Common use of Notice of Borrowing of Committed Loans Clause in Contracts

Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunder (other than Mandatory Borrowings), it shall give the Payments Administrator at the Payments Administrator's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loans. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") shall be irrevocable and shall specify: (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; (ii) the date of Borrowing (which shall be a Business Day); and (iii) whether the respective Borrowing shall consist of Reference Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Payments Administrator shall promptly give each Bank written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such Bank's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator at the Payments Administrator's Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator in good faith to be from the Chairman, Chief Financial Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case the Borrower hereby waives the right to dispute the Payments Administrator's record of the terms of any such telephonic notice.

Appears in 2 contracts

Samples: Credit Agreement (RJR Nabisco Inc), Credit Agreement (Nabisco Inc)

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Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunder (other than Mandatory Borrowings), it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loans. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") shall be irrevocable and shall specify: specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (ii) the date of Borrowing (which shall be a Business Day); ) and (iii) whether the respective Borrowing shall consist of Reference Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Payments Administrator Administrative Agent shall promptly give each Bank Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such BankLender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator Administrative Agent shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator Administrative Agent in good faith to be from the Chairman, Chief Financial Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator Administrative Agent by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case case, the Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc)

Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunder (other than Mandatory Borrowings), it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loans. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") shall be irrevocable and shall specify: specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (ii) the date of Borrowing (which shall be a Business Day); ) and (iii) whether the respective Borrowing shall consist of Reference Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Payments Administrator Administrative Agent shall promptly give each Bank Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such BankLender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator Administrative Agent shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator Administrative Agent in good faith to be from the Chairman, Chief Financial Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator Administrative Agent by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case the Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc)

Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunder (other than Mandatory Borrowings), it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loans. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") shall be irrevocable and shall specify: specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (ii) the date of Borrowing (which shall be a Business Day); ) and (iii) whether the respective Borrowing shall consist of Reference Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Payments Administrator Administrative Agent shall promptly give each Bank Lender written notice (or telephonic notice promptly confirmed in writingwrit- ing) of each proposed Borrowing of Revolving Loans, of such BankLender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator Administrative Agent shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator Administrative Agent in good faith to be from the Chairman, Chief Financial Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator Administrative Agent by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case the Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Rj Reynolds Tobacco Holdings Inc)

Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving (x) Eurodollar Loans hereunder, the Borrower shall give the Administrative Agent at the Administrative Agent’s Office at least three Business Days’ prior notice of each Eurodollar Loan to be incurred hereunder and (y) Reference Rate Loans hereunder (other than excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory BorrowingsBorrowing), it the Borrower shall give the Payments Administrator Administrative Agent at the Payments Administrator's Administrative Agent’s Office at least one Business Day’s prior notice of each Reference Rate Loan to be incurred hereunder, provided that (xin each case) prior any such notice shall be deemed to have been given on a certain day only if given before 11:00 A.M. (New York City time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loanssuch day. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") ”), shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, appropriately completed to specify: (i) the aggregate principal amount of the Revolving Loans to be made incurred pursuant to such Borrowing; , (ii) the date of such Borrowing (which shall be a Business Day); , and (iii) whether the respective Revolving Loans being incurred pursuant to such Borrowing shall consist of are to be initially maintained as Reference Rate Loans or or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be initially applicable thereto. The Payments Administrator Administrative Agent shall promptly give each Bank written RL Lender notice (or telephonic notice promptly confirmed in writing) of each such proposed Borrowing of Revolving LoansBorrowing, of such Bank's RL Lender’s proportionate share thereof and of the other matters covered required by the immediately preceding sentence to be specified in the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Administrative Agent’s Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator Administrative Agent shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's ’s proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C1.01(c), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator Administrative Agent in good faith to be from the Chairman, Chief Financial an Authorized Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case case, the Borrower hereby waives the right to dispute the Payments Administrator's Administrative Agent’s record of the terms of any such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

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Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunder (other than Mandatory Borrowings), it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) at least one Business Day's prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loans. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") shall be irrevocable and shall specify: specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (ii) the date of Borrowing (which shall be a Business Day); ) and (iii) whether the respective Borrowing shall consist of Reference Rate Loans or Eurodollar Loans and, if Eurodollar Loans, the Interest Period to be initially applicable thereto. The Payments Administrator Administrative Agent shall promptly give each Bank Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such BankLender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator Administrative Agent at the Payments AdministratorAdministrative Agent's Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator Administrative Agent shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator Administrative Agent in good faith to be from the Chairman, Chief Financial an Authorized Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case case, the Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

Notice of Borrowing of Committed Loans. (a) Whenever the Borrower desires to incur Revolving (x) Eurodollar Loans hereunder, the Borrower shall give the Administrative Agent at the Administrative Agent’s Office at least three Business Days’ prior notice of each Eurodollar Loan to be incurred hereunder and (y) Reference Rate Loans hereunder (other than excluding Swingline Loans and Revolving Loans made pursuant to a Mandatory BorrowingsBorrowing), it the Borrower shall give the Payments Administrator Administrative Agent at the Payments Administrator's Administrative Agent’s Office at least one Business Day’s prior notice of each Reference Rate Loan to be incurred hereunder, provided that (xin each case) prior any such notice shall be deemed to have been given on a certain day only if given before 11:00 A.M. (New York City time) at least three Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Revolving Loans constituting Eurodollar Loans and (y) prior to 11:00 A.M. (New York time) prior written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Rate Loanssuch day. Each such notice (each, together with each notice of a Borrowing of Swingline Loans pursuant to Section 1.03(b), a "Notice of Borrowing") ”), shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing, appropriately completed to specify: (i) the aggregate principal amount of the Revolving Loans to be made incurred pursuant to such Borrowing; , (ii) the date of such Borrowing (which shall be a Business Day); and , (iii) whether the respective Loans being incurred pursuant to such Borrowing shall consist of constitute Term Loans or Revolving Loans, and (iv) whether the Loans being incurred pursuant to such Borrowing are to be initially maintained as Reference Rate Loans or or, to the extent permitted hereunder, Eurodollar Loans and, if Eurodollar Loans, the initial Interest Period to be initially applicable thereto. The Payments Administrator Administrative Agent shall promptly give each Bank written Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice (or telephonic notice promptly confirmed in writing) of each such proposed Borrowing of Revolving LoansBorrowing, of such Bank's Lender’s proportionate share thereof and of the other matters covered required by the immediately preceding sentence to be specified in the Notice of Borrowing. (b) Whenever the Borrower desires to incur Swingline Loans hereunder, it shall give the Payments Administrator Swingline Lender at the Payments Administrator's Administrative Agent’s Office written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Swingline Loans prior to 11:00 A.M. (New York time) on the date of such Borrowing. Each such notice shall be irrevocable and shall specify (i) the aggregate principal amount of the Swingline Loans to be made pursuant to such Borrowing and (ii) the date of Borrowing (which shall be a Business Day). The Payments Administrator shall promptly give each Swingline Lender written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Swingline Loans, of such Swingline Lender's proportionate share thereof and of the other matters covered by the Notice of Borrowing. (c) Mandatory Borrowings shall be made upon the notice specified in Section 1.01(C1.01(c), with the Borrower irrevocably agreeing, by its incurrence of any Swingline Loan, to the making of Mandatory Borrowings as set forth in such Section. (d) Without in any way limiting the obligation of the Borrower to confirm in writing any notice it may give hereunder by telephone, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, believed by the Payments Administrator Administrative Agent in good faith to be from the Chairman, Chief Financial an Authorized Officer or Treasurer of the Borrower, or from any other person designated in writing to the Payments Administrator by the Chief Financial Officer or Treasurer of the Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case case, the Borrower hereby waives the right to dispute the Payments Administrator's Administrative Agent’s record of the terms of any such telephonic notice.

Appears in 1 contract

Samples: Credit Agreement (Reynolds American Inc)

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