Notice of Borrowing of Revolving Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunder, 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, 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) 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 3 contracts
Samples: 364 Df Credit Agreement (RJR Nabisco Inc), 364 Df Credit Agreement (Nabisco Inc), 364 Df Credit Agreement (Nabisco Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice 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 Loans, and (y) prior to 11:00 A.M. (New York time) prior written notice (or telephonic notice promptly confirmed in writing) prior to 10:00 A.M. (New York time) on the date of Borrowing in the case of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "“Notice of Borrowing"”) shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) the identity of the applicable Borrower, (ii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (iiiii) the date of Borrowing (which shall be a Business Day); and , (iiiiv) whether the respective Borrowing shall consist of Reference Base Rate Loans or Eurodollar Loans and, and (v) if such Borrowing consists of 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 LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Lender and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the each Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 such Borrower. In each such case the case, each Borrower hereby waives the right to dispute the Payments Administrator's Administrative Agent’s record of the terms of any such telephonic noticenotice absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Partnerre LTD), Credit Agreement (Partnerre LTD)
Notice of Borrowing of Revolving Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice 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 Eurodollar Loans in Dollars, (y) prior to 1:00 P.M. (New York time) at least four Business Days' prior written of notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Eurodollar Loans constituting Eurodollar Alternate Currency Loans and (yz) prior to 11:00 A.M. (New York time) at least one Business Day's prior written notice (or telephonic telephone notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "Notice of Borrowing") shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) in the case of Alternate Currency Loans, the Approved Currency for such Loans, (ii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; Borrowing (iistated in the applicable Approved Currency), (iii) the date of Borrowing (which shall be a Business Day); ) and (iiiiv) whether the respective Borrowing shall consist of Reference Base 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 written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Bank and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 noticenotice absent manifest error.
Appears in 2 contracts
Samples: Credit Agreement (Trenwick Group Inc), Credit Agreement (Trenwick Group LTD)
Notice of Borrowing of Revolving Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior its Notice Office, 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. 12:00 Noon (New York time) prior on the third Business Day preceding the date of the proposed Borrowing and written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate LoansLoans to be made hereunder prior to 11:00 A.M. (New York time) on the date of the proposed Borrowing. Each such notice of the foregoing notices (each, a "Notice of Borrowing") shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall specify: be in the form of Exhibit A-1, appropriately completed to specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; incurred, (ii) the date of Borrowing incurrence (which shall be a Business Day); ) and (iii) whether the respective Borrowing incurrence shall consist of Reference Base 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 written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such Bank's the proportionate share thereof of each Bank and of the other matters covered by the Notice of Borrowing.
(b) 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 or the respective Letter of Credit Issuer (in the case of the issuance of Letters of Credit), as the case may be, may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, reasonably believed by the Payments Administrator Administrative Agent or such Letter of Credit Issuer, as the case may be, 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 such 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 (Ametek Inc/)
Notice of Borrowing of Revolving Loans. (a) Whenever the -------------------------------------- Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior its Notice Office, 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. 12:00 Noon (New York time) prior on the third Business Day preceding the date of the proposed Borrowing and written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate LoansLoans to be made hereunder prior to 11:00 A.M. (New York time) on the date of the proposed Borrowing. Each such notice of the foregoing notices (each, a "Notice of Borrowing") shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall specify: be in the form of Exhibit A-1, appropriately completed to specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; incurred, (ii) the date of Borrowing incurrence (which shall be a Business Day); ) and (iii) whether the respective Borrowing incurrence shall consist of Reference Base 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 written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such Bank's the proportionate share thereof of each Bank and of the other matters covered by the Notice of Borrowing.
(b) 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 or the respective Letter of Credit Issuer (in the case of the issuance of Letters of Credit), as the case may be, may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, reasonably believed by the Payments Administrator Administrative Agent or such Letter of Credit Issuer, as the case may be, 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 such 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 (Ametek Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice Office, (x) prior to 11:00 I 1:00 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 in Dollars, (y) prior to 11:00 A.M. 1:00 P.M. (New York time) at least four Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Eurodollar Loans constituting Alternate Currency Loans and (z) written notice (or telephonic notice promptly confirmed in writing) prior to I 1:00 A.M. (New York time) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "Notice of Borrowing") shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) the identity of the applicable Borrower, (ii) in the case of Alternate Currency Loans, the Approved Currency for such Loans, (iii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; Borrowing (iistated in the applicable Approved Currency), (iv) the date of Borrowing (which shall be a Business Day); and , (iiiv) whether the respective Borrowing shall consist of Reference Base Rate Loans or Eurodollar Loans andLoans, (vi) if Eurodollar Loans, the Interest Period to be initially applicable thereto and (vii) if DB Loans, the DB Loan Maturity Date to be 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 LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Lender and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the any Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 such Borrower. In each such case the case, each Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic noticenotice absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Mbia Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice 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) prior to 11:00 A.M. (New York time) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "Notice of Borrowing") shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) the identity of the applicable Borrower, (ii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (iiiii) the date of Borrowing (which shall be a Business Day); and , (iiiiv) whether the respective Borrowing shall consist of Reference Base Rate Loans or Eurodollar Loans andLoans, (v) if Eurodollar Loans, the Interest Period to be initially applicable thereto and (vi) if DB Loans, the DB Loan Maturity Date to be 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 LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Lender and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the any Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 such Borrower. In each such case the case, each Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic noticenotice absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Mbia Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior its Notice Office, 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. 12:00 Noon (New York time) prior on the third Business Day preceding the date of the proposed Borrowing and written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate LoansLoans to be made hereunder prior to 11:00 A.M. (New York time) on the date of the proposed Borrowing. Each such notice of the foregoing notices (each, a "“Notice of Borrowing"”) shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall specify: be in the form of Exhibit A-1, appropriately completed to specify (i) the Borrower to whom such Revolving Loans will be made, (ii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; incurred, (iiiii) the date of Borrowing incurrence (which shall be a Business Day); , (iv) whether the Revolving Loans are to be denominated in Dollars or a Primary Alternate Currency and, if a Primary Alternate Currency, the Primary Alternate Currency so requested, and (iiiv) whether the respective Borrowing incurrence shall consist of Reference Base 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 written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such Bank's the proportionate share thereof of each Bank and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the Borrower Borrowers to confirm in writing any notice it they may give hereunder by telephone, the Payments Administrator Administrative Agent or the respective Letter of Credit Issuer (in the case of the issuance of Letters of Credit), as the case may be, may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, reasonably believed by the Payments Administrator Administrative Agent or such Letter of Credit Issuer, as the case may be, 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 a Borrower as a person entitled to give telephonic notices under this Agreement on behalf of the such Borrower. In each such case the each 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 (Ametek Inc/)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice Office, (x) prior to 11:00 I 1:00 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) prior to 1 1:00 A.M. (New York time) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "Notice of Borrowing") shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) the identity of the applicable Borrower, (ii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (iiiii) the date of Borrowing (which shall be a Business Day); and , (iiiiv) whether the respective Borrowing shall consist of Reference Base Rate Loans or Eurodollar Loans andLoans, (V) if Eurodollar Loans, the Interest Period to be initially applicable thereto and (vi) if DB Loans, the DB Loan Maturity Date to be 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 LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Lender and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the any Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 such Borrower. In each such case the case, each Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic noticenotice absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Mbia Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice 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 in Dollars, (y) prior to 11:00 A.M. (New York London time) at least four Business Days prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Eurodollar Loans constituting Alternate Currency Loans and (z) written notice (or telephonic notice promptly confirmed in writing) prior to 10:00 A.M. (New York time) on the date of Borrowing in the case of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "“Notice of Borrowing"”) shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) the identity of the applicable Borrower, (ii) in the case of Alternate Currency Loans, the Approved Currency for such Loans (iii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; , (iiiv) the date of Borrowing (which shall be a Business Day); and , (iiiv) whether the respective Borrowing shall consist of Reference Base Rate Loans or Eurodollar Loans and, and (vi) if such Borrowing consists of 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 LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Lender and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the each Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 such Borrower. In each such case the case, each Borrower hereby waives the right to dispute the Payments Administrator's Administrative Agent’s record of the terms of any such telephonic noticenotice absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Partnerre LTD)
Notice of Borrowing of Revolving Loans. (a) Whenever the a Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office its Notice 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 in Dollars, (y) prior to 11:00 A.M. 1:00 P.M. (New York time) at least four Business Days' prior written notice (or telephonic notice promptly confirmed in writing) of each Borrowing of Eurodollar Loans constituting Alternate Currency Loans and (z) written notice (or telephonic notice promptly confirmed in writing) prior to 11:00 A.M. (New York time) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate Loans. Each such notice (each, a "Notice of Borrowing") shall be in the form of Exhibit A-1 and shall be irrevocable and shall specify: specify (i) the identity of the applicable Borrower, (ii) in the case of Alternate Currency Loans, the Approved Currency for such Loans, (iii) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; Borrowing (iistated in the applicable Approved Currency), (iv) the date of Borrowing (which shall be a Business Day); and , (iiiv) whether the respective Borrowing shall consist of Reference Base Rate Loans or Eurodollar Loans andLoans, (vi) if Eurodollar Loans, the Interest Period to be initially applicable thereto and (vii) if DB Loans, the DB Loan Maturity Date to be 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 LoansBorrowing, of the portion thereof to be funded by such Bank's proportionate share thereof Lender and of the other matters covered by the Notice of Borrowing.
(b) Without in any way limiting the obligation of the any Borrower to confirm in writing any telephonic notice it may give hereunder by telephonepermitted to be given hereunder, the Payments Administrator Administrative Agent may act prior to receipt of written confirmation act without liability upon the basis of such telephonic notice, believed by the Payments Administrator it 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 such Borrower. In each such case the case, each Borrower hereby waives the right to dispute the Payments AdministratorAdministrative Agent's record of the terms of any such telephonic noticenotice absent manifest error.
Appears in 1 contract
Samples: Credit Agreement (Mbia Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the Borrower Bor- -------------------------------------- rower desires to incur Revolving Loans hereunder, 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 E- ach such notice (each, 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) 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 1 contract
Samples: Credit Agreement (RJR Nabisco Inc)
Notice of Borrowing of Revolving Loans. (a) Whenever the Borrower desires to incur Revolving Loans hereunderLoans, it shall give the Payments Administrator Administrative Agent at the Payments Administrator's Office (x) prior to 11:00 A.M. (New York time) at least three Business Days' prior its Notice Office, 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. 12:00 Noon (New York time) prior on the third Business Day preceding the date of the proposed. Borrowing and written notice (or telephonic notice promptly confirmed in writing) on the date of each Borrowing of Revolving Loans constituting Reference Base Rate LoansLoans to be made hereunder prior to 11:00 A.M. (New York time) on the date of the proposed Borrowing. Each such notice of the foregoing notices (each, a "“Notice of Borrowing"”) shall be irrevocable irrevocable, and, in the case of each written notice and each confirmation of telephonic notice, shall specify: be in the form of Exhibit A-1, appropriately completed to specify (i) the aggregate principal amount of the Revolving Loans to be made pursuant to such Borrowing; incurred, (ii) the date of Borrowing incurrence (which shall be a Business Day); and , (iii) whether the Revolving Loans are to be denominated in Dollars or a Primary Alternate Currency and, if a Primary Alternate Currency, the Primary Alternate Currency so requested, and (iv) whether the respective Borrowing incurrence shall consist of Reference Base 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 written notice (or telephonic notice promptly confirmed in writing) of each proposed Borrowing of Revolving Loans, of such Bank's the proportionate share thereof of each Bank and of the other matters covered by the Notice of Borrowing.
(b) 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 or the respective Letter of Credit Issuer (in the case of the issuance of Letters of Credit), as the case may be, may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice, reasonably believed by the Payments Administrator Administrative Agent or such Letter of Credit Issuer, as the case may be, 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 such Borrower. In each such 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.
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Samples: Credit Agreement (Ametek Inc/)