Notice of Borrowing – Capital Expenditure Loans. Subject to Section 2.3.2, whenever Borrowers desire funding of Capital Expenditure Loans, Borrower Agent shall give Agent a Notice of Borrowing. Such notice must be received by Agent by 11:00 a.m. (Los Angeles time) (i) on the requested funding date, in the case of Adjusted Base Rate Loans, and (ii) at least three Business Days prior to the requested funding date, in the case of LIBOR Loans. Notices received after such time shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable and shall specify (A) the amount of the Borrowing, (B) the requested funding date (which must be a Business Day), (C) whether the Borrowing is to be made as an Adjusted Base Rate Loan or LIBOR Loan, and (D) in the case of a LIBOR Loan, the applicable Interest Period (which shall be deemed to be 30 days if not specified).
Appears in 5 contracts
Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.), First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)
Notice of Borrowing – Capital Expenditure Loans. Subject to Section 2.3.2, whenever Borrowers desire funding of Capital Expenditure Loans, Borrower Agent shall give Agent a Notice of Borrowing. Such notice must be received by Agent by 11:00 a.m. (Los Angeles time) (i) on the requested funding date, in the case of Adjusted Base Rate Loans, and (ii) at least three Business Days prior to the requested funding date, in the case of LIBOR SOFR Loans. Notices received after such time shall be deemed received on the next Business Day. Each Notice of Borrowing shall be irrevocable and shall specify (A) the amount of the Borrowing, (B) the requested funding date (which must be a Business Day), (C) whether the Borrowing is to be made as an Adjusted Base Rate Loan or LIBOR SOFR Loan, and (D) in the case of a LIBOR SOFR Loan, the applicable Interest Period (which shall be deemed to be 30 days one (1) month if not specified).
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Samples: First Lien Loan and Security Agreement (Duckhorn Portfolio, Inc.)