Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan), three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying: (a) the Borrowing Date, which shall be a Business Day, of such Advance, (b) the Class of such Advance, (c) the aggregate amount of such Advance, (d) the Type of Advance selected, (e) in the case of each Eurocurrency Advance, the Interest Period applicable thereto, (f) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and (g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 5 contracts
Samples: Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.), Credit Agreement (Patterson Companies, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the currency and Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”) not later than 11:00 a.m. 12:00 p.m. (Local TimeNew 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsAdvance, specifying:
(a) the Borrowing DateDate of such Advance, which shall be a Business Day, of such Advance,;
(b) the Class aggregate amount and currency of such Advance,;
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,; and
(ed) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
, which shall end on or prior to the latest Facility Termination Date. Each Lender shall, before 2:00 p.m. (fNew York time) on the applicable Borrowing Date, in the case of each Revolving an Advance that is a denominated in Dollars, and before 9:00 a.m. (New York time) on the applicable Borrowing Date, in the case of an Advance consisting of Eurocurrency AdvanceLoans denominated in any Committed Currency, the Agreed Currency applicable thereto, and
(g) the payment instructions make available for the account of its applicable Lending Installation to the Administrative Agent at the applicable Administrative Agent’s Account, in same day funds, such Lender’s ratable portion of such Advance. After the Administrative Agent’s receipt of such funds, the Administrative Agent will make such funds available to the Borrower requesting the Advance at the Administrative Agent’s address referred to which such Advance shall be credited. The Borrower in Article XIII or at the applicable Payment Office, as the case may not select an Interest Period that ends after the Maturity Datebe.
Appears in 4 contracts
Samples: Five Year Credit Agreement (Aon PLC), Five Year Credit Agreement (Aon PLC), Credit Agreement (Aon PLC)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of . For Revolving Loans, the 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 written notice in the form of Exhibit D (a “Borrowing Notice”) not later than 11:00 10:00 a.m. (Local TimeMilwaukee time) on the Borrowing Date of each Floating Base Rate Revolving Advance (other than a Swing Line Loan), three two (32) Business Days before the Borrowing Date for each Eurocurrency Revolving Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Revolving Advance denominated in an Agreed Currency a currency other than Dollars, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto. Not later than 12:00 noon (Milwaukee time) on each Borrowing Date, and
(g) each Lender shall make available its Loan or Loans in funds immediately available to the payment instructions for Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will make the account of funds so received from the Lenders available to the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after at the Maturity DateAdministrative Agent’s aforesaid address.
Appears in 3 contracts
Samples: Credit Agreement (Plexus Corp), Omnibus Amendment (Plexus Corp), Credit Agreement (Plexus Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency LIBOR Advance, the Interest Period and (y) in the case of applicable to each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) (i) not later than 11:00 10:00 a.m. Chicago time, at least one (Local Time1) on Business Day before the Borrowing Date of each Floating Rate Advance ABR Advance, (other ii) not later than a Swing Line Loan)10:00 a.m. Chicago time, at least three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars LIBOR Advance, and four (4iii) Business Days before not later than 11:00 a.m. Chicago time on the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsSwing Line Loan, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount Type of such Advance,Advance selected (which must be a ABR Advance in the case of the Swing Line Loans), and
(d) the Type of Advance selected,
(e) in the case of each Eurocurrency LIBOR Advance, the Interest Period applicable thereto,
. Not later than noon (fChicago time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available in Chicago to the case of each Revolving Advance that is a Eurocurrency AdvanceAdministrative Agent at its address specified pursuant to Article XIV. The Lenders shall not be obligated to 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 aforesaid address. No Interest Period may end after the Facility Termination Date and, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account unless all of the Borrower to which such Advance shall Lenders otherwise agree in writing, in no event may there be credited. The Borrower may not select an more than seven (7) different Interest Period that ends after the Maturity DatePeriods for LIBOR Advances (other than Competitive Bid Loans) outstanding at any one time.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Duke Realty Corp), Revolving Credit Agreement (Duke Realty Corp)
Method of Selecting Types and Interest Periods for New Advances. The Other than with respect to Swing Line Loans (which shall be governed by Section 2.2), the applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) 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 applicable Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”” it being understood and agreed that (i) any such notice in respect of an Advance denominated in Dollars may be initially delivered via telephone (promptly confirmed by hand delivery or telecopy to the Administrative Agent of a written notice in a form approved by the Administrative Agent and signed by the applicable Borrower) and (ii) any such notice respect of an Advance denominated in Foreign Currencies may only be made via a written notice in a form approved by the Administrative Agent and signed by such Borrower) not later than 11:00 10:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan)Advance, three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars Dollars, and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsForeign Currencies, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,
(e) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 2 contracts
Samples: Credit Agreement (Acuity Brands Inc), Credit Agreement (Acuity Brands Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower requesting an Advance shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Such Borrower shall give the Administrative Agent irrevocable written notice in the form of Exhibit D (a “Borrowing Notice”) not later than 11:00 a.m. (Local TimeCentral time) on the Borrowing Date of each Floating Base Rate Advance (other than a Swing Line Loan), three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency a currency other than Dollars, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto,
thereto (f) which in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account Foreign Borrower shall be in one of the Borrower Designated Currencies applicable to which such Advance Foreign Borrower). Not later than 1:00 p.m. (Central time) on each Borrowing Date, each Lender shall be creditedmake available its Loan or Loans in funds immediately available to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will make the funds so received from the Lenders available to such Borrower may not select an Interest Period that ends after at the Maturity DateAdministrative Agent’s aforesaid address.
Appears in 2 contracts
Samples: Amendment Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each SOFR Advance or Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent irrevocable written (and, in the case of a Swingline Borrowing, the applicable Swingline Lender) 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 applicable Borrower (or, if applicable, the Company on behalf of the applicable Designated Borrower in accordance with Section 2.24(c)) (a “Borrowing Notice”) not later than 11:00 a.m. (Local TimePacific time) on the Borrowing Date of each Floating Alternate Base Rate Advance Advance, 11:00 a.m. (other than a Swing Line Loan)London time) on the Borrowing Date of each Swingline Borrowing in Euro or Sterling, 12:00 p.m. (Pacific time) on the Borrowing Date of each Swingline Borrowing in U.S. Dollars and 11:00 a.m. (Pacific time) three (3) Business Days Days’ before the Borrowing Date for each Eurocurrency SOFR Advance denominated in Dollars and four (4) Business Days Days’ before the Borrowing Date for each XXXXX Advance or Eurocurrency Advance denominated in an Agreed Currency (other than Dollars, specifyingSwingline Borrowings). A Borrowing Notice shall specify:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount and currency of such Advance,
(c) the aggregate amount Type of such AdvanceAdvance selected (which shall be in accordance with Section 2.04),
(d) the Type of whether such Advance selectedshall be a Revolving Borrowing or a Swingline Borrowing,
(e) in the case of each SOFR Advance and Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case location and number of each Revolving the applicable Borrower’s account to which proceeds of the Advance that is a Eurocurrency Advance, the Agreed Currency applicable theretoare to be disbursed, and
(g) if applicable, the payment instructions for the account of the Designated Borrower to which such Advance shall is to be creditedmade. The If no Interest Period is specified with respect to any requested SOFR Advance or Eurocurrency Advance, the applicable Borrower may not select will be deemed to have selected an Interest Period that ends after of one month’s duration. If the Maturity Dateapplicable Borrower fails to specify a currency in a Borrowing Notice requesting an Advance, then the Advance so requested shall be made in Dollars.
Appears in 1 contract
Samples: Credit Agreement (Salesforce, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) in the case of each Term SOFR Advance or each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten five (105) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan), three (3) Business Days before the Borrowing Date for each Eurocurrency Term SOFR Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed a Foreign Currency other than Dollarsand Daily Simple RFR Advances denominated in a Foreign Currency, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,
(e) in the case of each Term SOFR Advance and Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Term SOFR Advance, Eurocurrency Advance or Daily Simple RFR Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date. This Section 2.8 shall not apply to Swing Line Loans, which shall be made in accordance with Section 2.3.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency LIBOR Advance, the Interest Period and (y) in the case of applicable to each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) (i) not later than 11:00 10:00 a.m. (Local Time) Chicago time on the Borrowing Date of each Floating Rate Advance ABR Advance, (other ii) not later than a Swing Line Loan)10:00 a.m. Chicago time, at least three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsLIBOR Advance, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount Class of such Advance,
(d) the Type of Advance selected,, and
(e) in the case of each Eurocurrency LIBOR Advance, the Interest Period applicable thereto,
. Not later than noon (f) or 2:00 p.m., in the case of an ABR Advance requested on such Borrowing Date) (Chicago time) on each Revolving Advance that is a Eurocurrency AdvanceBorrowing Date, each applicable Lender shall make available its Loan or Loans, in funds immediately available in Chicago to the Agreed Currency Administrative Agent at its address specified pursuant to Article XIV. The applicable theretoLenders shall not be obligated to match fund their LIBOR Advances. The Administrative Agent will make the funds so received from the Lenders available to the Borrower on such Business Day. No Interest Period may end after the applicable Termination Date and, and
(g) the payment instructions for the account unless all of the Borrower to which such Advance shall applicable Lenders otherwise agree in writing, in no event may there be credited. The Borrower may not select an more than seven (7) different Interest Period that ends after the Maturity DatePeriods for LIBOR Advances (other than Competitive Bid Loans) outstanding at any one time for any Class of Advance.
Appears in 1 contract
Samples: Revolving Credit Agreement (Duke Realty Limited Partnership/)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written (and, in the case of a Swingline Borrowing, the applicable Swingline Lender) 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”) not later than 11:00 a.m. (Local TimePacific time) on the Borrowing Date of each Floating Alternate Base Rate Advance Advance, 12:00 p.m. (other than a Swing Line Loan), London time) on the Borrowing Date of each Swingline Borrowing and 11:00 a.m. (Pacific time) three (3) Business Days Days’ before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days Days’ before the Borrowing Date for each XXXXX Advance or Eurocurrency Advance denominated in an Agreed a Foreign Currency (other than Dollars, specifyingSwingline Borrowings). A Borrowing Notice shall specify:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount and currency of such Advance,
(c) the aggregate amount Type of such Advance selected (which in the case of an Advance made in a Foreign Currency shall be either a XXXXX Advance or a Eurocurrency Advance),
(d) the Type of whether such Advance selectedshall be a Revolving Borrowing or a Swingline Borrowing,
(e) in the case of each Eurocurrency Advance, the 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. If no Interest Period is specified with respect to any requested Eurocurrency Advance, the Borrower will be deemed to have selected an Interest Period of one month’s (or, in the case of each Revolving Advance that is a Eurocurrency AdvanceSwingline Borrowing, the Agreed Currency applicable thereto, and
(gone week’s) the payment instructions for the account of duration. If the Borrower fails to which such specify a currency in a Borrowing Notice requesting an Advance (other than a Swingline Borrowing), then the Advance so requested shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Datemade in Dollars.
Appears in 1 contract
Samples: Credit Agreement (Salesforce, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency (provided that for Dollar Revolving Advances, such Agreed Currency may only be Dollars) to the extent applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent irrevocable written notice in substantially the form of Exhibit G (a an “Advance Borrowing Notice”) not later than 11:00 a.m. noon (Local TimeNew York time) on the Borrowing Date of each Floating Base Rate Advance Advance, not later than 3:00 p.m. (other than a Swing Line Loan), New York time) at least three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and not later than 3:00 p.m. (New York time) at least four (4) Business Days before the Borrowing Date for each Eurocurrency Advance to be made by a Multi-Currency Lender denominated in an Agreed Currency other than Dollars, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,;
(b) the Class of such Advance,
(c) the aggregate amount of such Advance,;
(c) the Class of Advance selected;
(d) the Type of Advance selected,; and
(e) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) in a form acceptable to the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by an Authorized Officer of the Borrower, not later than 11:00 a.m. (Local Time) 12:00 noon, New York City 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before Eurodollar Advance; provided that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifyingNotice. Each such notice shall specify:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,, and
(ed) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
(f) . Not later than 2:00 p.m., New York City time, on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in funds immediately available to the case of each Revolving Advance that is a Eurocurrency Advance, Administrative Agent at its address specified pursuant to Article 13. The Administrative Agent will make the Agreed Currency applicable thereto, and
(g) funds so received from the payment instructions for the account of Lenders available to the Borrower to which such Advance in an account designated in writing by the Borrower. Borrower shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Datehave more than 8 Eurodollar Advances outstanding at one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “"Borrowing Notice”") not later than 11:00 10:00 a.m. (Local TimeChicago time) on the proposed Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan), and three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsEurodollar Advance, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
. Any notice received later than 10:00 a.m. (fChicago time) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance on any day shall be crediteddeemed to be received on the following Business Day. The Agent shall notify the Lenders of Borrower's intent to borrow by 12:00 p.m. (Chicago time) on the date it receives a timely Borrowing Notice from Borrower. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Loan or Loans in immediately available funds to the Agent at its address specified pursuant to Article XIV. The Agent will make the funds so received from the Lenders available to Borrower may not select an Interest Period that ends after at the Maturity DateAgent's aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each SOFR Advance and each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (which notice may be conditioned on the satisfaction or waiver (in accordance with Section 8.02) of the conditions set forth in Section 4.03) 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”) not later than 11:00 a.m. (Local TimeNew York time) on the Borrowing Date of each Floating Base Rate Advance Advance, 11:00 a.m. (other than a Swing Line Loan), New York time) three (3) Business Days Days’ before the Borrowing Date for each SOFR Advance and 11:00 a.m. (New York time) four (4) Business Days’ before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Advance. A Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
Notice shall specify: (a) the Borrowing Date, which shall be a Business Day, of such Advance,
, (b) the Class aggregate amount and currency of such Advance,
, (c) the aggregate amount of such Advance,
(d) the Type of Advance selected,selected (which in the case of an Advance made in Dollars shall be a Base Rate Advance or a SOFR Advance, and in the case of an Advance made in Canadian Dollars shall be a Eurocurrency Advance), 53 #98230960v1
(ed) in the case of each SOFR Advance and each Eurocurrency Advance, the Interest Period applicable thereto,
, and (fe) in the case location and number of each Revolving the Borrower’s account to which proceeds of the Advance that are to be disbursed. If no Interest Period is a specified with respect to any requested SOFR Advance or Eurocurrency Advance, the Agreed Currency applicable theretoBorrower will be deemed to have selected, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select in each case, an Interest Period that ends after of one month’s duration. If the Maturity DateBorrower fails to specify a currency in a Borrowing Notice requesting an Advance, then the Advance so requested shall be made in Dollars.
Appears in 1 contract
Samples: Credit Agreement (RXO, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Subject to all of the terms and conditions of this Credit Agreement, each Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Rate Advance, the Interest Period and (y) in the case of applicable thereto, for each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect time made to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretionit. The A Borrower shall give the Administrative Agent an irrevocable written notice substantially in the form of Exhibit E hereto (a “Borrowing Notice”) not later than 11:00 a.m. 1:00 P.M. (Local TimeNew York City time) (1) on the Borrowing Date of each Floating Rate Advance denominated in Dollars, (other than a Swing Line Loan)2) five Business Days before the Borrowing Date for each Floating Rate Advance denominated in Sterling, three (3) three Business Days before the Borrowing Date for each Eurocurrency Rate Advance denominated in Dollars Dollars, and four (4) four Business Days before the Borrowing Date for each Eurocurrency Rate Advance denominated in an Agreed Currency other than Dollars, specifying. A Borrowing Notice shall in accordance with all the terms and conditions of this Credit Agreement specify:
(ai) the Borrower to which such Advance is to be made;
(ii) the Borrowing Date, which shall be a Business Day, of such Advance,;
(biii) the Class Type of Advance selected;
(iv) the Agreed Currency of such Advance,;
(cv) the aggregate amount of such Advance,;
(d) the Type of Advance selected,
(evi) in the case of each Eurocurrency Rate Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, ; and
(gvii) the payment instructions account information for the account of the Borrower to which such Advance that shall be credited. The Borrower may not select an Interest Period that ends after credited with the Maturity Dateproceeds of such Advance.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Term Benchmark Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all RFR Loans are only available under this Agreement as the result of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretionapplication of Section 3.
1. The Borrower shall give the Administrative Agent irrevocable written notice by an Authorized Officer (a “Borrowing Notice”) not later than 11:00 a.m. (Local TimeChicago time) on the Borrowing Date of each Floating Rate Advance and not later than 11:00 a.m. (other than a Swing Line Loan), three (3Chicago time) on the third U.S. Government Securities Business Days before Day preceding the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsTerm Benchmark Advance, specifying:
(ai) the Borrowing Date, which shall be a U.S. Government Securities Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Term Benchmark Advance, the Interest Period applicable thereto,
. Not later than noon (fChicago time) on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for funds immediately available to the account of the Borrower Administrative Agent most recently designated by it for such purpose by notice to which such Advance shall be creditedthe Lenders. The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. Notwithstanding anything herein to the contrary, no more than ten (10) Interest Periods may not select an Interest Period that ends after the Maturity Datebe outstanding at any time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Term Rate Advance, Alternative Currency Daily Rate Advance or Tranche B Same Day Multi-Currency Advance, the Agreed Currency and in the case of each Term Rate Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent (or in the case of a borrowing of a Tranche B Same Day Multi-Currency Advance, the London Sub-Agent with a copy to the Administrative Agent) irrevocable written notice notice, executed by two Authorized Officers, in substantially the form of Exhibit D or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as may be approved by the Administrative Agent) (a “Borrowing Notice”) (i) not later than 11:00 a.m. 4:00 p.m. (Local TimeNew York time) on the Borrowing Date of each Floating Base Rate Advance or Same Day Dollar Advance, (other ii) not later than a Swing Line Loan), 3:00 p.m. (New York time) at least three (3) Business Days before the Borrowing Date for each Eurocurrency Term Rate Advance denominated in Dollars and Dollars, (iii) not later than 3:00 p.m. (New York time) at least four (4) Business Days before the Borrowing Date for each Eurocurrency Term Rate Advance to be denominated in Euro or each Alternative Currency Daily Rate Advance, (iv) not later than 12:00 p.m. (London time) on the Borrowing Date for each Tranche B Same Day Multi-Currency Advance denominated in an Agreed Euro, and (v) not later than 1:00 p.m. (London time) on the Borrowing Date for each Tranche B Same Day Multi-Currency other than DollarsAdvance denominated in Sterling, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,;
(b) the Class of such Advance,
(c) the aggregate amount of such Advance,;
(c) the Class of Advance selected;
(d) the Type of Advance selected,;
(e) in the case of each Eurocurrency Tranche B Same Day Multi-Currency Advance and each Term Rate Advance, the Interest Period applicable thereto,Agreed Currency selected; and
(f) in the case of each Revolving Advance that is a Eurocurrency Term Rate Advance, the Agreed Currency Interest Period applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided provided, however, that there shall be no more than ten until the earlier to ----------------- occur of (10i) Interest Periods in effect with respect to ninety (90) days after the date hereof or (ii) the completion of the syndication of the Commitments (or for such shorter period as the Agent may agree), the Borrower will keep all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretiona Eurodollar Advance with an Interest Period of seven or fourteen days. The Borrower shall give the Administrative Agent irrevocable written notice (a “"Borrowing Notice”") not later than 11:00 10:00 a.m. (Local TimeChicago 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsEurodollar Advance, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
. Not later than noon (fChicago time) on each Borrowing Date, each Lender shall make available its Loan or Loans in funds immediately available in Chicago to the case of each Revolving Advance that is a Eurocurrency Advance, Agent at its address specified pursuant to Article XIII. The Agent will make the Agreed Currency applicable thereto, and
(g) funds so received from the payment instructions for the account of Lenders available to the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after at the Maturity DateAgent's aforesaid address.
Appears in 1 contract
Samples: Credit Agreement (Luiginos Inc)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) 10 Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local TimeChicago time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan), three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,
(ed) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto, and
(ge) the payment instructions for the account of the such Borrower to which such Advance shall be credited. The Borrower Borrowers may not select an Interest Period that ends after the Maturity Revolving Loan Termination Date.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each SOFR Advance or Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (which notice may be conditioned on the satisfaction or waiver (in accordance with Section 8.02) of the conditions set forth in Section 4.03) 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”) not later than 11:00 a.m. (Local TimeNew York time) on the Borrowing Date of each Floating Alternate Base Rate Advance and 11:00 a.m. (other than a Swing Line Loan), New York time) three (3) Business Days Days’ before the Borrowing Date for each SOFR Advance, SXXXX Advance or Eurocurrency Advance denominated in Dollars and four (4) Business Days Days’ before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifyinga Foreign Currency. A Borrowing Notice shall specify:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount and currency of such Advance,
(c) the aggregate amount Type of such Advance selected (which in the case of an Advance made in a Foreign Currency (other than Pounds Sterling) shall be a Eurocurrency Advance),
(d) the Type of Advance selected,
(e) in the case of each SOFR Advance and Eurocurrency Advance, the Interest Period applicable thereto,, and
(fe) in the case location and number of each Revolving the Borrower’s account to which proceeds of the Advance that are to be disbursed. If no Interest Period is a specified with respect to any requested SOFR Advance or Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower will be deemed to which such Advance shall be credited. The Borrower may not select have selected an Interest Period that ends after of one month’s duration. If the Maturity DateBorrower fails to specify a currency in a Borrowing Notice requesting an Advance, then the Advance so requested shall be made in Dollars.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Subject to all of the terms and conditions of this Credit Agreement, each Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Rate Advance, the Interest Period and (y) in the case of applicable thereto, for each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect time made to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretionit. The A Borrower shall give the Administrative Agent an irrevocable written notice substantially in the form of Exhibit E hereto (a “Borrowing Notice”) not later than 11:00 a.m. 1:00 P.M. (Local TimeNew York City time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan)Advance, three (3) Business Days before the Borrowing Date for each Eurocurrency Rate Advance denominated in Dollars Dollars, and four (4) Business Days before the Borrowing Date for each Eurocurrency Rate Advance denominated in an Agreed Currency other than Dollars, specifying. A Borrowing Notice shall in accordance with all the terms and conditions of this Credit Agreement specify:
(ai) the Borrower to which such Advance is to be made;
(ii) the Borrowing Date, which shall be a Business Day, of such Advance,;
(biii) the Class Type of Advance selected;
(iv) in the case of each Eurocurrency Rate Advance, the Agreed Currency of such Advance,;
(cv) the aggregate amount of such Advance,;
(d) the Type of Advance selected,
(evi) in the case of each Eurocurrency Rate Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, ; and
(gvii) the payment instructions account information for the account of the Borrower to which such Advance that shall be credited. The Borrower may not select an Interest Period that ends after credited with the Maturity Dateproceeds of such Advance.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency EurodollarEurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice in the form of Exhibit D (a “Borrowing Borrowing/Conversion/Continuation Notice”) not later than 11:00 a.m. (Local TimeMinneapolis time) on the Borrowing Date of each Floating Base Rate Advance (other than a Swing Line Loan)) and any EurodollarEurocurrency Advance in Dollars to be made on the OmnibusSecond Amendment Effective Date, three and not later than 11:00 a.m. (3Minneapolis time) (x) two (2) Business Days before the Borrowing Date for each Eurocurrency EurodollarEurocurrency Advance denominated in Dollars (other than any EurodollarEurocurrency Advance to be made on the OmnibusSecond Amendment Effective Date), and (y) four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,, and
(diii) the Type of Advance selected,., and
(eiv) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) 5 Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) not later than 11:00 10:00 a.m. (Local TimeChicago, 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsEurodollar Advance, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type and Class of Advance selected,, and
(eiv) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
. Not later than 12:00 noon (fChicago, Illinois time) on each Borrowing Date, each Lender shall make available its Loan or Loans in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for federal or other funds immediately available to the account of the Borrower Administrative Agent most recently designated by it for such purpose by notice to which such Advance the Lenders provided, that Term Loans shall be creditedmade as provided in Section 2.1(b). The Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower may not select by crediting the amounts so received, in like funds, to an Interest Period that ends after account of the Maturity DateBorrower maintained with the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Chemed Corp)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) 10 Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan), three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,
(ed) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto, and
(ge) the payment instructions for the account of the such Borrower to which such Advance shall be credited. The Borrower Borrowers may not select an Interest Period that ends after the Maturity Revolving Loan Termination Date.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) in a form acceptable to the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by an Authorized Officer of the Borrower, not later than 11:00 a.m. (Local Time) 12:00 noon, New York City 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before Eurodollar Advance; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifyingNotice. Each such notice shall specify:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,, and
(ed) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
(f) . Not later than 2:00 p.m., New York City time, on each Borrowing Date, each Lender shall make available its Revolving Loan or Revolving Loans in funds immediately available to the case of each Revolving Advance that is a Eurocurrency Advance, Administrative Agent at its address specified pursuant to Article 13. The Administrative Agent will make the Agreed Currency applicable thereto, and
(g) funds so received from the payment instructions for the account of Lenders available to the Borrower to which such Advance in an account designated in writing by the Borrower. Borrower shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Datehave more than 8 Eurodollar Advances outstanding at one time.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) desired on the Closing Date and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to timethereto; provided that there shall be no more than ten three (103) Interest Periods in effect with respect to all of the Loans of the Borrower 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 written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local TimeNew York time) on the Borrowing Closing Date of each if the Loans are to be made as a Floating Rate Advance and (other than unless the Lenders agree to a Swing Line Loan), shorter time period) three (3) Business Days before the Borrowing Closing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before if the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsLoans are to be made as one or more Eurodollar Advances, specifying:
(ai) the Borrowing Closing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
(f) in the case . The Agent shall provide written notice of each Revolving request for borrowing under this Section 2.11 by 11:00 a.m. (New York time) (or, if later, within one hour after receipt of the applicable Borrowing Notice from the Borrower) on the Closing Date for each Floating Rate Advance that is or (unless the Lenders agree to a Eurocurrency shorter time period) on the third Business Day prior to the Closing Date for each Eurodollar Advance, as applicable. Not later than 1:00 p.m. (New York time) on the Agreed Currency applicable theretoClosing Date, and
(g) each Lender shall make available its Loans in Federal or other funds immediately available in New York to the payment instructions for Agent at its address specified pursuant to Article XIII. The Agent will promptly make the account of funds so received from the Lenders available to the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after at the Maturity DateAgent’s aforesaid address.
Appears in 1 contract
Samples: Credit Agreement (Ameren Corp)
Method of Selecting Types and Interest Periods for New Advances. The A Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurodollar Advance and Eurocurrency Advance, the Interest Period and (y) in the case of applicable to each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided , provided, however, that there shall be no more than ten (10) Interest Periods in effect with respect to all of unless the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretiondiscretion shall have consented, a Borrower may not select an Interest Period of longer than 7 days until the date the Agent shall have determined that the syndication of the Commitments under this Agreement is complete. The A Borrower shall give the Administrative Agent irrevocable written notice (a “"Borrowing Notice”") not later than 11:00 a.m. (Local TimeDetroit time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan)Advance, three (3) Business Days before the Borrowing Date for each Eurodollar Advance, and four Business Days before the Borrowing Date for each Eurocurrency Advance denominated (which in Dollars and four (4) Business Days before each case the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsAgent will promptly forward to the appropriate Lenders), specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,
(eiv) in the case of each Eurodollar Advance or Eurocurrency Advance, the Interest Period applicable thereto,
(fv) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, Eurocurrency of such Advance; and
(gvi) payment and wiring instructions. Not later than 2:00 p.m. (Detroit time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available in Detroit to the payment instructions for Agent at its address specified pursuant to Section 12.4, provided, however, that in the account case of the Borrower to which such Advance Eurocurrency Loans, each Lender shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.make
Appears in 1 contract
Samples: Credit Agreement (Lason Inc)
Method of Selecting Types and Interest Periods for New Advances. The Other than with respect to Swing Line Loans (which shall be governed by Section 2.2), the applicable Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The applicable Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”) it being understood and agreed that (i) any such notice in respect of an Advance denominated in Dollars may be initially delivered via telephone (promptly confirmed by hand delivery, telecopy or electronic mail to the Administrative Agent of a written notice in a form approved by the Administrative Agent and signed by the applicable Borrower) and (ii) any such notice respect of an Advance denominated in Foreign Currencies may only be made via a written notice in a form approved by the Administrative Agent and signed by such Borrower) not later than 11:00 10:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan)Advance, three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars Dollars, and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsForeign Currencies, specifying:
(ai) the name of the applicable Borrower,
(ii) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(ciii) the aggregate amount of such Advance,
(div) whether such Advance is to be comprised of Revolving Loans and/or Term Loans;
(v) the Type of Advance selected,, and
(evi) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 1 contract
Samples: Credit Agreement (Acuity Brands Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of applicable to each Revolving such Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided provided, however, that there unless the Agent otherwise consents, for the period ending on the earlier of (i) ninety days after the date hereof and (ii) the date on which the Agent has determined the syndication of the Loans has closed, the Borrower shall be no more than ten (10) Interest Periods in effect with respect to keep all of the Loans at any timein a Eurodollar Advance with a seven-day Interest Period which ends on the same date, unless in Alternate Base Rate Advances, or in a combination of Alternate Base Rate Advances and one Eurodollar Advance meeting the foregoing requirements; provided, further that after the close of such limit has been waived by the Administrative Agent in its sole discretionsyndication, no Eurodollar Loan may have an Interest Period of less than one month. The Borrower shall give the Administrative Agent irrevocable written notice (a “"Borrowing Notice”") not later than 11:00 10:00 a.m. (Local TimeChicago 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsEurodollar Advance, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,;
(b) the Class of such Advance,
(c) the aggregate amount of such Advance,;
(dc) the Type of Advance selected,; and
(ed) in the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
. Not later than noon (fChicago time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available in Chicago, to the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.Agent at its address specified
Appears in 1 contract
Samples: Credit Agreement (SPX Corp)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice in the form of Exhibit D (a “Borrowing Borrowing/Conversion/Continuation Notice”) not later than 11:00 a.m. (Local TimeMinneapolis time) on the Borrowing Date of each Floating Base Rate Advance (other than a Swing Line Loan)) and any Eurocurrency Advance in Dollars to be made on the Second Amendment Effective Date, three and not later than 11:00 a.m. (3Minneapolis time) (x) two (2) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars (other than any Eurocurrency Advance to be made on the Second Amendment Effective Date), and (y) four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto. Not later than 1:00 p.m. (Minneapolis time) on each Borrowing Date, and
(g) each Lender shall make available its Loan or Loans in funds immediately available to the payment instructions for Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will promptly make the account of funds so received from the Lenders available to the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after on the Maturity DateBorrowing Date at the Administrative Agent’s aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency LIBOR Rate Advance, the LIBOR Interest Period and (y) in the case of applicable to each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods time in effect accordance with respect to all of the Loans at any timethis Section or Section 2.10, unless such limit has been waived by the Administrative Agent in its sole discretionas applicable. The Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”) in the form attached as Exhibit F and made a part hereof (i) not later than 11:00 a.m. (Local Time) 1:00 p.m. New York, New York time on the Business Day immediately preceding the Borrowing Date of each Floating Rate Advance and (other ii) not later than a Swing Line Loan)10:00 a.m. New York, New York time, at least three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsLIBOR Rate Advance, specifyingwhich shall specify:
(ai) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(cii) the aggregate amount of such Advance,
(diii) the Type of Advance selected,, and
(eiv) in the case of each Eurocurrency LIBOR Rate Advance, the LIBOR Interest Period applicable thereto,
. Each Lender shall make available its Loan or Loans, in funds immediately available in New York, New York to the Administrative Agent at its address specified pursuant to Article XIII on each Borrowing Date not later than noon (f) in New York, New York time). The Administrative Agent will make the case of each Revolving Advance that is a Eurocurrency Advance, funds so received from the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of Lenders available to the Borrower to which such Advance shall be creditedat the Administrative Agent’s aforesaid address. The Borrower may not select an No LIBOR Interest Period that ends may end after the Maturity DateFacility Termination Date and, unless the Required Lenders otherwise agree in writing, in no event may there be more than seven (7) 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 Borrowers shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that , provided, however, there shall may be no more than ten five (105) different Interest Periods for Eurodollar Advances outstanding at the same time (for which purpose Interest Periods described in effect with respect to all the definition of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretionterm "Interest Period" shall be deemed to be different Interest Periods even if they are coterminous). The Borrower Borrowers shall give the Administrative Agent irrevocable written notice (a “"Borrowing Notice”") not later than 11:00 10:00 a.m. (Local TimeColumbus 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 Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than DollarsEurodollar Advance, specifying:
(ai) the The Borrowing Date, which shall be a Business Day, of such Advance,.
(bii) the Class of such Advance,
(c) the The aggregate amount of such Advance,.
(diii) the The Class and Type of Advance selected,.
(eiv) in In the case of each Eurocurrency Eurodollar Advance, the Interest Period applicable thereto,
(f) . If no election as to Type of Advance is specified in the case of each Revolving Advance that is a Eurocurrency AdvanceBorrowing Notice, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such requested Advance shall be crediteda Floating Rate Advance. Not later than noon (Columbus time) on each Borrowing Date, each Lender shall make available its Loan or Loans in funds immediately available in Columbus to the Agent at its address specified pursuant to Article XIII. The Borrower may not select an Interest Period that ends after Agent will make the Maturity Datefunds so received from the Lenders available to the Borrowers at the Agent's aforesaid address.
Appears in 1 contract
Samples: Credit Agreement (MPW Industrial Services Group Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written (and, in the case of a Swingline Borrowing, the applicable Swingline Lender) 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”) not later than 11:00 a.m. (Local TimePacific time) on the Borrowing Date of each Floating Alternate Base Rate Advance Advance, 12:00 p.m. (other than a Swing Line Loan), London time) on the Borrowing Date of each Swingline Borrowing and 11:00 a.m. (Pacific time) three (3) Business Days Days’ before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days Days’ before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed a Foreign Currency (other than Dollars, specifyingSwingline Borrowings). A Borrowing Notice shall specify:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount and currency of such Advance,
(c) the aggregate amount Type of such Advance selected (which in the case of an Advance made in a Foreign Currency shall be a Eurocurrency Advance),
(d) the Type of whether such Advance selectedshall be a Revolving Borrowing or a Swingline Borrowing,
(e) in the case of each Eurocurrency Advance, the 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. If no Interest Period is specified with respect to any requested Eurocurrency Advance, the Borrower will be deemed to have selected an Interest Period of one month’s (or, in the case of each Revolving Advance that is a Eurocurrency AdvanceSwingline Borrowing, the Agreed Currency applicable thereto, and
(gone week’s) the payment instructions for the account of duration. If the Borrower fails to which such specify a currency in a Borrowing Notice requesting an Advance (other than a Swingline Borrowing), then the Advance so requested shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Datemade in Dollars.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line Loan), 12660163v2 three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,
(e) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice in the form of Exhibit C (a “Borrowing Notice”) not later than 11:00 a.m. (Local TimeMinneapolis time) on the Borrowing Date of each Floating Base Rate Advance (other than a Swing Line Loan), three (3) two Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and four (4) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in an Agreed Currency a currency other than Dollars, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount of such Advance,
(d) the Type of Advance selected,, and
(ed) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto. Promptly following receipt of a Borrowing Notice in accordance with this Section 2.8, and
(g) the payment instructions for the account Administrative Agent shall advise each Lender of the Borrower details thereof and of the amount of such Lender’s Loan to which such Advance be made as part of the requested borrowing. Not later than 2:00 p.m. (Minneapolis time) on each Borrowing Date, each Lender shall be creditedmake available its Loan or Loans in funds immediately available to the Administrative Agent at its address specified pursuant to Article XIII. The Administrative Agent will make the funds so received from the Lenders available to the Borrower may not select an Interest Period that ends after at the Maturity DateAdministrative Agent’s aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Company or the relevant Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the Loans at any time, unless such limit has been waived by the Administrative Agent in its sole discretion. The Company or the relevant Borrower shall give the Administrative Agent irrevocable written notice (a “Borrowing Notice”) not later than 11:00 a.m. (Local Time) on the Borrowing Date of each Floating Rate Advance (other than a Swing Line LoanSwingline Loans), not later than 12:00 p.m. three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars Dollars, and four not later than 11:00 a.m. (4London time) three (3) Business Days before the Borrowing Date for each Eurocurrency Multicurrency Advance denominated in an Agreed Currency other than Dollars, specifying:
(a) the Borrower;
(b) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class of such Advance,;
(c) the aggregate amount of such Advance,;
(d) the Type of Advance selected,;
(e) in the case of each Eurocurrency Advance, the Interest Period Period, and Agreed Currency applicable thereto,; and
(f) details relating to funds transfer for such Advance. The Company or the relevant Borrower shall give the Administrative Agent notice of its request not later than 11:00 a.m. on the same Business Day such Swingline Loan is requested to be made for each Swingline Loan in Dollars and not later than 10:00 a.m. London time on the case of same Business Day such Swingline Loan is requested to be made for each Revolving Advance that is a Eurocurrency Advance, the Swingline Loan in any Agreed Currency applicable theretoother than Dollars. Not later than 1:00 p.m. on each Borrowing Date, and
(g) each Lender shall make available its Loan or Loans in funds immediately available to the payment instructions for the account of the Borrower Administrative Agent at its address specified pursuant to which such Advance shall be creditedArticle XIII. The Administrative Agent will make the funds so received from the Lenders available to the applicable Borrower may not select an Interest Period that ends after at the Maturity DateAdministrative Agent’s aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Class and Type of each Advance and (x) and, in the case of each Eurocurrency Advance, the Interest Period and (y) in the case of each Revolving Advance that is a Eurocurrency Advance, the Agreed Currency (provided that for Dollar Revolving Advances, such Agreed Currency may only be Dollars) to the extent applicable thereto from time to time; provided that there shall be no more than ten (10) Interest Periods in effect with respect to all of the 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 written notice in substantially the form of Exhibit G (a an “Advance Borrowing Notice”) not later than 11:00 a.m. noon (Local TimeNew York time) on the Borrowing Date of each Floating Base Rate Advance Advance, not later than 3:00 p.m. (other than a Swing Line Loan), New York time) at least three (3) Business Days before the Borrowing Date for each Eurocurrency Advance denominated in Dollars and not later than 3:00 p.m. (New York time) at least four (4) Business Days before the Borrowing Date for each Eurocurrency Advance to be made by a Multi-Currency Lender denominated in an Agreed Currency other than Dollars, specifying:
(a) the Borrowing Date, which shall be a Business Day, of such Advance,
(b) the Class aggregate amount of such Advance,
(c) the aggregate amount Class of such AdvanceAdvance selected,
(d) the Type of Advance selected,selected and
(e) in the case of each Eurocurrency Advance, the Interest Period applicable thereto,
(f) in the case of each Revolving Advance that is a Eurocurrency Advance, the and Agreed Currency applicable thereto, and
(g) the payment instructions for the account of the Borrower to which such Advance shall be credited. The Borrower may not select an Interest Period that ends after the Maturity Date.
Appears in 1 contract