Date would, but for this provision, be capable of being made either in the Euro or in the applicable National Currency Unit requested by the applicable Borrower, such Advance shall be made in the Euro;
(iii) in the case of Term Loans or Revolving Loans, the Type of Advance selectedselected and in respect of all Loans, andthe currency thereof;
(iv) whether such borrowing is pursuant to a Term Loan, Revolving Loan, or Alternate Currency Loan;
(v) in the case of each LIBOR Rate Alternate Currency Loan or Eurocurrency Advance, the LIBOR Interest Period applicable thereto. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland ; and
(vi) whether such Advance is to be made to the Administrative Agent at its address Company or to a specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one timeSubsidiary.
Appears in 1 contract
Samples: Credit Agreement (Tokheim Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland time on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (and in the absence of any selection it shall be assumed that the Borrower has selected a LIBOR Rate Advance), and
(iv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable theretothereto (and in the absence of any selection it shall be assumed that the Borrower has selected a Interest Period of one month). Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid addressaccount specified by the Borrower in the Borrowing Notice. No Interest Period may end after the Facility Revolver Termination Date or Final Termination Date, as applicable, and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Credit Agreement (Inland American Real Estate Trust, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Fixed Rate Advance, the Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “"Borrowing Notice”") in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland 9:00 a.m. Chicago time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Chicago time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance Advance, and (iii) not later than noon Cleveland 2:00 p.m. Chicago time on the same Business Day as the Borrowing Date for each Swingline Advance of:Loan, specifying:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selectedselected (which must be a Floating Rate Advance in the case of the Swingline Loans), and
(iv) in the case of each LIBOR Fixed Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 10:00 a.m. (Cleveland Chicago time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 3:00 p.m. (Cleveland Chicago time) on the Business Day immediately preceding such Borrowing Date, or (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland Chicago time) in the case of all other AdvancesAdvances (other than Swingline Loans), and 4:00 p.m. (Chicago time) for all Swingline Loans. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six ten (610) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Credit Agreement (Developers Diversified Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) in the form attached as Exhibit F hereto G and made a part hereof (i) not later than 1:00 p.m. Cleveland Cleveland, Ohio time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance, (ii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time, at least three (3) Business Days before the Borrowing Date for each LIBOR Rate Advance and (iii) not later than noon Cleveland 10:00 a.m. Cleveland, Ohio time on the same Business Day day as the Borrowing Date for each Swingline Advance of:Advance, which shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance,
(ii) the aggregate amount of such Advance,
(iii) the Type of Advance selected,
(iv) if such Advance is a Swingline Advance, and Borrower desires to have the One Day LIBOR Rate apply for the duration of such Swingline Advance, a request to that effect; and
(ivv) in the case of each LIBOR Rate Advance, the LIBOR Interest Period applicable thereto. The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Loan or Loans, in funds immediately available in Cleveland Cleveland, Ohio to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than noon (i) 11:00 a.m. (Cleveland Cleveland, Ohio time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless the Required Lenders otherwise agree in writing, in no event may there be more than six seven (67) different LIBOR Interest Periods for LIBOR Rate Advances outstanding at any one time.
Appears in 1 contract
Samples: Credit Agreement (Inland Western Retail Real Estate Trust Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select For each Advance under Facility B, the Type Trustee for the Bonds may, on behalf of the Borrower, submit to the Administrative Agent an irrevocable notice in the form of Exhibit B (a "Facility B Advance and, Request") for such Advance not later than (x) in the case of each LIBOR a Base Rate Advance, noon (Chicago time) on the Interest Period applicable to each borrowing date of such Base Rate Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice and (a “Borrowing Notice”y) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date case of each Floating Rate a LIBOR Advance, 10:00 a.m. (iiChicago time) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each borrowing date of such LIBOR Rate Advance, requesting that an Advance and (iii) not later than noon Cleveland time under Facility B be made on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Daterequested borrowing date, which shall be a Business Day, of such Advance,
(ii) and the aggregate amount of such Advance,
(iii) . Concurrently with any Facility B Advance Request, the Borrower shall provide a written notice to the Administrative Agent specifying the Type of Advance selectedrequested by such Facility B Advance Request and, and
(iv) in the case of each any requested LIBOR Rate Advance, the LIBOR Interest Period applicable thereto; provided that, if the Administrative Agent does not receive such concurrent notice prior to 10:00 a.m., Chicago time, at least three Business Days prior to the date of the requested Advance specifying that such Advance is to be a LIBOR Advance and the Interest Period of such LIBOR Advance, such Advance shall be a Base Rate Advance. Each Lender Upon any Facility B Advance Request being submitted to the Administrative Agent, the Borrower shall deliver a certificate to the Administrative Agent, in form and substance satisfactory to the Administrative Agent, to the effect that all conditions precedent set forth in Sections 4.1 and 4.2, as applicable, have been satisfied. The Borrower hereby irrevocably authorizes the Trustee to submit Facility B Advance Requests on behalf of the Borrower, solely for the purpose set forth in Section 2.11(ii). Without limiting the generality of Section 9.5, the Administrative Agent may conclusively rely on any document purported to be submitted by the Trustee believed by the Administrative Agent to be genuine and to have been signed or presented by the proper Person. Not later than 2:00 p.m. (Chicago time) on each borrowing date under Facility B, each Facility B Bank shall make available its Revolving B Loan or Loans, Revolving B Loans in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesSection 10.5. The Administrative Agent will make the funds so received from the Lenders Banks available to the Borrower Trustee at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
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Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select For each Advance under Facility B, the Type Trustee for the Bonds may, on behalf of Borrower, submit to the Agent an irrevocable notice in the form of Exhibit B (a "Facility B Advance and, Request") for such Advance not later than (x) in the case of each LIBOR a Base Rate Advance, noon (Chicago time) on the Interest Period applicable to each borrowing date of such Base Rate Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice and (a “Borrowing Notice”y) in the form attached as Exhibit F hereto (i) not later than 1:00 p.m. Cleveland time on the Business Day immediately preceding the Borrowing Date case of each Floating Rate a LIBOR Advance, 10:00 a.m. (iiChicago time) not later than noon Cleveland time, at least three (3) Business Days before the Borrowing Date for each borrowing date of such LIBOR Rate Advance, requesting that an Advance and (iii) not later than noon Cleveland time under Facility B be made on the same Business Day as the Borrowing Date for each Swingline Advance of::
(i) the Borrowing Daterequested borrowing date, which shall be a Business Day, of such Advance,
(ii) and the aggregate amount of such Advance,
(iii) . Concurrently with any Facility B Advance Request, Borrower shall provide a written notice to the Agent specifying the Type of Advance selectedrequested by such Facility B Advance Request and, and
(iv) in the case of each any requested LIBOR Rate Advance, the LIBOR Interest Period applicable thereto; provided that, if the Agent does not receive such concurrent notice prior to 10:00 a.m., Chicago time, at least three Business Days prior to the date of the requested Advance specifying that such Advance is to be a LIBOR Advance and the Interest Period of such LIBOR Advance, such Advance shall be a Base Rate Advance. Each Lender Upon any Facility B Advance Request being submitted to the Agent, Borrower shall deliver a certificate to the Agent, in form and substance satisfactory to Agent, to the effect that all conditions precedent set forth in Sections 4.1 and 4.2, as applicable, have been satisfied. Borrower hereby irrevocably authorizes the Trustee to submit Facility B Advance Requests on behalf of Borrower, solely for the purpose set forth in Section 2.12(ii). Without limiting the generality of Section 9.7, the Agent may conclusively rely on any document purported to be submitted by the Trustee believed by the Agent to be genuine and to have been signed or presented by the proper Person. Not later than 2:00 p.m. (Chicago time) on each borrowing date under Facility B, each Facility B Bank shall make available its Revolving B Loan or Loans, Revolving B Loans in funds immediately available in Cleveland Chicago to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than (i) 11:00 a.m. (Cleveland time), in the case of Floating Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 1:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, (ii) 2:00 p.m. (Cleveland time), in the case of Swingline Advances or (iii) noon (Cleveland time) in the case of all other AdvancesSection 10.5. The Administrative Agent will make the funds so received from the Lenders Banks available to the Borrower Trustee at the Administrative Agent’s 's aforesaid address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different Interest Periods for LIBOR Rate Advances outstanding at any one time.
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