Common use of Notice of Borrowing; Letter of Credit Request Clause in Contracts

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each Loan, the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (First Horizon Pharmaceutical Corp), Credit Agreement (First Horizon Pharmaceutical Corp)

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Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.02(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.02(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 67, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office or as otherwise agreed in writing for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Shuffle Master Inc), Credit Agreement (Shuffle Master Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower Borrowers to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 67, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Walter Energy, Inc.), Credit Agreement (Walter Energy, Inc.)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 6, 7 unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Affinity Gaming, LLC)

Notice of Borrowing; Letter of Credit Request. (ai) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing or a conversion of Existing Term Loans and Existing Revolving Loans), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a1.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 1.03(b)(i). (bii) Prior to the issuance of each Letter of Credit, the Administrative Agent and the Issuing Lender respective Letter of Credit Issuer shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a2.03(a). The acceptance of the benefits of each Credit Event (other than a Mandatory Borrowing) shall constitute a representation and warranty by Holdings and the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 5.01 (with respect to Credit Events on the Initial Borrowing Restatement Effective Date) and in this Section 6 5.02 (with respect to Credit Events on or and after the Initial Borrowing Restatement Effective Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (RBS Global Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.3(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.3(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.3(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 Article VI (with respect to Credit Events on the Initial Borrowing Closing Date) and in this Section 6 Article VII (with respect to Credit Events on or after the Initial Borrowing Closing Date) and applicable to such Credit Event are satisfied exist as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 Article VI and in this Section 6Article VII, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.. infoUSA Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Infousa Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (excluding Swingline Loans and Mandatory Borrowings), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.3(a). Prior to the making of any Swingline Loan, the Swingline Lender shall have received the notice required by Section 2.3(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the Issuing Lender respective Letter of Credit Issuer shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.2(a). The occurrence of the initial Borrowing and the acceptance of the benefits or proceeds of each Credit Event shall constitute a representation and warranty by each of the Borrower Partnership and the Borrowers to the Administrative each Agent and each of the Lenders that all the conditions specified in Section 5 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 (with respect to Credit Events occurring on or after the Initial Borrowing Effective Date) and applicable in this Section 7 (with respect to each Credit Event) (other than such Credit Event conditions that are satisfied expressly subject to the satisfaction of the Administrative Agent, Collateral Agent and/or the Required Lenders) exist as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 67, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanRevolving Loan (excluding Swingline Loans and Mandatory Borrowings), the Administrative Agent shall have received a Notice the notice required by Section 1.032.03 (a) Prior to the making of Borrowing meeting each Swingline Loan, the requirements of Swingline Lender shall have received the notice required by Section 1.3(a1.032.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a)2.033.03. The acceptance of the benefits benefiteach Revolving Loan (other than Mandatory Borrowings) and issuance of each Letter of Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent Agents and each of the Lenders that all the conditions specified in Section 5 (with respect to Credit Events on the Initial Borrowing Restatement Effective Date) and in this Section 6 (with respect to Credit Events to occur on or after the Initial Borrowing Date) Restatement Effective Date)7 and applicable to such Credit Event are have been satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Flowers Foods Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a1.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 1.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a2.03(a). The occurrence of the Effective Date and the acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 (with respect to the occurrence of the Effective Date and any Credit Events on the Initial Borrowing Effective Date) and in this Section 6 (with respect to Credit Events on or after the Initial Borrowing Effective Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility (Magellan Health Services Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by Holdings and the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 67, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for with respect to the NotesCredit Agreement, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Global Cash Access Holdings, Inc.)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received a Notice of Borrowing meeting the requirements of Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 67, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Lee Enterprises Inc)

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Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a1.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 1.03(a)(i). (b) Prior to the issuance or amendment of each Letter of Credit, the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a2.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Corp)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.3(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.3(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.3(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 Article VI (with respect to Credit Events on the Initial Borrowing Second Closing Date) and in this Section 6 Article VII (with respect to Credit Events on or after the Initial Borrowing Second Closing Date) and applicable to such Credit Event are satisfied exist as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 Article VI and in this Section 6Article VII, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient infoUSA Amended and Restated Credit Agreement counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Infousa Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit (other than the Existing Letters of Credit), the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by Holdings and the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 6, 7 unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Town Sports International Holdings Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to --------------------------------------------- the making of each LoanRevolving Loan (other than a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a1.03(a). Prior to the making of each Swingline Loan, the Administrative Agent and the Swingline Bank shall have received the notice referred to in Section 1.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the Issuing Lender Bank shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a)2.03. The occurrence of the Effective Date and the acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders Banks that all the conditions specified in Section 5 (with respect to the Effective Date and Credit Events to occur on the Initial Borrowing Effective Date) and in this Section 6 (with respect to the Effective Date and Credit Events to occur on or after the Initial Borrowing Effective Date) and applicable to such Credit Event are satisfied exist as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders Banks and, except for the Notes, in sufficient counterparts or copies for each of the Lenders Banks and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Sylvan Learning Systems Inc)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit (other than an Existing Letter of Credit), the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by Holdings and the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 67, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Information Services Group Inc.)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (excluding Swingline Loans and Mandatory Borrowings), the Administrative Agent shall have received a Notice the notice required by Section 1.03(a). Prior to the making of Borrowing meeting any Swingline Loan, the requirements of Swingline Lender shall have received the notice required by Section 1.3(a1.03(b)(i). (b) Prior to the issuance of each Letter of Credit, the Administrative Agent and the respective Issuing Lender Bank shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a2.02(a). The occurrence of the Restatement Effective Date and the acceptance of the benefits of each Credit Event shall constitute a representation and warranty by the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 (with respect to Credit Events on the Initial Borrowing Date) and in this Section 6 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are have been satisfied as of that time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 and in this Section 6, unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office or as otherwise directed by the Administrative Agent for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Iasis Healthcare Corp)

Notice of Borrowing; Letter of Credit Request. (a) Prior to the making of each LoanLoan (other than a Swingline Loan or a Revolving Loan made pursuant to a Mandatory Borrowing), the Administrative Agent shall have received a Notice of Borrowing meeting the requirements of Section 1.3(a2.03(a). Prior to the making of each Swingline Loan, the Swingline Lender shall have received the notice referred to in Section 2.03(b)(i). (b) Prior to the issuance of each Letter of Credit (other than the Existing Letters of Credit), the Administrative Agent and the respective Issuing Lender shall have received a Letter of Credit Request meeting the requirements of Section 2.3(a3.03(a). The acceptance of the benefits of each Credit Event shall constitute a representation and warranty by Holdings and the Borrower to the Administrative Agent and each of the Lenders that all the conditions specified in Section 5 6 and Section 7 (with respect to Credit Events on the Initial Borrowing Date) and or in this Section 6 7 (with respect to Credit Events on or after the Initial Borrowing Date) and applicable to such Credit Event are satisfied as of that such applicable time. All of the Notes, certificates, legal opinions and other documents and papers referred to in Section 5 6 and in this Section 6, 7 unless otherwise specified, shall be delivered to the Administrative Agent at the Notice Office for the account of each of the Lenders and, except for the Notes, in sufficient counterparts or copies for each of the Lenders and shall be in form and substance reasonably satisfactory to the Administrative Agent and the Required LendersAgent.

Appears in 1 contract

Samples: Credit Agreement (Town Sports International Holdings Inc)

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