Common use of Notice of Borrowing; Borrower’s Certificate Clause in Contracts

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.

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 Borrower 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 Borrower shall be deemed to make a borrowing of a Revolving Advance pursuant to Section 2A.4 2A.2 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.

Notice of Borrowing; Borrower’s Certificate. (a) Subject to Section 3.2(e) hereof, whenever a Whenever the Borrower desires to make a borrowing of a Revolving Advance (other than or an Equipment Advance the initial Revolving Advance), it Borrower shall give the Agent, at its address set forth referred to in Section 12.4 hereof, not later than 12:00 noon 11:00 a.m. (New York Chicago time), at least three (3) Business Days' prior Written Notice (or same day prior Written Notice or, in the case of a Revolving an Advance which shall be a Base Rate Advance, same Business Day) 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 an Advance. Each notice of borrowing under this Section 2.4(a) 2.4 shall be substantially in the form of Exhibit 2.4 hereto to the Fifth Amendment (each a "Borrower's CertificateBORROWER'S CERTIFICATE") and specify specify, INTER ALIA, the date on which the applicable Borrower desires to make a borrowing of a Revolving an Advance (which in each instance shall be a Business Day), the amount of such borrowing, whether such borrowing shall be a Base Rate Equipment Advance, Base Rate Revolving Advance, Eurodollar Revolving Advance or a Eurodollar Equipment Advance or a any combination thereof, and, in the case of the selection of a Eurodollar Advance, the proposed Interest Period therefor, and and, in respect to Revolving Advances, shall refer to the most recent Borrowing Base Certificate delivered by the Company to the Agent Borrower pursuant to Section 8.1(p8.1(h) hereof or at the request of the Agent and set forth the applicable Borrowing Base provided therein. Further, if a Borrower's Certificate shall request the Lenders to make an Equipment Advance, the Borrower's Certificate shall include copies of the invoices or other comparable documentation and supporting details reasonably requested by Agent as required by Section 2.3.1 hereof to evidence that the conditions for an Equipment Advance have been met and shall further include a certified copy of Borrower's casualty insurance policy, together with loss payable endorsements on a standard form loss payee endorsement naming Agent as loss payee and co-insured in respect to the Eligible Equipment, the purchase of which is to be financed, in part, with the proceeds of the requested Equipment Advance. 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 hereofAdvance, then the applicable Borrower shall be deemed to have selected a Base Rate Advance. Subject to the other provisions of this Agreement, Revolving Base Rate Advances and Eurodollar Advances of more than one type may be outstanding at the same time; providedPROVIDED, howeverHOWEVER, that (i) Eurodollar Advances shall be in an amount equal to $1,000,000 or any integral multiple of $200,000 in excess of $1,000,000, and (ii) Eurodollar Advances shall be available for election by the Borrower only for one, two or three month Interest Periods PROVIDED, that no more than six (6) Eurodollar Advances in the aggregate may be outstanding at any one time. The Agent shall give each Lender telephonic notice (confirmed promptly in writing) on the same day as Agent receives any such Borrower's Certificate of the proposed borrowing of an Advance, of such Lender's PRO RATA share thereof, and of the other matters covered by the Borrower's Certificate.

Notice of Borrowing; Borrower’s Certificate. (a) Subject to Section 3.2(e) hereof, whenever a Whenever Borrower desires to make a borrowing of a Revolving Advance (other than the initial Revolving an Acquisition Term Loan Advance), it shall give the Agent, at its address set forth designated in Section 12.4 16.4 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) 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 an Acquisition Term Loan Advance not later than fifteen (15) Business Days prior to the proposed borrowing date of each Acquisition Term Loan Advance. Each notice of borrowing under this Section 2.4(a) 4.4 shall be substantially in the form of Exhibit 2.4 4.4 hereto (each, together with each Written Notice delivered under Section 7.1(a) hereto, a "Borrower's Certificate") ), shall be dated the date of such notice (which notice shall be deemed repeated on the date of such borrowing), and specify the date on which the applicable Borrower desires to make a borrowing of a Revolving an Acquisition Term Loan 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 of a Eurodollar Advance or (y) the Company shall be deemed to make a borrowing of a Revolving Advance pursuant to Section 2A.4 hereofAdvance, then the applicable Borrower shall be deemed to have selected a Base Rate Advance. Subject to the other provisions of this Agreement, Revolving Base Rate Advances and Eurodollar Advances of more than one type may be outstanding at the same time; provided, however, that no more than six (6) Eurodollar Advances shall be available for election by Borrower only for (1) advances of $1,000,000 or any integral multiple of $100,000 in the aggregate may be outstanding at any one timeexcess of $1,000,000, and (2) one, two, three and six month interest periods.

Notice of Borrowing; Borrower’s Certificate. (a) Subject to Except as provided in Section 3.2(e7.1(c) hereof, whenever a Borrower desires to make a borrowing of a Revolving Advance (other than the initial Revolving Credit Advance), it shall give the Agent, at its address set forth designated in Section 12.4 16.4 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) 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 Credit Advance (i) not later than 12:00 noon (New York time) on the proposed borrowing date of each Revolving Credit Advance that is a Base Rate Advance, and (ii) not later than 11:00 a.m. (New York time) three (3) Business Days prior to the proposed borrowing date of each Revolving Credit Advance that is a Eurodollar Advance. Each notice of borrowing under this Section 2.4(a) 2.4 shall be substantially in the form of Exhibit 2.4 hereto (each, together with each Written Notice delivered under Section 7.1(a) hereto, a "Borrower's Certificate") ), shall be dated the date of such notice (which notice shall be deemed repeated on the date of such borrowing), and specify the date on which the applicable Borrower desires to make a borrowing of a Revolving Credit 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 Borrower to the Agent and each Lender pursuant to Section 8.1(p12.1(j) hereof or at the request of the Agent hereof, 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 Credit Advance shall be a Base Rate Advance or a Eurodollar Advance Advance, or (y) the Company Borrower shall be deemed to make have made a borrowing of a Revolving Credit Advance pursuant to Section 2A.4 7.1(c) hereof, then the applicable Borrower shall be deemed to have selected a Base Rate Advance. Subject to the other provisions of this Agreement, Revolving Base Rate Advances and Eurodollar Advances of more than one type may be outstanding at the same time; provided, however, that no more than six (6) Eurodollar Advances shall be available for election by Borrower only for (1) advances of $1,000,000 or any integral multiple of $100,000 in the aggregate may be outstanding at any one timeexcess of $1,000,000 and, (2) one, two, three and six month interest periods.