Common use of Notice and Manner of Borrowing Clause in Contracts

Notice and Manner of Borrowing. Borrower shall give Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loan, such notice to indicate whether such Revolving Credit Loan shall be a Prime Rate Loan or Eurodollar Loan. Each of the foregoing notices (a "Borrowing Notice") must specify the date and the amount of such Revolving Credit Loan to the Agent and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In the case of a Eurodollar Loan, the Borrowing Notice shall be received not later than three (3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and in the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit Loan, each Bank will cause to be transmitted to the Agent, to an account designated by the Agent, in immediately available funds, such Bank's Pro Rata Share of such Revolving Credit Loan. After the Agent's receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, and upon fulfillment of the applicable conditions set forth in Article VI, the Agent will make such Revolving Credit Loan available to Borrower in immediately available funds by crediting the amount thereof to the accounts as designated by Borrower to Agent.

Notice and Manner of Borrowing. Borrower shall give Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loan, such notice to indicate indicate, in the case of a Revolving Credit Loan, whether such Revolving Credit Loan shall be a Prime Rate Loan or a Revolving Eurodollar Loan. Each of the foregoing notices (a "“Borrowing Notice"”) must specify the date and the amount of such Revolving Credit Loan to the Agent and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In the case of a Eurodollar Loan, the Borrowing Notice shall be received not later than three (3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and in selected, In the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit Loan, each Bank will cause to be transmitted to the Agent, to an account designated by the Agent, in immediately available funds, such Bank's ’s Pro Rata Share of such Revolving Credit Loan. After the Agent's ’s receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, and upon fulfillment of the applicable conditions set forth in Article VI, the Agent will make such Revolving Credit Loan available to Borrower in immediately available funds by crediting the amount thereof to the accounts as designated by Borrower to Agent.

Notice and Manner of Borrowing. The Borrower shall give the Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loans under this Agreement, on the Business Day of each ABR Loan, and at least three (3) Business Days before each Eurodollar Loan, specifying: (1) the date of such notice to indicate whether such Revolving Credit Loan (which shall be a Prime Rate Loan or Eurodollar Loan. Each of the foregoing notices Business Day); (a "Borrowing Notice"2) must specify the date and the amount of such Revolving Credit Loan; (3) the type of Loan to the Agent (whether an ABR Loan or a Eurodollar Loan); and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In (4) in the case of a Eurodollar Loan, the Borrowing Notice duration of the Interest Period applicable thereto, provided, however, that (a) no Interest Period may extend beyond the earliest Termination Date to occur following such notice and (b) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All notices given by the Borrower under this Section 2.03 shall be received irrevocable and shall be given not later than three (3) Banking Days prior to 11:00 A.M. New York City time on the day specified above for such Eurodollar Loan and notice. The Agent shall specify the Interest Period selected and in the case notify each Lender of a Prime Rate Loan, the Borrowing Notice shall be received each such notice not later than noon (New York time) City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such proposed Prime Rate Loannotice as soon as practicable but not later than noon New York City time on the next succeeding Business Day. Not later than 1:00 P.M. (New York time) City time on the date of a Revolving Credit Loansuch Loans, each Bank Lender will cause to be transmitted make available to the Agent, to an account designated by the Agent, Agent in immediately available funds, such Bank's Lender’s Pro Rata Share of such Revolving Credit LoanLoans. After the Agent's ’s receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, such Loans and upon fulfillment of the applicable conditions set forth in Article VIIII, the Agent will make such Revolving Credit Loan available to Borrower in immediately available funds by crediting shall promptly credit the amount thereof amounts so received to the accounts as designated by Borrower to Borrower’s account with the Agent.

Notice and Manner of Borrowing. Borrower shall give Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loan, such notice to indicate indicate, in the case of a Revolving Credit Loan, whether such Revolving Credit Loan shall be a Prime Rate Loan or a Revolving Eurodollar Rate Loan. Each of the foregoing notices (a "“Borrowing Notice"”) must specify the date and the amount of such Revolving Credit Loan to the Agent and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In the case of a Eurodollar Rate Loan, the Borrowing Notice shall be received not later than three (3) Banking Days prior to such Eurodollar Rate Loan and shall specify the Interest Period selected and in selected, In the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit Loan, each Bank will cause to be transmitted to the Agent, to an account designated by the Agent, in immediately available funds, such Bank's ’s Pro Rata Share of such Revolving Credit Loan. After the Agent's ’s receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, and upon fulfillment of the applicable conditions set forth in Article VI, the Agent will make such Revolving Credit Loan available to Borrower in immediately available funds by crediting the amount thereof to the accounts as designated by Borrower to Agent.

Notice and Manner of Borrowing. The Borrower shall give the Administrative Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loans under this Agreement prior to 12:00 noon on the day of each Base Rate Loan, such notice to indicate whether such Revolving Credit Loan shall be a Prime Rate Loan or Eurodollar and at least three (3) Business Days before each LIBOR Loan. Each of the foregoing notices , specifying: (a "Borrowing Notice"1) must specify the date and of such Loan; (2) the amount of such Revolving Credit Loan to Loan; (3) the type of Loan; and (4) in the case of a LIBOR Loan, the duration of the Interest Period applicable thereto, which notice shall be in form and content as set forth on Exhibit C hereto (a “Borrowing Notice”). The Administrative Agent and the Agent will shall promptly notify each Bank of its receipt by the Agent of a Borrowing Notice and of the contents thereofNotice. In the case of a Eurodollar Loan, the Borrowing Notice shall be received not Not later than three (3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and in the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) 1:00 p.m. on the date of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit Loan, each Bank will cause to be transmitted make available to the Administrative Agent at the Administrative Agent, to an account designated by the Agent, ’s Principal Office in immediately available funds, such Bank's ’s Pro Rata Share of such Revolving Credit Loan. After the Administrative Agent's ’s receipt of such funds, not later than 3:00 P.M. (New York time) 1:00 p.m. on the date of a such Revolving Credit Loan, Loan and upon fulfillment of the applicable conditions set forth in Article VISection 3, the Administrative Agent will make such Revolving Credit Loan available to the Borrower in immediately available funds by crediting the amount thereof to the accounts as designated by Borrower to following account with the Administrative Agent: Account styled Xxxx, Inc. Operating Account, No. 209908769. All times shall be based on Central Time. All Borrowing Notices shall be irrevocable and shall be given not later than 12:00 noon on the day which is not less than the number of Business Days specified above for such Borrowing Notice.

Notice and Manner of Borrowing. The Borrower shall give the Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D E hereto (irrevocable and effective upon receipt) of any Revolving Credit Loan, Loan by not later than 11:00 A.M. (New York time) on the date of such notice to indicate Revolving Credit Loan and whether such Revolving Credit Loan shall be a Prime Rate Loan or Eurodollar Loan. Each of the foregoing notices (a "Borrowing Notice") must specify the date and the amount of such Revolving Credit Loan to the Agent and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In the case of a Eurodollar Loan, Loan the Borrowing Notice shall be received not later than three (3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and in the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date of such proposed Prime Rate Loanselected. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit Loan, each Bank will cause to be transmitted to the Agent, to an the account designated by the Agentset forth below, in immediately available funds, funds such Bank's Pro Rata Share of such Revolving Credit Loan. After the Agent's receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, and upon fulfillment of the applicable conditions set forth in Article VI, the Agent will make such Revolving Credit Loan available to the Borrower in immediately available funds by crediting the amount thereof to the accounts Borrower's account or the account of a Consolidated Subsidiary as designated by the Borrower to with the Agent.. Chase Account No. 323-0922 17 (Borrower) Chase Account No. 323-092179 (Hosiery Division of Designers) Chase Account No. 323-092 144 (Designers) Chase Account No. 323-092209 (Segue)

Notice and Manner of Borrowing. The Borrower shall give the Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loans under this Agreement, on the Business Day of each ABR Loan, such notice to indicate whether such Revolving Credit Loan shall be a Prime Rate Loan or and at least three (3) Business Days before each Eurodollar Loan. Each of the foregoing notices , specifying: (a "Borrowing Notice"1) must specify the date and of such Loan; (2) the amount of such Revolving Credit Loan; (3) the type of Loan to the Agent (whether an ABR Loan or a Eurodollar Loan); and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In (4) in the case of a Eurodollar Loan, the Borrowing Notice duration of the Interest Period applicable thereto, provided, however, that (a) no Interest Period may extend beyond the Termination Date and (b) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All notices given by the Borrower under this Section 2.03 shall be received irrevocable and shall be given not later than three (3) Banking Days prior to 11:00 A.M. New York City time on the day specified above for such Eurodollar Loan and notice. The Agent shall specify the Interest Period selected and in the case notify each Lender of a Prime Rate Loan, the Borrowing Notice shall be received each such notice not later than noon (New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time) . In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York City time on the next succeeding Business Day. Not later than 2:00 P.M. New York City time on the date of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit LoanLoans, each Bank Lender will cause to be transmitted make available to the Agent, to an account designated by the Agent, Agent in immediately available funds, such Bank's Lender’s Pro Rata Share of such Revolving Credit LoanLoans. After the Agent's ’s receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, such Loans and upon fulfillment of the applicable conditions set forth in Article VIIII, the Agent will make such Revolving Credit Loan Loans available to the Borrower in immediately available funds by crediting the amount thereof to the accounts as designated by Borrower Borrower’s account with the Agent. The provisions of this Section 2.03 shall not apply to AgentSwing Line Loans.

Notice and Manner of Borrowing. (a) The Borrower may request a Loan hereunder (in accordance with the procedures more particularly set forth in Article IV hereof) by delivering to the Agent a completed Borrowing Base Certificate executed by its chief financial officer (or other officer whose authorization to so act shall give have been provided to the Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in writing) not later than 2:30 p.m. on the form Business Day of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loan, such notice to indicate whether such Revolving Credit Loan shall be a Prime Rate Loan or Eurodollar the requested Loan. Each such Borrowing Base Certificate shall be irrevocable. Unless the Agent elects the procedure set forth in Section 2.04(b) below, the Agent shall by 3:00 p.m. on the Business Day of the foregoing notices (a "Borrowing Notice") must specify the date and the amount receipt of such Revolving Credit request notify each other Bank of the proposed Loan. After receipt of a request for a Loan hereunder, each Bank shall make available to the Agent and by 4:00 p.m. on the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and Business Day of the contents thereof. In the case of a Eurodollar Loan, the Borrowing Notice shall be received not later than three (3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and in the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date receipt of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on request, into Account Number 2000000998262, at the date of a Revolving Credit Loan, each Bank will cause to be transmitted Agent's address in funds immediately available to the Agent, to an account designated by the Agent, in immediately available funds, such Bank's Pro Rata Share ratable share of such Revolving Credit Loan. After the Agent's Upon receipt of such fundsfunds by the Agent and upon satisfaction of all of the terms of this Agreement, not later than 3:00 P.M. (New York time) on the date including satisfaction of a Revolving Credit Loanall conditions precedent, and upon fulfillment of all of the applicable conditions set forth in Article VIIV hereof, the Agent will immediately make such Revolving Credit funds available to the Collateral Custodian for the benefit of the Borrower. The Agent shall have no obligation to make funds available to the Borrower in excess of amounts received by the Agent from the Banks. If one or more Banks fail to make available to the Agent such Bank(s) ratable share of any Loan as to which the Agent has advanced the full amount of the Loan requested by the Borrower, the Borrower shall be obligated to repay to the Agent for the Agent's account the amount, with interest at the rate applicable to the Loan, so advanced by the Agent and not advanced by the Bank(s) in amounts and at the times the Borrower otherwise would be obligated to repay such Loan. Unless the Agent shall have been notified by a Bank prior to 10:00 a.m. on the date such Bank's ratable share of any Loan is to be made by such Bank that such Bank does not intend to make such ratable share available to the Agent, the Agent may (but shall not be obligated to) assume that such Bank has made such proceeds available to the Agent on such date, and the Agent, in reliance upon such assumption may (but shall not be obligated to) make available to the Collateral Custodian on behalf of the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Agent by such Bank on the date the Loan is made, the Agent shall be entitled to recover such amount on demand from such Bank (or, if such Bank fails to pay such amount forthwith upon demand, from the Borrower) together with interest thereon at a rate per annum equal to the Federal Funds rate for each day during the period between the date that the Agent advances the Loan and the date on which the Bank makes its ratable share of the Loan available to the Agent. (b) The Agent, in its sole discretion, may elect not to notify the Banks immediately of Loan requests made by the Borrower, but may instead advance its own funds on a timely basis in response to such requests provided that the Agent has no actual knowledge that a Default or Event of Default exists hereunder and the Borrower is otherwise in conformance with the terms of this Agreement, and then provide notification and a request for funds to the Banks once each week on the same day, such day to be specified from time to time by the Agent to the other Banks in writing, in which case the Agent shall on the designated day (or if such day is not a Business Day, the next succeeding Business Day) not later than 11:00 a.m., notify each other Bank of the aggregate dollar amount of all Loans advanced by the Agent pursuant to Subsection (a) above during the immediately preceding week net of proceeds of sale of Mortgage Loans received during such week. By 2:00 p.m. on the same day, each Bank shall make available to the Agent, into Account Number 2000000998262, at the Agent's address, in funds immediately available funds by crediting the amount thereof to the accounts Agent, such Bank's ratable share of all such net Loans made during the previous week. If Loans have been advanced by the Agent without actual knowledge that a Default or Event of Default exists hereunder and any Bank fails to make available to the Agent any amounts so required to be paid, the Agent shall be entitled to recover such amount on demand from such Bank (or, if such Bank fails to pay such amount forthwith upon demand, from the Borrower) together with interest thereon at a rate per annum equal to the Federal Funds rate for each day during the period between the date that the Agent made demand on the Bank and the date on which the Bank makes its ratable share of the Loan or Loans available to the Agent. The Agent shall not use the weekly settlement procedure set forth in this Section 2.04(b) if Agent is not a Bank or, if any advance to be made pursuant thereto would, if made, cause the Agent (in its capacity as designated by Borrower a Bank) to Agentexceed its proportionate share of the Commitment.

Notice and Manner of Borrowing. The Borrower shall may give the Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D hereto (irrevocable and effective upon receipt) of any Revolving Credit Loans under this Agreement, on the day of borrowing as to each Prime Loan, such notice to indicate whether such Revolving Credit Loan shall be a Prime Rate Loan or Eurodollar and at least three (3) Business Days before each LIBOR Loan. Each of the foregoing notices , specifying: (a "Borrowing Notice"1) must specify the date and of such Loan; (2) the amount of such Revolving Credit Loan to Loan; (3) the type of Loan; (4) the purpose of such Loan; and (5) in the case of a LIBOR Loan, the duration of the Interest Period applicable thereto. The Agent and the Agent will shall promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereofeach such notice. In the case of a Eurodollar Loan, the Borrowing Notice shall be received not Not later than three (3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and 12:00 P.M. prevailing time in the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date of such proposed Prime Rate Loan. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit LoanLoans, each Bank will cause to be transmitted make available to the AgentAgent at 0000 Xxxxxx xx xxx Xxxxxxxx, to an account designated by the AgentXxx Xxxx, in Xxx Xxxx 00000 immediately available funds, such Bank's Pro Rata Share pro rata share of such Revolving Credit LoanLoans. After the Agent's receipt of such funds, not later than 3:00 3:30 P.M. (New York time) on the date of a such Revolving Credit Loan, Loans and upon fulfillment of the applicable conditions set forth in Article VIIII, the Agent will make such Revolving Credit Loan Loans available to the Borrower in immediately available funds by crediting the amount thereof to the accounts as designated by Borrower's account with the Agent. The Borrower shall give the Agent notice of the Term Loan under this Agreement, at least twenty (20) Business Days before each such Term Loan if all or a portion of such Loan is a Prime Loan, and at least twenty (20) Business Days before each such Term Loan if all or a portion of such Loan is a LIBOR Loan, specifying: (1) the amount of the Loan; (2) the portion of such Term Loan that will be a Prime or LIBOR Loan; and (3) in the case all or a portion of such Term Loan is a LIBOR Loan, the duration of the Interest Period applicable thereto. The Agent shall promptly notify each Bank of such notice. Not later than 12:00 P.M. prevailing time in New York on the date of such Term Loans, each Bank will make available to the Agent at 1185 Avenue of the Americas, Xxx Xxxx, Xxx Xxxx 00000 in immediately available funds, such Bank's pro rata share of such Term Loans. After the Agent's receipt of such funds, not later than 3:30 P.M. prevailing time in New York on the date of the Term Loans and upon fulfillment of the applicable conditions set forth in Article III, the Agent will make such Term Loans available to the Borrower and the proceeds of the Term Loans shall be applied to the extent required to the payment in full of the then outstanding Revolving Credit Loans of each Bank.

Notice and Manner of Borrowing. Borrower shall give Agent telephonic notice, to be followed by written or telegraphic or facsimile notice in the form of Exhibit D E hereto (irrevocable and effective upon receipt) of any Revolving Credit Loan by not later than 11:00 A.M. (New York time) on the date of such Revolving Credit Loan, such notice to indicate and whether such Revolving Credit Loan shall be a Prime Rate Loan or Eurodollar Loan. Each of the foregoing notices (a "Borrowing Notice") must specify the date and the amount of such Revolving Credit Loan to the Agent and the Agent will promptly notify each Bank of receipt by the Agent of a Borrowing Notice and of the contents thereof. In the case of a Eurodollar Loan, the Borrowing Notice shall be received not later than three (3three-(3) Banking Days prior to such Eurodollar Loan and shall specify the Interest Period selected and in the case of a Prime Rate Loan, the Borrowing Notice shall be received not later than noon (New York time) on the date of such proposed Prime Rate Loanselected. Not later than 1:00 P.M. (New York time) on the date of a Revolving Credit Loan, each Bank will cause to be transmitted to the Agent, to an the account designated by the Agentset forth below, in immediately available funds, such Bank's Pro Rata Share of such Revolving Credit Loan. After the Agent's receipt of such funds, not later than 3:00 P.M. (New York time) on the date of a Revolving Credit Loan, and upon fulfillment of the applicable conditions set forth in Article VI, the Agent will make such Revolving Credit Loan available to Borrower in immediately available funds by crediting the amount thereof to the following accounts of Borrower or the Restricted Subsidiary or other accounts at Chase as designated by Borrower to Agent.: Chase Account No. 323-092217 (Borrower) Chase Account No. 323-092209 (Segue) Chase Account No. 323-092144 (Designers) Chase Account No. 323-092233 (Brands) Chase Account No. 323-99999 (Vintage)