Common use of Notice and Manner of Borrowing or Conversion of Loans Clause in Contracts

Notice and Manner of Borrowing or Conversion of Loans. (a) Whenever the Borrower desires to obtain or continue a Loan hereunder or convert an outstanding Loan into a Loan of the other type provided for in this Agreement, the Borrower shall notify the Lender (which notice shall be irrevocable) by telecopy or telephone received no later than 1:00 p.m. Boston, Massachusetts time on the date on which the requested Loan is to be made or continued as or converted to a Base Rate Loan, and received no later than 1:00 p.m. Boston, Massachusetts time on the date 3 Business Days before the day on which the requested Loan is to be made or continued as or converted to a Eurodollar Loan, provided that no more than 6 Eurodollar Loans may be outstanding at any one time. Such notice by the Borrower shall specify (i) the effective date and amount of each Loan to be obtained, continued or converted (or portion thereof to be continued or converted, as the case may be), subject to the limitations set forth in Section 2.1, (ii) the interest rate option to be applicable thereto, and (iii) the duration of the applicable Interest Period, if any (subject to the provisions of the definition of Interest Period and Section 2.9). Each Eurodollar Loan must be for an amount equal to at least $500,000 and in additional increments of $100,000. Each such notification by telephone pursuant to Section 2.3 or this Section 2.4(a) (a “Notice of Borrowing or Conversion”) shall be immediately followed by a written confirmation thereof by the Borrower in substantially the form of Exhibit B hereto, provided that if such written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall be conclusive absent manifest error. (b) Subject to the terms and conditions hereof, the Lender shall make each Loan on the effective date specified therefor by crediting the amount of such Loan to the Borrower’s demand deposit account with the Lender.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.)

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Notice and Manner of Borrowing or Conversion of Loans. (a) Whenever the Borrower desires Borrowers desire to obtain or continue a Loan hereunder or convert an outstanding Loan into to a Loan of the other type provided for in this Agreementa different type, the Borrower they shall notify the Lender Bank (which notice shall be irrevocable) by telecopy or telephone received no later than 1:00 p.m. Boston, Massachusetts 10:30 a.m. Boston time (i) on the date on which of the requested action, with respect to a Loan is to be made made, continued or converted to a Prime Rate Loan, and (ii) not less than two, nor more than five, Business Days before the requested action, with respect to a Loan to be made, continued as or converted to a Base Rate LIBOR Loan, and received no later than 1:00 p.m. Boston, Massachusetts time on the date 3 Business Days before the day on which the requested Loan is to be made or continued as or converted to a Eurodollar Loan, provided that no more than 6 Eurodollar Loans may be outstanding at any one time. Such notice by the Borrower shall specify (iA) the effective date and amount of each Loan to be obtained, continued or converted (or portion thereof to be made, continued or converted, as the case may be), subject to the limitations set forth in Section 2.1, (iiB) the interest rate option to be applicable thereto, and (iiiC) the duration of the applicable Interest LIBOR Period, if any (subject to the provisions of the definition of Interest Period and Section 2.9). Each Eurodollar Loan must be for an amount equal to at least $500,000 and in additional increments of $100,000applicable. Each such notification by telephone pursuant to Section 2.3 or this Section 2.4(a) (a "Notice of Borrowing or Conversion") shall be immediately followed by a written confirmation thereof by the Borrower in substantially the form of Exhibit B hereto, provided that if such written confirmation differs in any material respect from the action taken by the Lender, the records of the Lender shall be conclusive absent manifest errorattached hereto as EXHIBIT 1.4. (b) Subject to the terms and conditions hereofLIBOR Terms, the Lender shall make each Borrowers may convert all or any part (in integral multiples of $100,000) of any outstanding Loan into a LIBOR Loan or a Prime Rate Loan, as the case may be, in the same aggregate principal amount, on any Business Day (which, in the case of a conversion of an existing LIBOR Loan, must be on the effective date specified therefor by crediting last day of the amount LIBOR Period applicable to such existing LIBOR Loan). (c) Notwithstanding the foregoing, no LIBOR Loan may be continued as such nor may any Prime Rate Loan be converted to a LIBOR Loan during the existence of a Default if the Bank has determined, in its sole discretion, not to permit such Loan to the Borrower’s demand deposit account with the Lendercontinuations and conversions.

Appears in 1 contract

Samples: Credit Agreement (Boston Beer Co Inc)

Notice and Manner of Borrowing or Conversion of Loans. (a) Whenever the Borrower Company desires to obtain or borrow, continue a Loan hereunder or convert an outstanding Loan into a Loan of the other another type provided for in this Agreement, the Borrower Company shall notify the Lender Bank (which notice shall be irrevocable) by telecopy telex, telegraph or telephone received no later than 1:00 p.m. 10:00 a.m. (Boston, Massachusetts time on time) (i) one Business Day before the date day on which the requested Loan is to be made or made, continued as or converted to a Base Rate Loan, and received no later than 1:00 p.m. Boston, Massachusetts time on the date 3 (ii) three Business Days before the day on which the requested Loan is to be made or made, continued as or converted to a Eurodollar Loan and (iii) on the day on which the requested Loan is to be made, continued as or converted to a Federal Funds Rate Loan, provided that no more than 6 Eurodollar Loans may be outstanding at any one time. Such notice by the Borrower shall specify (i) the effective date and amount of each Loan to be obtained, continued or converted (or portion thereof to be continued or converted, as the case may be), subject to the limitations set forth in Section 2.1, (ii) the applicable interest rate option to be applicable theretooption, and (iii) the duration of the applicable Interest Period, if any (subject to the provisions of the definition of Interest Period and Section 2.92.6). Each Eurodollar Loan must be for an amount equal to at least $500,000 and in additional increments of $100,000. Each such notification by telephone pursuant to Section 2.3 or this Section 2.4(a) (a "Notice of Borrowing or Conversion") shall be immediately followed by a written confirmation thereof by the Borrower Company in substantially the form of Exhibit B hereto, provided that if such written confirmation differs in any material respect from the action taken by the LenderBank, the records of the Lender Bank shall be conclusive control absent manifest error. (b) Subject to the terms and conditions hereof, the Lender Bank shall make each Loan on the effective date specified therefor by crediting the amount of such Loan to the Borrower’s Company's demand deposit account with the LenderBank.

Appears in 1 contract

Samples: Revolving Credit Agreement (Essex County Gas Company)

Notice and Manner of Borrowing or Conversion of Loans. (a) Whenever the Borrower Company or a Borrowing Subsidiary desires to obtain or continue a Loan hereunder or convert an outstanding Loan into a Loan of the other another type provided for in this Agreement, the Borrower Company or such Borrowing Subsidiary shall notify the Lender Agent (which notice shall be irrevocable) by telecopy telex, telegraph, telephone or telephone facsimile transmission received no later than 1:00 p.m. Boston, Massachusetts 10:00 a.m. Boston time (i) on the date on which the requested Loan is to be made or continued as or converted to a Base Rate Loan, ; and received no later than 1:00 p.m. Boston, Massachusetts time (ii) on the date 3 three Business Days before the day on which the requested Loan is to be made or continued as or converted to a Eurodollar Eurocurrency Loan, provided that no more than 6 Eurodollar Loans may be outstanding at any one time. Such notice by the Borrower shall specify (i) the effective date and amount of each Loan to be obtained, continued or converted (or portion thereof to be made, continued or converted, as the case may be), subject to the limitations set forth in Section 2.1, (ii) the interest rate option to be applicable thereto, and (iii) the duration of the applicable Interest Period, if any (subject to the provisions of the definition of Interest Period and Section 2.92.7). Each Eurodollar , and (iv) if such Loan must is to be for made as a Eurocurrency Loan in an amount equal to at least $500,000 and in additional increments of $100,000Alternative Currency, the currency thereof. Each such notification by telephone pursuant to Section 2.3 or this Section 2.4(a) (a “Notice of Borrowing or Conversion”"NOTICE OF BORROWING OR CONVERSION") shall be immediately followed by a written confirmation thereof by the Borrower Company or such Borrowing Subsidiary in substantially the form of Exhibit B EXHIBIT E hereto, provided PROVIDED that if such written confirmation differs in any material respect from the action taken by the LenderAgent, the records of the Lender Agent shall be conclusive control absent manifest error. (b) Subject to the terms and conditions hereof, the Lender Agent shall make each Loan on the effective date specified therefor by crediting the amount of such Loan to the Borrower’s demand deposit account with of the LenderCompany maintained at the Agent's Head Office, or to such other account as such Borrowing Subsidiary shall direct, in immediately available funds (or, in the case of Eurocurrency Loans denominated in an Alternative Currency, in such funds as may then be customary for the settlement of transactions in the Alternative Currency).

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Picturetel Corp)

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Notice and Manner of Borrowing or Conversion of Loans. (a) Whenever the Borrower desires to obtain or borrow, continue a Loan hereunder or convert an outstanding Loan into a Loan of the other another type provided for in this Agreement, the Borrower shall notify the Lender Bank (which notice shall be irrevocable) by telecopy telephone or telephone facsimile transmission received no later than 1:00 p.m. (Boston, Massachusetts time on time) (i) one Business Day before the date day on which the requested Loan is to be made or made, continued as or converted to a Base Rate Loan, and received no later than 1:00 p.m. Boston, Massachusetts time on the date 3 (ii) three Business Days before the day on which the requested Loan is to be made or made, continued as or converted to a Eurodollar Loan, provided that no more than 6 Eurodollar Loans may be outstanding at any one time. Such notice by the Borrower shall specify (i) the effective date and amount of each Loan to be obtained, continued or converted (or portion thereof to be continued or converted, as the case may be), subject to the limitations set forth in Section 2.1, (ii) the applicable interest rate option to be applicable theretooption, and (iii) the duration of the applicable Interest Period, if any (subject to the provisions of the definition of Interest Period and Section 2.92.6). Each Eurodollar Loan must be for an amount equal to at least $500,000 and in additional increments of $100,000. Each such notification by telephone pursuant to Section 2.3 or this Section 2.4(a) (a "Notice of Borrowing or Conversion") shall be immediately followed by a written confirmation thereof by the Borrower in substantially the form of Exhibit B hereto, provided that if such written confirmation differs in any material respect from the action taken by the LenderBank, the records of the Lender Bank shall be conclusive absent manifest errorconstitute a rebuttable presumption of the correctness of such actions. (b) Subject to the terms and conditions hereof, the Lender Bank shall make each Loan on the effective date specified therefor by crediting the amount of such Loan in immediately available funds to such account as may be designated by the Borrower’s demand deposit account with Borrower in the Lenderapplicable Notice of Borrowing or Conversion.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Empire State Corp)

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