Common use of Method of Selecting Types and Interest Periods for New Advances Clause in Contracts

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address in an account maintained and designated by the Borrower.

Appears in 4 contracts

Samples: Five Year Revolving Credit Agreement (United Stationers Inc), Five Year Revolving Credit Agreement (United Stationers Inc), Five Year Revolving Credit Agreement (United Stationers Inc)

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Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for of each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIIIXVI. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress. The provisions of this Section 2.8 shall not apply to Swing Line Loans.

Appears in 4 contracts

Samples: Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/), Credit Agreement (U S Home Corp /De/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided PROVIDED, HOWEVER, that there in the event Loans are incurred on the date of this Agreement, all Loans incurred on such date shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretionAlternate Base Rate Advances. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”"BORROWING NOTICE") not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Alternate Base Rate Advance (other than a Swing Line Loan) and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,; (iib) the aggregate amount of such Advance,; (iiic) the Type of Advance selected, ; and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago Chicago, to the Agent at its address specified pursuant to Article ARTICLE XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Aon Corp), Credit Agreement (Aon Corp), 364 Day Credit Agreement (Aon 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 Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided provided, however, that there in the event Loans are incurred on the date of -------- ------- this Agreement, all Loans incurred on such date shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretionABR Advances. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not ---------------- later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate ABR Advance (other than a Swing Line Loan) and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,; (iib) the aggregate amount of such Advance,; (iiic) the Type of Advance selected, and; (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date; and (e) any changes to money transfer instructions previously delivered to the Agent. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago Chicago, to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make ------------ the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address or at such account at such other institution in an account maintained and designated by the BorrowerUnited States of America as the Borrower may indicate in the Borrowing Notice.

Appears in 3 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) 5 Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago Chicago, Illinois time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. 12:00 noon (Chicago Chicago, Illinois time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 3 contracts

Samples: Credit Agreement (Chemed Corp), Credit Agreement (Roto-Rooter Inc), Credit Agreement (Chemed 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided provided, however, that there in the event Loans are incurred on the date of this Agreement, all Loans incurred on such date shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretionAlternate Base Rate Advances. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 11:00 a.m. (Chicago New York time) on the Borrowing Date of each Floating Alternate Base Rate Advance (other than a Swing Line Loan) and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,; (iib) the aggregate amount of such Advance,; (iiic) the Type of Advance selected, ; and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date. Not later than 2:00 1:00 p.m. (Chicago New York time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago New York, to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 3 contracts

Samples: Credit Agreement (Aon Corp), Credit Agreement (Aon Corp), Credit Agreement (Aon 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) 8 Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion; provided, further, that no Interest Period for Eurodollar Advances during the "Syndication Period," as defined in the definition of Interest Period, shall exceed seven days, and the Interest Periods with respect to such Eurodollar Advances during the Syndication Period shall be required to expire on the same date. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Non-Ratable Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 2 contracts

Samples: Credit Agreement (Tesoro Trading Co), Credit Agreement (Tesoro Petroleum Corp /New/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided provided, however, that there in the event Loans are incurred on the date of this Agreement, all Loans incurred on such date shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretionABR Advances. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate ABR Advance (other than a Swing Line Loan) and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,; (iib) the aggregate amount of such Advance,; (iiic) the Type of Advance selected, and; (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date; and (e) any changes to money transfer instructions previously delivered to the Agent. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago Chicago, to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address or at such account at such other institution in an account maintained and designated by the BorrowerUnited States of America as the Borrower may indicate in the Borrowing Notice.

Appears in 2 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) 8 Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago Louisville, Kentucky time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 1:00 p.m. (Chicago Louisville, Kentucky time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 2 contracts

Samples: Credit Agreement (Res Care Inc /Ky/), Credit Agreement (Res Care Inc /Ky/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) (i) not later than 12:00 noon (10:00 a.m. Chicago time, at least one (1) on Business Day before the Borrowing Date of each Floating Rate Advance ABR Advance, (other ii) not later than a Swing Line Loan) and 10:00 a.m. Chicago time, at least three (3) Business Days before the Borrowing Date for each Eurodollar LIBOR Advance, and (iii) not later than 11:00 a.m. Chicago time on the Borrowing Date for each Swing Line Loan, specifying: (ia) the Borrowing Date, which shall be a Business Day, of such Advance, (iib) the aggregate amount of such Advance, (iiic) the Type of Advance selectedselected (which must be a ABR Advance in the case of the Swing Line Loans), and (ivd) in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIIIXIV. The Lenders shall not be obligated to match fund their LIBOR Advances. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address address. No Interest Period may end after the Facility Termination Date and, unless all of the Lenders otherwise agree in an account maintained and designated by the Borrower.writing, in no event may there be more than seven (7) different

Appears in 2 contracts

Samples: Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Limited Partnership/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar LIBOR 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIIIVIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in an account maintained and designated by the Borrowerwriting, in no event may there be more than five (5) different Interest Periods for LIBOR Advances outstanding at any one time.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment 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 Eurodollar Eurocurrency Advance, the Interest Period and the Agreed Currency applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago Detroit time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and Advance, three (3) Business Days before the Borrowing Date for each Eurodollar AdvanceEurocurrency Advance denominated in Dollars and four Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, 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 Eurodollar Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. Not later than 2:00 p.m. noon (Chicago Detroit time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago Detroit to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Covansys 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 10:00 a.m. (Chicago New York time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other provided that any such notice of a Floating Rate Advance to finance the reimbursement of an LC Disbursement as contemplated by Section 2.21.5 may be given not later than a Swing Line Loan10:00 a.m., New York time, on the date of the proposed Advance) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago New York time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago New York to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Sei Investments Co)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon (Chicago i) 10:00 a.m. (Dallas time) on the Borrowing Date of each Floating Alternate Base Rate Advance or Fed Funds Advance, (other than a Swing Line ii)3:00 p.m. (Dallas time) on the proposed Borrowing Date for each Swingline Loan, and (iii) and 2:00 p.m. (Dallas time) at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: : (ia) the Borrowing Date, which shall be a Business Day, of such Advance, , (iib) the aggregate amount of such Advance, , which shall not be less than (iii1)$2,000,000 for any Eurodollar Advance,(2) $600,000 for any Alternate Base Rate Advance or Fed Funds Advance, or (3) $100,000 for any Swingline Loan, (c) except in the case of a Swingline Loan, the Type of Advance selected, and and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto. , and Not later than 2:00 p.m. noon (Chicago Dallas time) on each Borrowing Date, with respect to all Advances other than Swingline Loans, each Lender shall make available its Revolving Loan or Revolving Loans comprising such Advance, in Federal or other funds immediately available in Chicago Dallas to the Agent at its address specified pursuant to Article XIII; provided that Swingline Loans may be made available up to the close of business. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hovnanian Enterprises 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) 5 Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 2:00 p.m. (Chicago New York City time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 1:00 p.m. (Chicago New York City time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago New York City to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Headwaters 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) 8 Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 11:00 a.m. (Chicago Louisville, Kentucky time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 1:00 p.m. (Chicago Louisville, Kentucky time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Res Care Inc /Ky/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 10:00 a.m. (Chicago Louisville, Kentucky time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. A Borrowing Notice may be made verbally, but if so shall be immediately confirmed in writing by Borrower to Agent substantially in the form of Exhibit 2.8. Not later than 2:00 p.m. noon (Chicago Louisville, Kentucky time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago Louisville, Kentucky to the Agent at its address specified pursuant to Article XIII13. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International 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 Eurodollar Eurocurrency Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice in the form of Exhibit D-1 (a “Borrowing Notice”) not later than 12:00 noon (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Eurocurrency Advance, the Interest Period applicable thereto, and (v) in the case of Draw Loans, whether the Draw Loan Advance is a Real Estate Advance or an Equipment Advance. Borrower will deliver each Borrowing Notice to the Administrative Agent not later than 10:00 a.m. (St. Louis, Missouri time) on the Borrowing Date of each Base Rate Advance (other than a Swing Line Loan or Draw Loan), and two (2) Business Days before the Borrowing Date for each Eurocurrency Advance (other than a Draw Loan). Borrower will deliver Borrowing Notices to the Administrative Agent for Advances under the Draw Loan (whether Base Rate Advances or Eurocurrency Advances) five (5) Business Days before the Borrowing Date. Not later than 2:00 p.m. 12:00 noon (Chicago St. Louis, Missouri time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Orchids Paper Products CO /DE)

Method of Selecting Types and Interest Periods for New Advances. (a) The Borrower shall select the Type of Advance and, in the case of each Eurodollar EurodollarTerm Benchmark Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all RFR Loans are only available under this Agreement as the result of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretionapplication of Section 3.1. The Borrower shall give the Administrative Agent irrevocable notice by an Authorized Officer (a "“Borrowing Notice"”) not later than 12:00 noon 11:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance and not later than 11:00 a.m. (other than a Swing Line LoanChicago time) and three (3) on the third U.S. Government Securities Business Days before preceding the Borrowing Date for each Eurodollar EurodollarTerm Benchmark Advance, specifying: : (i) the Borrowing Date, which shall be a U.S. Government Securities 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 Eurodollar EurodollarTerm Benchmark Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent'’s aforesaid address in an account maintained and designated by the Borrower.address. 30

Appears in 1 contract

Samples: Credit Agreement (Lancaster Colony 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate CBR Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar LIBOR 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 and (iv) in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIIIVIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in an account maintained and designated by the Borrowerwriting, in no event may there be more than five (5) different Interest Periods for LIBOR Advances outstanding at any one time.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided provided, -------- however, that there notwithstanding anything in this Agreement to the contrary, for so ------- long as First Chicago shall be no more than twelve (12) the sole Lender, First Chicago and the Borrower may agree to Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretiondurations of less than one month. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon ---------------- 10:00 a.m. (Chicago time) on at least one (1) Business Day before the Borrowing Date of each Floating Alternate Base Rate Advance (other than a Swing Line Loan) and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,; (iib) the aggregate amount of such Advance,; (iiic) the Type of Advance selected, ; and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Revolving Credit Agreement (Depuy 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve three (123) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 10:00 a.m. (Chicago Columbus, Ohio time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 1:00 p.m. (Chicago Columbus, Ohio time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago Columbus to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Abx Air Inc)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance, the Commitments under which such Advance is to be made and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Eurodollar Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) Advance, and three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (i) the Borrowing Date, which shall be a Business Day, of such Advance, (ii) the aggregate amount of such Advance, (iii) whether such Advance constitutes a Facility A Advance or a Facility B Advance, as selected by the Borrower, (iv) the Type of Advance selected, and (ivv) in the case of each Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Pronet Inc /De/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one (1) Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,; (iib) the aggregate amount of such Advance,; (iiic) the Type of Advance selected, ; and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago Chicago, to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweras soon as practicable, following its receipt thereof.

Appears in 1 contract

Samples: Credit Agreement (American Country 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 Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) Advance, and at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (i) the Borrowing Date, which shall be a Business Day, of such Advance, (ii) the aggregate amount of such AdvanceAdvance and whether such Advance shall consist of Tranche A Loans or Tranche B Loans, (iii) the Type of Advance selected, and (iv) in the case of each Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Upon satisfaction or waiver in accordance with the terms of this Agreement of the applicable conditions precedent set forth in Article IV, the Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (FDX 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 1:00 p.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifyingprovided that any such notice of a Floating Rate Advance to refinance reimbursement of an LC Disbursement pursuant to Section 2.22.6 may be given not later than 11:00 a.m. (New York time) on the date of the proposed Advance. Each such notice shall specify: (i) the Borrowing Date, which shall be a Business Day, of such Advance, (ii) (iii) (iv) the aggregate amount of such Advance, (iii) , the Type of Advance selected, and (iv) and in the case of each Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address in an account maintained and designated in writing by the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Moneygram International Inc)

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Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon (i) 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Alternate Base Rate Advance or Fed Funds Advance, (other than a Swing Line Loanii) 4:00 p.m. (Chicago time) on the proposed Borrowing Date for each Swingline Advance, and (iii) 11:00 a.m. (Chicago time) at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrowing Date, which shall be a Business Day, of such Advance, (iib) the aggregate amount of such Advance, which shall be in an amount equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof, except that Swingline Advances shall be in a minimum amount of $100,000 but need not be in multiples of $100,000, (iiic) the Type of Advance selected, and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, with respect to all Advances other than Swingline Advances, each Lender shall make available its Revolving Loan or Revolving Loans comprising such Advance, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII; provided that Swingline Advances may be made available up to the close of business. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

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

Method of Selecting Types and Interest Periods for New Advances. The For each Advance under Facility A, Borrower shall select the Type of Advance and, in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”"Facility A Advance Request") of each Advance under Facility A not later than 12:00 (x) in the case of a Base Rate Advance, noon (Chicago time) on the Borrowing Date borrowing date of each Floating such Base Rate Advance and (other than y) in the case of a Swing Line LoanLIBOR Advance, 10:00 a.m. (Chicago time) and three (3) Business Days before the Borrowing Date borrowing date of such LIBOR Advance. Each Facility A Advance Request shall specify: that it is a request for each Eurodollar Advancean Advance under Facility A, specifying: (i) the Borrowing Dateborrowing date, which shall be a Business Day, of such Advance, (ii) the Advance requested thereby, the aggregate amount of such Advance, (iii) , the Type of Advance selected, and (iv) selected and in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. (Chicago time) on each Borrowing Dateborrowing date under Facility A, each Lender Facility A Bank shall make available its Revolving A Loan or Revolving A Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIIISection 10.5. The Agent will promptly make the funds so received from the Lenders Banks available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Ipalco Enterprises 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 Eurodollar Advance and Transaction Rate Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) or Transaction Rate Advance and three (3) Business Days before the Borrowing Date for of each 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 Eurodollar Advance and Transaction Rate Advance, the Interest Period applicable thereto. Each Borrowing Notice for a Floating Rate Advance or a Eurodollar Advance shall be in writing (or by telephone promptly confirmed in writing) substantially in the form of Exhibit A. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided PROVIDED that there shall be no more than twelve eight (12) 8) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borrower.

Appears in 1 contract

Samples: Revolving Credit Agreement (United Stationers Supply Co)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar Advance; provided, specifyingthat any such notice of a Floating Rate Advance to refinance reimbursement of a Facility LC disbursement pursuant to Section 2.20.6 may be given not later than 10:00 a.m. (Chicago time) on the date of the proposed Advance. Each such notice shall specify: (ia) the Borrowing Date, which shall be a Business Day, of such Advance, (iib) the aggregate amount of such Advance, (iiic) the Type of Advance selected, and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Unitrin 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate CBR Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar LIBOR 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIIIIX. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in an account maintained and designated by the Borrowerwriting, in no event may there be more than five (5) different Interest Periods for LIBOR Advances outstanding at any one time.

Appears in 1 contract

Samples: Unsecured Revolving Credit Agreement (Susa Partnership Lp)

Method of Selecting Types and Interest Periods for New Advances. The Borrower Representative shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower Representative shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon 11:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (ia) the Borrower and the Borrowing Date, which shall be a Business Day, of such Advance, (iib) the aggregate amount of such Advance, (iiic) the Type of Advance selected, and (ivd) in the case of each Eurodollar Advance, the Interest Period applicable thereto. Promptly after receipt by the Agent of a request for an Advance, the Agent shall notify each Lender by fax, or other similar form of transmission, of such request. Not later than 2:00 2 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the applicable Borrower at in accordance with directions received from the Agent’s aforesaid address in an account maintained and designated by the BorrowerBorrower Representative.

Appears in 1 contract

Samples: Credit Agreement (Midas 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 Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower Borrowers shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon (Chicago i) 10:00 a.m. (Dallas time) on the Borrowing Date of each Floating Alternate Base Rate Advance or Fed Funds Advance, (other than a Swing Line ii) 3:00 p.m. (Dallas time) on the proposed Borrowing Date for each Swingline Loan, and (iii) and 2:00 p.m. (Dallas time) at least three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: : (i) the Borrowing Date, which shall be a Business Day, of such Advance, , (ii) the aggregate amount of such Advance, , which shall not be less than (1) $2,000,000 for any Eurodollar Advance,(2) $600,000 for any Alternate Base Rate Advance or Fed Funds Advance, or (3) $100,000 for any Swingline Loan, (iii) except in the case of a Swingline Loan, the Type of Advance selected, and and (iv) in the case of each Eurodollar Advance, the Interest Period applicable thereto. , and Not later than 2:00 p.m. noon (Chicago Dallas time) on each Borrowing Date, with respect to all Advances other than Swingline Loans, each Lender shall make available its Revolving Loan or Revolving Loans comprising such Advance, in Federal or other funds immediately available in Chicago Dallas to the Agent at its address specified pursuant to Article XIII; provided that Swingline Loans may be made available up to the close of business. The Agent will promptly make the funds so received from the Lenders available to the Borrower Borrowers at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Revolving Credit Agreement (Hovnanian Enterprises 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) 8 Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Non-Ratable Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Tesoro Corp /New/)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve eight (12) 8) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a “Borrowing Notice”) not later than 12:00 noon (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address in an account maintained and designated by the Borrower.

Appears in 1 contract

Samples: Five Year Revolving Credit Agreement (United Stationers 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon (Chicago time) 10:00 a.m. on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for of each 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) and in the case of each a Eurodollar Advance, the Interest Period applicable thereto. Each Borrowing Notice shall be in writing (or by telephone promptly confirmed in writing) substantially in the form of Exhibit A. Not later than 2:00 p.m. (Chicago time) noon on each the Borrowing DateDate for an Advance, each Lender shall make available its Revolving Loan or Revolving Loans Pro Rata Share of such Advance in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Advance and, in the case of each Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar Advance, specifying: (i) the Facility under which such Advance is to be borrowed, (ii) the Borrowing Date, which shall be a Business Day, of such Advance, (iiiii) the aggregate amount of such Advance, (iiiiv) the Type of Advance selected, and (ivv) in the case of each Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Borrower hereby authorizes the Agent will promptly make to disburse the funds so received from proceeds of each Advance into the Lenders available to Borrower's general deposit account maintained at First Chicago, unless the Borrower at instructs the Agent’s aforesaid address Agent otherwise in an account maintained and designated by the Borrowerwriting.

Appears in 1 contract

Samples: Credit Agreement (Tri State Outdoor Media 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 Eurodollar Eurocurrency Advance, the Interest Period and the Agreed Currency applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon p.m. (Chicago Detroit time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and ), three (3) Business Days before the Borrowing Date for each Eurodollar AdvanceEurocurrency Advance denominated in Dollars and four Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, 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 Eurodollar Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. Not later than 2:00 p.m. noon (Chicago Detroit time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago Detroit to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Covansys 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 Eurodollar Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 (a) noon (Chicago time) at such times as the Agent is the sole Lender and (b) 11:00 a.m. (Chicago time) when there are two or more Lenders, in either event on the Borrowing Date of each Floating Rate Advance Advance; and not later than 11:00 a.m. (other than a Swing Line LoanChicago time) and at least three (3) Business Days before the Borrowing Date for each 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 Eurodollar Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Hutchinson Technology 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon ---------------- 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Prime Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar LIBOR Advance, specifying: (ia) the Borrowing Date, which shall be a Business Day, of such Advance, (iib) the aggregate amount of such Advance, (iiic) the Type of Advance selected, and (ivd) in the case of each Eurodollar LIBOR Advance, the Interest Period applicable thereto, which shall end on or prior to the Facility Termination Date. Not later than 2:00 1:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIII. The Agent will promptly make the funds so received from the Lenders ------------ available to the Borrower at the Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Ohio Casualty 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto to each Advance from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on at least one Business Day before the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for each Eurodollar LIBOR 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 Eurodollar LIBOR Advance, the Interest Period applicable thereto. Not later than 2:00 p.m. noon (Chicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans Loans, in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Article XIIIVIII. The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address address. No Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in an account maintained and designated by the Borrowerwriting, in no event may there be more than five (5) different Interest Periods for LIBOR Advances outstanding at any one time.

Appears in 1 contract

Samples: Credit Agreement (Washington Real Estate Investment 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 Eurodollar Advance, the Interest Period applicable thereto from time to time; provided that there shall be no more than twelve (12) Interest Periods in effect with respect to all of the Revolving Loans at any time, unless such limit has been waived by the Agent in its sole discretion. The Borrower shall give the Administrative Agent irrevocable notice (a "Borrowing Notice") not later than 12:00 noon 10:00 a.m. (Chicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan) and three (3) Business Days before the Borrowing Date for of each 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 a Eurodollar Advance, the Interest Period applicable thereto. Each Borrowing Notice shall be in writing (or by telephone promptly confirmed in writing) substantially in the form of Exhibit A. Not later than 2:00 p.m. noon (Chicago time) on each the Borrowing DateDate for an Advance, each Lender shall make available its Revolving Loan or Revolving Loans Pro Rata Share of such Advance in Federal or other funds immediately available in Chicago to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address in an account maintained and designated by the Borroweraddress.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

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