Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Borrower shall give the Agent irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 a.m. (Chicago time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, and (y) the third Business Day before the Borrowing Date for each Eurocurrency Advance, specifying: (a) the Borrowing Date of such Ratable Advance, which shall be a Business Day, (b) the aggregate amount of such Ratable Advance, (c) the Type of such Ratable Advance, and (d) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. On each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address.
Appears in 3 contracts
Samples: Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric Co), Long Term Credit Agreement (Emerson Electric Co)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and 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 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 “Ratable Borrowing Notice”) not later than 10:00 a.m. 12:00 noon (Chicago time) on (x) the Borrowing Date of each Base Floating Rate Advance which is (other than a Ratable Advance, Swing Line Loan) and three (y3) the third Business Day Days before the Borrowing Date for each Eurocurrency Eurodollar Advance, specifying:
(ai) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day, of such Advance,
(bii) the aggregate amount of such Ratable Advance,
(ciii) the Type of such Ratable AdvanceAdvance selected, and
(div) in the case of each Eurocurrency Eurodollar Advance, the Interest Period and Agreed Currency applicable thereto. On Notwithstanding the foregoing, to the extent the Agent and the Lenders shall have received an indemnification substantially consistent with the terms of Section 3.4 not less than three (3) Business Days prior to the Restatement Effective Date, Revolving Advances made on the Restatement Effective Date shall be Eurodollar Advances, to the extent requested by the Borrower. Not later than 2:00 p.m. (Chicago time) on each Borrowing Date, each Lender shall make available its Ratable Revolving Loan or Ratable Revolving Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in Federal or other funds immediately available in Chicago to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currencyArticle XIII. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid addressaddress in an account maintained and designated by the Borrower.
Appears in 3 contracts
Samples: Five Year Revolving Credit Agreement, Five Year Revolving Credit Agreement (United Stationers Inc), Five Year Revolving Credit Agreement (United Stationers Inc)
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Type of Ratable Advance and, in the case of each Alternate Currency Advance and Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto to each Advance from time to time. The applicable Borrower shall give the Administrative Agent or applicable Alternate Currency Agent an irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 a.m. (Chicago time) on (x) the Borrowing Date of each Base Rate Advance which , or, if such Borrower is a Ratable AdvanceBorrowing Subsidiary, and (y) the third Business Day before the Borrowing Date for each Eurocurrency Advance, specifying:
(a) the Borrowing Date Company may on behalf of such Ratable Advance, which shall be Borrowing Subsidiary give a Business Day,
(b) the aggregate amount of such Ratable Advance,
(c) the Type of such Ratable Advance, and
(d) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. On each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in DollarsNotice, not later than 11:00 a.m. (Chicago time) (x) on the Borrowing Date for each Alternate Base Rate Advance, (y) three Business Days before the Borrowing Date for each Eurocurrency Advance in funds immediately available to the Agent at its address specified pursuant to Section 9.01 Dollars, and (iiz) if such Ratable Loan is denominated four Business Days before the Borrowing Date for each Eurocurrency Advance in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, Dollars and each Alternate Currency Advance (or such other period as may be specified in the city applicable Alternate Currency Addendum), provided that there shall be no more than six (6) Interest Periods in effect with respect to all of the Agent’s Eurocurrency Payment Office Loans at any time. A Borrowing Notice shall specify:
(i) the Borrowing Date, which shall be a Business Day, of such Advance;
(ii) the aggregate amount and the currency of such Advance, provided, that, if any Advance made (or to be made) on or after the Euro Implementation Date would, but for such currencythis provision, in such funds as may then be customary for the settlement capable of international transactions in such currency being made either in the city Euro or in the applicable National Currency Unit requested by the applicable Borrower, such Advance shall be made in the Euro;
(iii) the Type of Advance selected and at in respect of all Loans, the address currency thereof;
(iv) whether such borrowing is pursuant to a Revolving Loan or Alternate Currency Loan;
(v) in the case of each Alternate Currency Advance or Eurocurrency Advance, the Interest Period applicable thereto; and
(vi) the identity of the Agent’s Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid addressBorrower.
Appears in 2 contracts
Samples: Multicurrency Credit Agreement (Crane Co /De/), Multicurrency Credit Agreement (Crane Co /De/)
Method of Selecting Types and Interest Periods for New Advances. The Borrower Company shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to timethat applies. The Borrower shall give the Agent irrevocable notice Each request by Company for Revolving Loans (a “Ratable Borrowing Notice”) shall be in writing or by telephone and must be given so as to be received by Agent not later than 10:00 a.m. 11:00 A.M. (Chicago Minneapolis time) three Business Days before the requested Borrowing Date if all or any portion of the Revolving Loans are requested as Eurocurrency Advances and not later than 11:00 A.M. (Minneapolis time) on (x) the requested Borrowing Date of each if the Revolving Loans are requested as Base Rate Advance which is Advances (other than a Ratable Advance, Swingline Loan). Each request for Revolving Loans shall be irrevocable and (y) shall be deemed a representation by Borrowers that on the third Business Day before the requested Borrowing Date and after giving effect to the requested Revolving Loans the applicable conditions specified in Article III have been and will be satisfied. Each request for each Eurocurrency Advance, specifying:
any Advance shall specify (a) the requested Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day,
, of such Advance, (b) the Agreed Currency for each requested Revolving Loan, (c) the aggregate amount of the Advance to be made on such Ratable Advance,
(c) the Type date, which shall be in a minimum amount of such Ratable Advance$1,000,000 for Base Rate Advances or $5,000,000 for Eurocurrency Advances, and
(d) whether such Revolving Loans are to be funded as Base Rate Advances or Eurocurrency Advances (and, if such Revolving Loans are to be made with more than one applicable interest rate choice, specify the amount to which each interest rate choice applies), and (e) in the case of each Eurocurrency AdvanceAdvances, the duration of the initial Interest Period that applies to such Advance; provided that no Revolving Loans shall be funded as Eurocurrency Advances if an Event of Default exists. Agent may rely on any telephone request by Company for Revolving Loans that it believes in good faith to be genuine. Agent shall promptly notify each other Lender of the receipt of such request, the matters it specifies, and Agreed Currency applicable theretoof such Lender’s ratable share of any requested USD Tranche Revolving Loans and, in the case of a Multicurrency Tranche Lender, such Multicurrency Tranche Lender’s ratable share of any requested Multicurrency Tranche Revolving Loans. On each the specified Borrowing Date, each Lender shall make available provide its Ratable Loan or Ratable share of the requested Revolving Loans (i) if such Ratable Loan is denominated to Agent in Dollars, Immediately Available Funds not later than 11:00 a.m. 1:00 P.M. (Chicago Minneapolis time) in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency). Unless the Agent determines that any applicable condition specified in Article 3 III has not been satisfied, Agent shall make available to Company at Agent’s principal office in Minneapolis, Minnesota in Immediately Available Funds not later than 2:00 P.M. (Minneapolis time) on the requested Borrowing Date the amount of the requested Revolving Loans. If Agent will make has made a Revolving Loan to Company on behalf of a Lender but has not received the funds amount of such Revolving Loan from such Lender by the time this Agreement requires, such Lender shall pay interest to Agent on the amount so received advanced at the overnight Federal Funds Effective Rate from the Lenders available date of such Revolving Loan to the Borrower date funds are received by Agent from such Lender, such interest to be payable with such remittance from such Lender of the principal amount of such Revolving Loan (provided that Agent shall not make any Revolving Loan on behalf of a Lender if Agent has received prior notice from such Lender that it will not make such Revolving Loan). If Agent does not receive payment from such Lender by the next Business Day after the date of any Revolving Loan, Agent shall be entitled to recover such Revolving Loan, with interest thereon at the rate (or rates) then applicable to such Revolving Loan, on demand, from Company, without prejudice to Agent’s aforesaid addressand Company’s rights against such Lender. If such Lender pays Agent the amount this Agreement requires with interest at the overnight Federal Funds Effective Rate before Agent has recovered from Company, such Lender shall be entitled to the interest payable by Company with respect to the Revolving Loan in question accruing from the date Agent made such Revolving Loan.
Appears in 2 contracts
Samples: Credit Agreement (Life Time Fitness, Inc.), Credit Agreement (Life Time Fitness, Inc.)
Method of Selecting Types and Interest Periods for New Advances. Each Advance hereunder shall consist of Loans made from the several Lenders ratably in proportion to the ratio their respective Commitments bear to the Aggregate Commitment, except for Swingline Loans which shall be made by the Swingline Lender in accordance with Section 2.18. Each Advance shall be in the minimum amount of $1,000,000 or multiples of $250,000 in excess thereof; provided, however, that any Base Rate Advance may be in the amount of the unused Aggregate Commitment. The Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency LIBOR Rate Advance, the LIBOR Interest Period and Agreed Currency applicable thereto to each Advance from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Ratable Borrowing Notice”) in the form attached as Exhibit I (i) not later than 10:00 a.m. (Chicago time) 3:00 p.m. Cleveland time on (x) the Business Day immediately preceding the Borrowing Date of each Base Rate Advance which is a Ratable Advance(other than Swingline Advances), and (yii) the third not later than 10:00 a.m. Cleveland time, at least three (3) Business Day Days before the Borrowing Date for each Eurocurrency LIBOR Advance, specifyingand (iii) not later than 10:00 a.m. Cleveland, Ohio time on the same day as the Borrowing Date for each Swingline Advance, which shall specify:
(ai) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day,, of such Advance;
(bii) the aggregate amount of such Ratable Advance,;
(ciii) the Type of such Ratable Advance, Advance selected and;
(div) in the case of each Eurocurrency LIBOR Rate Advance, the LIBOR Interest Period and Agreed Currency applicable thereto. On The Administrative Agent shall provide a copy to the Lenders by facsimile of each Borrowing Date, Notice and each Conversion/Continuation Notice not later than the close of business on the Business Day it is received. Each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in DollarsLoans, not later than 11:00 a.m. (Chicago time) in funds immediately available in Cleveland to the Administrative Agent at its address specified pursuant to Section 9.01 and Article XIII on each Borrowing Date not later than (i) 10:00 a.m. (Cleveland time), in the case of Base Rate Advances which have been requested by a Borrowing Notice given to the Administrative Agent not later than 3:00 p.m. (Cleveland time) on the Business Day immediately preceding such Borrowing Date, or (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local noon (Cleveland time, ) in the city case of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currencyall other Advances. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s aforesaid address. No LIBOR Interest Period may end after the Facility Termination Date and, unless the Lenders otherwise agree in writing, in no event may there be more than six (6) different LIBOR Interest Periods for LIBOR Advances outstanding at any one time.
Appears in 2 contracts
Samples: Credit Agreement (Inland Diversified Real Estate Trust, Inc.), Credit Agreement (Inland Diversified Real Estate Trust, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Company or the relevant Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Company or the relevant Borrower shall give the Administrative Agent irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 11:00 a.m. local time (Chicago timei) on (x) the Borrowing Date of each Base Floating Rate Advance which is a Ratable Advance(other than Swingline Loans), and (yii) the third three (3) Business Day Days before the Borrowing Date for each Eurocurrency AdvanceAdvance in Dollars, (iii) three (3) Business Days before the Borrowing Date for each Multicurrency Advance in an Agreed Currency of a country that is a member of OECD located in North America or Europe, and (iv) four (4) Business Days before the Borrowing Date for each Multicurrency Advance in any other Agreed Currency requiring such additional notice as determined by the Administrative Agent consistent with market practice, specifying:
(a) the Borrower;
(b) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day,, of such Advance;
(bc) the aggregate amount of such Ratable Advance,;
(cd) the Type of such Ratable Advance, andAdvance selected;
(de) 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. On The Company or the relevant Borrower shall give the Swingline Lender (with a copy to the Administrative Agent) notice of its request (x) 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, (y) not later than 10:00 a.m. local time on the same Business Day such Swingline Loan is requested to be made for each Swingline Loan in any Agreed Currency other than Dollars or Australian Dollars and (z) not later than 10:00 a.m. local time one (1) Business Day prior to the Borrowing Date of any Swingline Loan to be made in Australian Dollars (or two (2) Business Days prior if the relevant Borrower is domiciled in Australia). Not later than 1:00 p.m. local time on each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available to the Administrative Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Administrative Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currencyOffice. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Administrative Agent will make the funds so received from the Lenders available to the applicable Borrower at the Administrative Agent’s aforesaid address.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower Group shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Permitted Currency applicable thereto to each Advance from time to time. The Borrower Group shall give the Agent irrevocable notice (a “Ratable "Borrowing Notice”") not later than 10:00 a.m. (Chicago time) on at least one (x1) Business Day before the Borrowing Date of each Base Floating Rate Advance which is a Ratable Advance, and at least three (y3) the third Business Day Days before the Borrowing Date for each Eurocurrency Advance, specifying:
(a) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day,, of such Advance;
(b) the aggregate amount of Borrower which is to receive such Ratable Advance,Advance and the account to which such Advance is to be funded;
(c) the aggregate principal amount of such Advance;
(d) the Type of such Ratable Advance, Advance selected; and
(de) in the case of each Eurocurrency Advance, the Interest Period applicable thereto and, with respect to Revolving Loans, the Permitted Currency in which such Advance is to be made. In the case of Eurocurrency Advances (other than Eurodollar Advances), not later than 11:00 a.m. (London time) on the Borrowing Date thereof, each Lender shall make available its Eurocurrency Loan or Eurocurrency Loans, in funds immediately available in London, in (with respect to Revolving Loans) the Permitted Currency selected by Group, from the Lending Installation specified in Schedule 2.10 to the Agent at its London address specified in Schedule 2.10 or at any other Lending Installation of the Agent specified in writing by the Agent to the Lenders. In the case of Floating Rate Advances and Agreed Currency applicable thereto. On Eurodollar Advances, not later than noon (Chicago time) on each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in DollarsLoans, not later than 11:00 a.m. (Chicago time) in funds immediately available in Chicago, in Dollars, to the Agent at its Chicago address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency Schedule 2.10 or at any other than Dollars, no later than 11:00 a.m., local time, in the city Lending Installation of the Agent’s Eurocurrency Payment Office for such currency, Agent specified in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency. Unless writing by the Agent determines that any applicable condition specified in Article 3 has not been satisfied, to the Lenders. The Agent will make the funds so received from the Lenders available to the applicable Borrower at to the Agent’s aforesaid addressaccount specified in the Borrowing Notice, by 1:00 p.m. (Chicago time), with respect to Floating Rate Advances and Eurodollar Advances, and promptly following the receipt of the related Loan from each Lender, with respect to all other Advances.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The applicable Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The applicable Borrower shall give the Agent irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 a.m. (x) 1:00 p.m. (Chicago time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, and (y) 10:00 a.m. (Chicago time) on the third Business Day before the Borrowing Date for each Eurocurrency Advance, specifying:
(a) the name of the applicable Borrower,
(b) the Borrowing Date of such Ratable Advance, which shall be a Business Day,
(bc) the aggregate amount of such Ratable Advance,
(cd) the Type of such Ratable Advance, and
(de) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. On each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than (x) for any Base Rate Advance, 2:00 p.m. (Chicago time) and (y) for any Eurocurrency Advance, 11:00 a.m. (Chicago time) ), in each case, in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m.12:00 noon, local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Lenders available to the applicable Borrower at the Agent’s aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Borrower shall give the Agent irrevocable notice (a “Ratable "Borrowing Notice”") not later than 10:00 a.m. 12:00 noon (Chicago time) on (x) the Borrowing Date of each Base Floating Rate Advance which is a Ratable Advance, and (y) the third at least three Business Day Days before the Borrowing Date for each Eurocurrency AdvanceAdvance in Dollars and at least four Business Days before the Borrowing Date for each Eurocurrency Advance in Euro, specifying:
(ai) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day, of such Advance,
(bii) the aggregate amount of such Ratable Advance,
(ciii) the Type of such Ratable AdvanceAdvance selected, and
(div) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. On each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans Loans, (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (2:00 p.m., Chicago time) , in Federal or other funds immediately available to the Agent Agent, in Chicago, Illinois at its address specified in or pursuant to Section 9.01 and Article XIII and, (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no not later than 11:00 a.m.2:00 p.m., local time, in the city of the Agent’s 's Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s 's Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 IV has not been satisfied, the Agent will make the funds so received from the Lenders available to the Borrower at the Agent’s 's aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Except with respect to Swing Line Advances, the Parent Borrower or, with respect to the Revolving Subfacility only, the Subsidiary Borrower, shall select the Type of Ratable Advance and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Parent Borrower or, with respect to the Revolving Subfacility only, the Subsidiary Borrower, shall give the Administrative Agent irrevocable notice (a “Ratable "Borrowing Notice”") not later than 10:00 a.m. (Chicago Dallas time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, and (y) the third at least one Business Day before the Borrowing Date of each Floating Rate Advance and three Business Days before the Borrowing Date for each Eurocurrency Eurodollar Advance, specifying:
(ai) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day, of such Advance,
(bii) the aggregate amount of such Ratable Advance,
(ciii) the Type of such Ratable AdvanceAdvance selected, and
(div) in the case of each Eurocurrency Eurodollar Advance, the Interest Period and Agreed Currency applicable thereto. On Not later than noon (Dallas time) on each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available in Dallas to the Administrative Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currencyArticle XIII. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Administrative Agent will make the funds so received from the Lenders available to the Parent Borrower or, with respect to the Revolving Subfacility only, the Subsidiary Borrower, at the Administrative Agent’s 's aforesaid address. Notwithstanding anything to the contrary contained herein, no Eurodollar Advances shall be made until the earlier of the following has occurred: (a) the Administrative Agent has determined in its reasonable discretion that syndication of the Loans has been completed and (b) ninety (90) days after the date hereof.
Appears in 1 contract
Samples: Credit Agreement (Centex Construction Products Inc)
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Ratable Advance and, in the case of each SOFR Advance and each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (which notice may be conditioned on the satisfaction or waiver (in accordance with Section 8.02) of the conditions set forth in Section 4.03) 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 “Ratable Borrowing Notice”) not later than 10:00 11:00 a.m. (Chicago New York time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, 11:00 a.m. (New York time) three (3) Business Days’ before the Borrowing Date for each SOFR Advance and 11:00 a.m. (yNew York time) the third four (4) Business Day Days’ before the Borrowing Date for each Eurocurrency Advance, specifying. A Borrowing Notice shall specify:
(a) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day, of such Advance,
(b) the aggregate amount and currency of such Ratable Advance,
(c) the Type of such Ratable Advance selected (which in the case of an Advance made in Dollars shall be a Base Rate Advance or a SOFR Advance, andand in the case of an Advance made in Canadian Dollars shall be a Eurocurrency Advance),
(d) in the case of each SOFR Advance and each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto, and
(e) the location and number of the Borrower’s account to which proceeds of the Advance are to be disbursed. On If no Interest Period is specified with respect to any requested SOFR Advance or Eurocurrency Advance, the Borrower will be deemed to have selected, in each case, an Interest Period of one month’s duration. If the Borrower fails to specify a currency in a Borrowing DateNotice requesting an Advance, each Lender then the Advance so requested shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated be made in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address.
Appears in 1 contract
Samples: Credit Agreement (RXO, Inc.)
Method of Selecting Types and Interest Periods for New Advances. The Subject to Section 4.2(v), Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency AdvanceEurodollar Advance (other than a Swingline Loan), the Interest Period and Agreed Currency applicable thereto from time to time. The All Swingline Loans shall bear interest at the Eurodollar Market Index Rate. Borrower shall give the Agent irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 11:00 a.m. (Chicago time) on (x) the Borrowing Date of each Base Floating Rate Advance which is a Ratable Advance, and (y) the third each Swingline Loan and three Business Day Days before the Borrowing Date for each Eurocurrency AdvanceEurodollar Advance (other than a Swingline Loan), specifying:
(ai) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day, of such Advance,
(bii) the aggregate amount of such Ratable Advance,
(ciii) the Type of such Ratable AdvanceAdvance selected, and
(div) in the case of each Eurocurrency AdvanceEurodollar Advance (other than a Swingline Loan), the Interest Period and Agreed Currency applicable thereto. On Not later than 1:00 p.m. on each Borrowing DateDate for each Revolving Loan, each Lender shall make available its Ratable Revolving Loan or Ratable Revolving Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currencyArticle XIII. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Agent will promptly make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address. Not later than 1:00 p.m. on each Borrowing Date for each Swingline Loan, the Swingline Lender shall make available its Swingline Loan in funds immediately available to Borrower at the Agent’s aforesaid address. If the Borrower fails to specify a Type of Advance in a Borrowing Notice, then the applicable Advance shall be made as a Floating Rate Advance; provided, however, if the Borrower cannot satisfy the conditions precedent set forth in Section 4.2(v), such applicable Advance shall be made as a Eurodollar Advance with an Interest Period of one month. If the Borrower requests a Eurodollar Advance but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Borrower shall give the Agent irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 a.m. (Chicago time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, and (y) the third Business Day before the Borrowing Date for each Eurocurrency Advance, specifying:
(a) the Borrowing Date of such Ratable Advance, which shall be a Business Day,
(b) the aggregate amount of such Ratable Advance,
(c) the Type of such Ratable Advance, and
(d) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. On each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. 12:00 noon (Chicago time) in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m.12:00 noon, local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Borrower shall give the Agent irrevocable notice (a “Ratable Borrowing Notice”) not later than 10:00 a.m. (Chicago time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, and (y) the third Business Day before the Borrowing Date for each Eurocurrency Advance, specifying:
(a) the Borrowing Date of such Ratable Advance, which shall be a Business Day,
(b) the aggregate amount of such Ratable Advance,
(c) the Type of such Ratable Advance, and
(d) in the case of each Eurocurrency Advance, the Interest Period and Agreed Currency applicable thereto. On each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available to the Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currency. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Lenders available to the Borrower at the Agent’s aforesaid address.
Appears in 1 contract
Method of Selecting Types and Interest Periods for New Advances. The Except with respect to Swing Line Advances, the Borrower shall select the Type of Ratable Advance and, in the case of each Eurocurrency Eurodollar Advance, the Interest Period and Agreed Currency applicable thereto from time to time. The Borrower shall give the Administrative Agent irrevocable notice (a “Ratable "Borrowing Notice”") not later than 10:00 a.m. (Chicago Dallas time) on (x) the Borrowing Date of each Base Rate Advance which is a Ratable Advance, and (y) the third at least one Business Day before the Borrowing Date of each Floating Rate Advance and three Business Days before the Borrowing Date for each Eurocurrency Eurodollar Advance, specifying:
(ai) the Borrowing Date of such Ratable AdvanceDate, which shall be a Business Day, of such Advance,
(bii) the aggregate amount of such Ratable Advance,
(ciii) the Type of such Ratable AdvanceAdvance selected, and
(div) in the case of each Eurocurrency Eurodollar Advance, the Interest Period and Agreed Currency applicable thereto. On Not later than noon (Dallas time) on each Borrowing Date, each Lender shall make available its Ratable Loan or Ratable Loans (i) if such Ratable Loan is denominated in Dollars, not later than 11:00 a.m. (Chicago time) in funds immediately available in Dallas to the Administrative Agent at its address specified pursuant to Section 9.01 and (ii) if such Ratable Loan is denominated in an Agreed Currency other than Dollars, no later than 11:00 a.m., local time, in the city of the Agent’s Eurocurrency Payment Office for such currency, in such funds as may then be customary for the settlement of international transactions in such currency in the city of and at the address of the Agent’s Eurocurrency Payment Office for such currencyArticle XIII. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the The Administrative Agent will make the funds so received from the Lenders available to the Borrower at the Administrative Agent’s 's aforesaid address. 2.9. Conversion and Continuation of Outstanding Advances. Floating Rate Advances shall continue as Floating Rate Advances unless and until such Floating Rate Advances are converted into Eurodollar Advances pursuant to this Section 2.9 or are repaid in accordance with Section 2.7. Each Eurodollar Advance shall continue as a Eurodollar Advance until the end of the then applicable Interest Period therefor, at which time such Eurodollar Advance shall be automatically converted into a Floating Rate Advance unless (x) such Eurodollar Advance is or was repaid in accordance with Section 2.7 or (y) the Borrower shall have given the Administrative Agent a Conversion/Continuation Notice (as defined below) requesting that, at the end of such Interest Period, such Eurodollar Advance continue as a Eurodollar Advance for the same or another Interest Period. Subject to the terms of Section 2.6, the Borrower may elect from time to time to convert all or any part of a Floating Rate Advance (other than Swing Line Advances) into a Eurodollar Advance. The Borrower shall give the Administrative Agent irrevocable notice (a "Conversion/Continuation Notice") of each conversion of a Floating Rate Advance into a Eurodollar Advance or continuation of a Eurodollar Advance not later than 10:00 a.m. (Dallas time) at least three Business Days prior to the date of the requested conversion or continuation, specifying:
(i) the requested date, which shall be a Business Day, of such conversion or continuation,
(ii) the aggregate amount and Type of the Advance which is to be converted or continued, and
(iii) the amount of such Advance which is to be converted into or continued as a Eurodollar Advance and the duration of the Interest Period applicable thereto.
Appears in 1 contract
Samples: Credit Agreement (Centex Construction Products Inc)