Notice of Borrowing; Borrower’s Certificate Sample Clauses

Notice of Borrowing; Borrower’s Certificate. (a) Subject to Section 3.2(e) hereof, whenever a Borrower desires to make a borrowing of a Revolving Advance (other than the initial Revolving Advance), it shall give the Agent, at its address set forth in Section 12.4 hereof, not later than 12:00 noon (New York time), at least three (3) Business Days' prior Written Notice (or same day prior Written Notice in the case of a Revolving Advance which shall be a Base Rate Advance) from an Authorized Representative (which notice shall be irrevocable) of its desire to make a borrowing of a Revolving Advance. Each notice of borrowing under this Section 2.4(a) shall be substantially in the form of Exhibit 2.4 hereto (each a "Borrower's Certificate") and specify the date on which the applicable Borrower desires to make a borrowing of a Revolving Advance (which in each instance shall be a Business Day), the amount of such borrowing, whether such borrowing shall be a Base Rate Advance or a Eurodollar Advance or a combination thereof, and, in the case of the selection of a Eurodollar Advance, the proposed Interest Period therefor, and shall refer to the most recent Borrowing Base Certificate delivered by the Company to the Agent pursuant to Section 8.1(p) hereof or at the request of the Agent and set forth the applicable Borrowing Base provided therein. If such notice shall be with respect to a borrowing of a Eurodollar Advance but fails to state an applicable Interest Period therefor, then such notice shall be deemed to be a request for a one-month Interest Period. If (x) the applicable Borrower shall fail to state in any such notice whether such Revolving Advance shall be a Base Rate Advance or a Eurodollar Advance or (y) the Company shall be deemed to make a borrowing of a Revolving Advance pursuant to Section 2A.4 hereof, then the applicable Borrower shall be deemed to have selected a Base Rate Advance. Subject to the other provisions of this Agreement, Revolving Advances of more than one type may be outstanding at the same time; provided, however, that no more than six (6) Eurodollar Advances in the aggregate may be outstanding at any one time.
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Notice of Borrowing; Borrower’s Certificate. Whenever the Borrowers desire a Revolving Advance be made, the Borrower Representative shall give the Lender, not later than 11:00 a.m. (New York time) on the Business Day of the proposed Funding Date of such Revolving Advance, Written Notice or telephonic notice from an Authorized Representative confirmed promptly by a Written Notice (which notice, in each case, shall be irrevocable) of the desire to make a borrowing of a Revolving Advance. Each notice of borrowing under this Section 1.03 shall (i) be signed by an Authorized Representative of the Borrower Representative, and (ii) be substantially in the form of Exhibit VII-B hereto (each, a “Borrower’s Certificate”) and specify the date on which the Borrowers desire to make a borrowing of a Revolving Advance (which in each instance shall be a Funding Date), the amount of the proposed Revolving Advance and shall have attached to it the most recent Borrowing Base Certificate.
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Notice of Borrowing; Borrower’s Certificate. Whenever the Borrower desires a Revolving Advance to be made, the Borrower shall give the Lender two Business Days' prior Written Notice not later than 11:00 a.m. (New York time), or telephonic notice from an Authorized Representative confirmed promptly by a Written Notice, (which, in each case, shall be irrevocable) of its desire for a Revolving Advance. Each notice of borrowing under this Section 1.03 shall be substantially in the form of Exhibit VII-B hereto (each a "Borrower's Certificate") and specify the date on which the Borrower desires to make a borrowing of a Revolving Advance (which in each instance shall be a Funding Date) and the amount of such borrowing. The Borrower shall attach the most recent Borrowing Base Certificate to the Borrower's Certificate.
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Notice of Borrowing; Borrower’s Certificate. Whenever the Borrowers desire a Revolving Advance or Acquisition Advance be made, the Borrower Representative shall, not later than 2:00 p.m. (New York time) one Business Day prior to the proposed Funding Date of the Revolving Advance or Acquisition Advance, give the Agent, the Revolving Lender or Acquisition Lender, or both, as the case may be, and the Program Manager Written Notice or telephonic notice from an Authorized Officer confirmed promptly by a Written Notice (which notice, in each case, shall be irrevocable) of the desire to make a borrowing of a Revolving Advance or Acquisition Advance. Each notice of borrowing under this Section 1.03 shall (i) be signed by each Borrower, and (ii) be substantially in the form of Exhibit VII-B hereto (each, a “Borrowers’ Certificate”) and specify the date on which the Borrowers desire to make a borrowing of a Revolving Advance or Acquisition Advance (which in each instance shall be a Funding Date), and the requested amount of the proposed Revolving Advance or Acquisition Advance. In addition, on the Business Day immediately prior to the proposed Funding Date, not later than 2:00 p.m. (New York time), the Borrower Representative shall deliver to the Agent a Borrowing Base Certificate or Acquisition Advance Limit Certificate, as the case may be, dated as of such date.
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Notice of Borrowing; Borrower’s Certificate. Except as provided in Section 3.2 hereof, whenever the Borrower desires to make a borrowing of a Revolving Loan, the US Borrower shall give the US Administrative Agent, at its address set forth in Section 12.4 hereof, not later than 12:00 noon (Chicago time), and the CAN Borrower shall give the CAN Administrative Agent, at its address set forth in Section 12.4 hereof, not later than 10:00 a.m. (Toronto time), at least three (or, in the case of a Revolving Loan which shall be a Base Rate Advance, one) Business Days' prior Written Notice or telephonic notice from an Authorized Representative confirmed promptly in writing (which notice shall be irrevocable) of its desire to make a borrowing of a Revolving Loan. Each notice of borrowing under this Section 2.14 shall be substantially in the form of Exhibit 2.14(a) hereto (each a "BORROWER'S CERTIFICATE") and specify the date on which the Borrower desires to make a borrowing of a Loan (which in each instance shall be a Business Day), the amount of
Sample 1
Notice of Borrowing; Borrower’s Certificate. Whenever the Borrowers desire to make a borrowing of a Revolving Advance on a Funding Date, the Authorized Representative of the Borrowers shall give the Lender not later than 11:00 a.m. (New York time), at least one Business Day's prior Written Notice or telephonic notice from an Authorized Representative of the Borrowers confirmed promptly in writing (which notice shall be irrevocable) of its desire to make a borrowing of a Revolving Advance. Each notice of borrowing under this Section 1.03 shall be substantially in the form of Exhibit XII hereto (each a "Borrowers' Certificate") and specify the date on which the Borrowers desire to make a borrowing of a Revolving Advance (which in each instance shall be a Funding Date) and the amount of such borrowing. The Authorized Representative of the Borrowers shall attach to the Borrowers' Certificate the Borrowing Base Certificate delivered by the Authorized Representative of the Borrowers to the Lender on the immediately prior Thursday (or, if such Thursday was not a Business Day, the next following date), which figures shall have been confirmed (and, if necessary, adjusted) by the Program Manager in consultation with the Borrowers. The Lender shall take all reasonable efforts to cause the Program Manager to examine and confirm information provided in each Borrowing Base Certificate within two Business Days of receipt thereof.
Sample 1
Notice of Borrowing; Borrower’s Certificate. Whenever the Borrower desires a Revolving Advance be made, the Borrower shall give the Lender, not later than 2:00 p.m. (New York time) one Business Day prior to the proposed Funding Date of the Revolving Advance, written notice, or telephonic notice from an Authorized Representative confirmed promptly by a Written Notice (which notice, in each case, shall be irrevocable) of its desire to make a borrowing of a Revolving Advance. Each notice of borrowing under this Section 1.03 shall (i) be signed by the Borrower, and (ii) be substantially in the form of Exhibit VII-B hereto (each, a "Borrower's Certificate") and specify the proposed Funding Date (which in each instance shall be a Business Day) and the Revolving Advance being requested. In addition, on the Business Day immediately prior to the proposed Funding Date, not later than 2:00 p.m. (New York time), the Borrower shall deliver to the Lender a Borrowing Base Certificate dated as of such date.
Sample 1
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Notice of Borrowing; Borrower’s Certificate. Section 2.4 of the Credit Agreement is hereby deleted and the following is inserted in its stead:
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Related to Notice of Borrowing; Borrower’s Certificate

  • Notice of Borrowing The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.

  • Borrower’s Certificate A certificate signed by Borrower to the effect that the Repairs have been fully paid for and that all money disbursed pursuant to this Loan Agreement has been used for the Repairs and no claim exists against Borrower or against the Mortgaged Property out of which a lien based on furnishing labor or material exists or might ripen. Borrower may except from the certificate described in the preceding sentence any claim(s) that Borrower intends to contest, provided that any such claim is described in Borrower’s certificate and Borrower certifies to Lender that the money in the Repair Reserve Fund is sufficient to make payment of the full amount which might in any event be payable in order to satisfy such claim(s). If required by Lender, Borrower also must certify to Lender that the Repairs are in compliance with all applicable building codes and zoning ordinances.

  • Notice of Borrowings In order to request a Borrowing, a Borrower shall give written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopy) (a) in the case of an ABR Borrowing, to the Administrative Agent not later than 12:00 noon, New York City time, on the Business Day of such proposed Borrowing, (b) in the case of a Eurodollar Borrowing, to the Administrative Agent not later than 10:00 a.m., New York City time, three Business Days before such proposed Borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement, identify the applicable Borrower and specify (i) whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower giving the notice of Borrowing shall be deemed to have selected an Interest Period of one month's duration. If a Borrower shall not have given notice in accordance with this Section 2.03 of its election to refinance a Borrowing prior to the end of the Interest Period in effect for such Borrowing, then the Borrower shall (unless such Borrowing is repaid at the end of such Interest Period) be deemed to have given notice of an election to refinance such Borrowing with an ABR Borrowing. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03 and of each Lender's portion of the requested Borrowing.

  • Borrowing Notice The Borrower shall deliver to the Agent and the Swing Line Lender irrevocable notice (a "Swing Line Borrowing Notice") not later than noon (Chicago time) on the Borrowing Date of each Swing Line Loan, specifying (i) the applicable Borrowing Date (which date shall be a Business Day), and (ii) the aggregate amount of the requested Swing Line Loan which shall be an amount not less than $100,000. The Swing Line Loans shall bear interest at the Floating Rate.

  • Borrowing Certificate The Administrative Agent shall have received, with a counterpart for each Lender, a certificate of the Borrower, dated the Closing Date, substantially in the form of Exhibit D, with appropriate insertions and attachments, reasonably satisfactory in form and substance to the Administrative Agent, executed by the President or any Vice President and the Secretary or any Assistant Secretary of the Borrower.

  • Borrowing Request The Administrative Agent shall have received a Borrowing Request in accordance with Section 2.03.

  • Content of Borrowing Requests Each telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:

  • Borrowing Requests Whenever the Borrower desires to make a ------------------ Borrowing hereunder, it shall give Advance Notice in the form of a Borrowing Request, specifying, subject to the provisions hereof, (i) the aggregate principal amount of the Loans to be made pursuant to such Borrowing, (ii) the date of Borrowing (which shall be a Business Day), (iii) whether the Loans being made pursuant to such Borrowing are to be ABR Loans or Eurodollar Loans, and (iv) in the case of Eurodollar Loans, the Interest Period to be applicable thereto.

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