Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 5 contracts
Samples: Credit Agreement (Simonds Industries Inc), 364 Day Credit Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 5 contracts
Samples: Credit Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc), Credit Agreement (Lincare Holdings Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice notice, which may be given by telephone and promptly confirmed in writing) to . Each such notice must be received by the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timei) 12:00 noon on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third (ii) 11:00 A.M. three Business Day Days prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 4 contracts
Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 10:30 A.M. (CharlotteMilwaukee, North Carolina Wisconsin time) on the Business Day prior to the date of the requested borrowing in the case of Base Prime Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Prime Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing a ("Notice of Borrowing") is attached as Exhibit 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Prime Rate Loan hereunder. The Agent shall give notice to each affected Lender (promptly upon receipt of each Notice of Borrowing, and in any event not later than 12:00 noon, Milwaukee, Wisconsin time, with respect to any Notice of Borrowing delivered to the Agent pursuant to this Section 2.1(b)(i), section) of the contents thereof and each such Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 4 contracts
Samples: Credit Agreement (C2 Inc), Credit Agreement (C2 Inc), Credit Agreement (Oshkosh Truck Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 2:00 p.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 4 contracts
Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 4 contracts
Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Impax Laboratories Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 4 contracts
Samples: Credit Agreement (School Specialty Inc), Credit Agreement (Navigant International Inc), Participation Agreement (Correctional Services Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 1:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 3 contracts
Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice notice, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be received by the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timei) 2:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third (ii) 1:00 P.M. three Business Day Days prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), 364 Day Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Lender, which may be given by (i) telephone or (ii) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent Lender of a Loan Notice. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlotte, North Carolina timei) on the three (3) Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (ii) on the third requested date of any Borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period other than one (1), two (2), three (3) or six (6) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Lender not later than 11:00 a.m. four (4) Business Day Days prior to the requested date of such Borrowing, conversion or continuation. Not later than 11:00 a.m., three (3) Business Days before the requested borrowing in date of such Borrowing, conversion or continuation, the case Lender shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period is available. Each Borrowing of, conversion to or continuation of Eurodollar LoansRate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Section 2.03(c), each Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each such request for borrowing shall be irrevocable and Loan Notice shall specify (A) that whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, (B) the requested date of the requested borrowing Borrowing, conversion or continuation (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Houlihan Lokey, Inc.), Credit Agreement (Houlihan Lokey, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 3 contracts
Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Eurodollar Loan hereunderwith an Interest Period of one month. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 3 contracts
Samples: Credit Agreement (United Dominion Realty Trust Inc), 364 Day Credit Agreement (United Dominion Realty Trust Inc), 364 Day Credit Agreement (United Dominion Realty Trust Inc)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 3 contracts
Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 1:00 p.m. (CharlotteHouston, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base one (1) month LIBOR Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 3 contracts
Samples: Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/), Credit Agreement (Consolidated Graphics Inc /Tx/)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 3 contracts
Samples: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.), Credit Agreement (Carrols Restaurant Group, Inc.)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 1:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 3 contracts
Samples: Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc), Credit Agreement (Gencorp Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting through a Notice of Borrowing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender Lender, promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), of the contents thereof and of each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 3 contracts
Samples: Credit Agreement (Hni Corp), Credit Agreement (Hni Corp), Credit Agreement (Hni Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:30 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 3 contracts
Samples: Credit Agreement (Mg Waldbaum Co), Credit Agreement (Michael Foods Inc /Mn), Credit Agreement (Mg Waldbaum Co)
Notice of Borrowing. The Borrower Airgas (through a Responsible Officer) shall request a U.S. Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Eurocurrency Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Eurocurrency Loans or a combination thereof, and if Eurodollar Eurocurrency Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Eurocurrency Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Revolving Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 10:30 A.M. (CharlotteMilwaukee, North Carolina Wisconsin time) on the Business Day prior to the date of the requested borrowing in the case of Base Prime Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Prime Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing a ("Notice of Borrowing") is attached as Exhibit 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Prime Rate Loan hereunder. The Agent shall give notice to each affected Lender (promptly upon receipt of each Notice of Borrowing, and in any event not later than 12:00 noon, Milwaukee, Wisconsin time, with respect to any Notice of Borrowing delivered to the Agent pursuant to this Section 2.1(b)(i), section) of the contents thereof and each such Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)
Notice of Borrowing. The Borrower Airgas (by its duly authorized officers or representatives) shall request a Revolving U.S. Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the U.S. Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving U.S. Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving U.S. Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The U.S. Agent shall give notice to each affected U.S. Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent Lender not later than 11:00 A.M. (CharlotteAtlanta, North Carolina Georgia time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Loan Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (PRG Schultz International Inc), Credit Agreement (PRG Schultz International Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Aaipharma Inc), Credit Agreement (Aaipharma Inc)
Notice of Borrowing. The Borrower shall Company may request a U.S. Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate LoansLoans denominated in Dollars, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in Dollars. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) and currency therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower Company shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such U.S. Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Ims Health Inc), Credit Agreement (Ims Health Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) Each Borrowing, each conversion of Loans from one Type to the Agent other, and each continuation of Eurodollar Rate Loans shall be made upon the Borrower’s irrevocable notice to the Lender, which may be given by telephone. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlottei) two (2) Business Days prior to the requested date of any Borrowing of, North Carolina timeconversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans and (ii) on the Business Day prior to the requested date of the requested borrowing in the case any Borrowing of Base Rate Loans, and on . Each telephonic notice by the third Business Day prior Borrower pursuant to this Section 2.02(a) must be confirmed promptly by delivery to the date Lender of a written Loan Notice, appropriately completed and signed by a Responsible Officer of the requested borrowing in the case Borrower. Each Borrowing of, conversion to or continuation of Eurodollar LoansRate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Sections 2.03(c), each Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each such request for borrowing shall be irrevocable and Loan Notice (whether telephonic or written) shall specify (A) that the applicable Facility and whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, as the case may be, under such Facility, (B) the requested date of the requested borrowing Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)
Notice of Borrowing. The Borrower Xxxx shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Xxxx shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderLoan. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Hunt Corp), Credit Agreement (Hunt Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan ------------------- borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Navigant International Inc), Bridge Credit Agreement (Navigant International Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate LoansLoans denominated in Dollars, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Loans denominated in Dollars, and on the fourth Business Day prior to the date of the requested borrowing in the case of all Loans denominated in Available Foreign Currencies . Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the currency and aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Loans or a combination thereof, and if Eurodollar LIBOR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder, in the case of Revolving Loans denominated in Dollars or a LIBOR Loan, in any other case. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Nucor Corp), Multi Year Revolving Credit Agreement (Nucor Corp)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 noon (Charlotte, North Carolina New York time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (West Corp), Credit Agreement (West Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice notice, which may be given by (A) telephone, or (B) a Notice of Borrowing; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be received by the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timei) 12:00 noon on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third (ii) 11:00 A.M. three Business Day Days prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Autozone Inc), 364 Day Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Lender, which may be given by (A) telephone or (B) a Revolving Loan borrowing by written notice (or Notice; provided, that, any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent Lender of a Loan Notice. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlotte, North Carolina timei) on the three (3) Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (ii) on the third Business Day prior to the requested date of the requested borrowing in the case any Borrowing of Eurodollar Base Rate Loans. Each such request for borrowing Borrowing of, conversion to or continuation of Eurodollar Rate Loans shall be irrevocable and be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Except as provided in Sections 2.03(c), each Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in connection with any conversion or continuation thereof, if less, the entire principal amount thereof then outstanding). Each Loan Notice (whether telephonic or written) shall specify (A) that whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, as the case may be, (B) the requested date of the requested borrowing Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Zynga Inc), Credit Agreement (Zynga Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan ------------------- borrowing by written notice delivery of a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writing) substantially in the form of Schedule 2.1 ------------ (b)
(i) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, ----- North Carolina time) on the Business Day prior to the date of the requested borrowing (which shall be a Business Day) in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, thereof and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.1 (b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Amerisource Distribution Corp), Credit Agreement (Amerisource Distribution Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type interest rate option of a Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Signal Medical Services), Credit Agreement (Jw Childs Equity Partners Ii Lp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Notice of Borrowing. The Borrower shall request a Revolving an Acquisition Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) be irrevocable, (B) specify (1) that a Revolving an Acquisition Loan is requested, (B2) the date of the requested borrowing (which shall be a Business Day), (C3) the aggregate principal amount to be borrowed, and (D4) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefortherefor and (C) be accompanied by a certificate of the chief financial of the Borrower describing in reasonable detail the Permitted Acquisition to which such requested borrowing relates. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Acquisition Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.3(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Insight Health Services Corp), Credit Agreement (Insight Health Services Corp)
Notice of Borrowing. The Parent Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by facsimile) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, (D) the applicable Borrower or Borrowers with respect thereto and (DE) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Parent Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Autozone Inc), 364 Day Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by facsimile) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's share thereof. All Revolving Loans made on the Closing Date and on any of any borrowing to be made pursuant theretothe three Business Days following the Closing Date shall bear interest at the Alternate Base Rate.
Appears in 2 contracts
Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 1:00 P.M. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Directed Electronics, Inc.), Credit Agreement (Directed Electronics, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 noon (Charlotte, North Carolina New York time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Intermagnetics General Corp), Credit Agreement (Intermagnetics General Corp)
Notice of Borrowing. The Parent Borrower shall may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or electronically by pdf) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 12:00 p.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Parent Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower Airgas (by its duly authorized officers or representatives) shall request a U.S. Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the U.S. Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The U.S. Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Revolving Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Airgas Carbonic Inc), Credit Agreement (Airgas Northern California & Nevada Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Insight Health Services Corp), Credit Agreement (Insight Health Services Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Staff Leasing Inc), Credit Agreement (Staff Leasing Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate LoansLoans denominated in Dollars, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Loans denominated in Dollars, and on the fifth Business Day prior to the date of the requested borrowing in the case of all Loans denominated in Available Foreign Currencies. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the currency and aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Loans or a combination thereof, and if Eurodollar LIBOR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder, in the case of Revolving Loans denominated in Dollars, or a LIBOR Loan in any other case. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Multi Year Revolving Credit Agreement (Nucor Corp), 364 Day Revolving Credit Agreement (Nucor Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Unifi Inc), Credit Agreement (Delta Woodside Industries Inc /Sc/)
Notice of Borrowing. The Borrower shall Company may request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in U.S. Dollars. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower Company shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such U.S. Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)
Notice of Borrowing. The Borrower Each Borrowing shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent be made on notice, given not later than (x) 11:00 A.M. a.m. (Charlotte, North Carolina New York City time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of proposed Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period Borrowing consisting of one monthTerm SOFR Advances, or (IIy) 9:00 a.m. (New York City time) on the Business Day of the proposed Borrowing in the case of a Borrowing consisting of Base Rate Advances, by the applicable Borrower (or Mondelēz International on its behalf) to the Administrative Agent, which shall give to each Lender prompt notice thereof. Each such notice of a Borrowing (a “Notice of Borrowing”) shall be in writing, delivered by email, signed by a duly authorized officer of the applicable Borrower (or of Mondelēz International on its behalf) and in substantially the form of Exhibit B hereto, specifying therein in compliance with Section 2.01:
(i) the type Borrower requesting such Borrowing;
(ii) the date of Revolving Loan requestedsuch Borrowing;
(iii) the Type of Advances comprising such Borrowing;
(iv) the aggregate amount of such Borrowing;
(v) in the case of a Borrowing consisting of Term SOFR Advances, then the initial Interest Period for each such notice shall be deemed Advance; and
(vi) the location and number of the applicable Borrower’s account to which funds are to be a request advanced. Notwithstanding anything herein to the contrary, no Borrower may select Term SOFR Advances for a Base Rate Loan hereunder. The Agent any Borrowing if the obligation of the Lenders to make Term SOFR Advances shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing then be suspended pursuant to this Section 2.1(b)(i2.06(b), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto2.08 or 2.13.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Mondelez International, Inc.), 364 Day Revolving Credit Agreement (Mondelez International, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writingwith a written Notice of Borrowing) to the Agent not later than 11:00 A.M. 2:00 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Exhibit 2.1(b). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Apria Healthcare Group Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 10:30 A.M. (CharlotteMilwaukee, North Carolina Wisconsin time) on the Business Day prior to the date of the requested borrowing in the case of Base Prime Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Prime Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing a (“Notice of Borrowing”) is attached as Exhibit 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Prime Rate Loan hereunder. The Agent shall give notice to each affected Lender (promptly upon receipt of each Notice of Borrowing, and in any event not later than 12:00 noon, Milwaukee, Wisconsin time, with respect to any Notice of Borrowing delivered to the Agent pursuant to this Section 2.1(b)(i), section) of the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)
Notice of Borrowing. The Borrower Partnership shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third (3rd) Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefortherefor and (E) which Borrower is requesting such borrowing. If the Borrower Partnership shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering written notice (or telephonic notice promptly confirmed in writing) to the Agent Lender not later than 11:00 A.M. AM (CharlotteAustin, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Borrower elects to borrow at the Base Rate Loans, Eurodollar Loans or a combination thereofthe LIBOR-Based Rate, and (E) if Eurodollar Loans are requesteda LIBOR-Based Rate loan is selected by the Borrower, the LIBOR Interest Period(s) therefortherefor (it being understood that, for purposes hereof, LIBOR Loans with different LIBOR Interest Periods shall be considered as separate LIBOR Loans, even if they begin on the same date, although borrowings and extensions may, in accordance with the provisions hereof, be combined at the end of existing Interest Periods to constitute a new LIBOR Loan with a single LIBOR Interest Period). If With respect to Loans only, if the Borrower shall fail to specify an applicable LIBOR Interest Period in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LoanBorrowing, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Loan Agreement (National Instruments Corp), Loan Agreement (National Instruments Corp /De/)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Manitowoc Co Inc), Credit Agreement (Manitowoc Co Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing that the Loans be made on the Closing Date by written notice (a “Notice of Borrowing”) (or telephonic telephone notice promptly confirmed in writing, which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing Closing Date in the case of Base Rate Loans, Loans and on the third second Business Day prior to the date of the requested borrowing Closing Date in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing The Notice of Borrowing shall be irrevocable and shall specify (A) that a the Existing Revolving Loan is requestedLoans, after giving effect to the Closing Payment, are to be converted into Loans as set forth in Section 2.1(a), (B) the date of the requested borrowing Closing Date (which shall be a Business Day), and (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing Loans shall be comprised of Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and and, if Eurodollar Loans are requestedapplicable, the Interest Period(s) therefor. A form of Notice of Borrowing is attached as Exhibit B. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD)
Notice of Borrowing. The Dutch Borrower shall request the Term Loan B by delivering to the Administrative Agent a Revolving Loan borrowing by written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writing) writing by delivering to the Administrative Agent a Notice of Borrowing, which delivery may be by fax) not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of Closing Date (or at such later time as agreed to by the requested borrowing Administrative Agent) in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing Closing Date in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Such Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving the Term Loan B is requested, (B) the date of the requested borrowing (which shall be a Business Day), the Closing Date) and (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Dutch Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Term Loan B Lender promptly upon receipt of each such Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Term Loan B Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Alliance One International, Inc.), Credit Agreement (Alliance One International, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 12:00 Noon (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (International Speedway Corp), Credit Agreement (International Speedway Corp)
Notice of Borrowing. The Borrower Each Term Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Lender, which may be given by (i) telephone or (ii) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent Lender of a Loan Notice. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlotte, North Carolina timeA) on the two (2) Business Day Days prior to the requested date of the requested borrowing in the case any Term Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (B) on the third requested date of any Term Borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period of twelve (12) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Lender not later than 11:00 a.m. four (4) Business Day Days prior to the requested date of such Term Borrowing, conversion or continuation. Not later than 11:00 a.m., two (2) Business Days before the requested date of such Term Borrowing, conversion or continuation, the Lender shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period is available. Each Term Borrowing of, conversion to or continuation of Eurodollar Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each Term Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each Loan Notice (whether telephonic or written) shall specify (1) whether the Borrower is requesting a Term Borrowing, a conversion of Term Loans from one Type to the other, or a continuation of Term Loans, as the case may be, (2) the requested date of the requested borrowing in Term Borrowing, conversion or continuation, as the case of Eurodollar Loans. Each such request for borrowing shall may be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C3) the aggregate principal amount of Term Loans to be borrowed, converted or continued, (4) the Type of Loans to be borrowed or to which existing Term Loans are to be converted, and (D5) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Term Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Term Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Term Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Spark Therapeutics, Inc.), Credit Agreement (Alnylam Pharmaceuticals, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third second Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A1) that a Revolving Loan is requested, (B2) the date of the requested borrowing (which shall be a Business Day), (C3) the aggregate principal amount to be borrowed, borrowed and (D4) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Ia) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (IIb) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Cash America International Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (CharlotteDallas, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and (after the Initial Interest Rate Period) if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Genicom Corp), Credit Agreement (Genicom Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or email) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar SOFR Loans, or such shorter time as the Administrative Agent may agree to. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar SOFR Loans or a combination thereof, and if Eurodollar SOFR Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar SOFR Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised consist of an Alternate Base Rate Loans, Eurodollar Loans Loan or a combination thereofLIBOR Rate Loan, and if Eurodollar Loans are a LIBOR Rate Loan is requested, the Interest Period(s) Period therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Belden Inc.), Credit Agreement (Belden CDT Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing (which shall be a Business Day) in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, requested (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), of the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Pca International Inc), Credit Agreement (Pca International Inc)
Notice of Borrowing. The Borrower Company shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or electronic mail) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower Company shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date day of the requested borrowing borrowing, which shall be a Business Day, in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Dial Corp /New/), 364 Day Credit Agreement (Dial Corp /New/)
Notice of Borrowing. The Borrower shall Company may request a U.S. Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax or electronically by pdf) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLIBOR Rate Loans denominated in U.S. Dollars. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower Company shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such U.S. Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 2 contracts
Samples: Amendment No. 3 (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)
Notice of Borrowing. The Borrower Each Term Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Lender, which may be given by (A) telephone or (B) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent Lender of a Loan Notice. Each such notice must be received by the Lender not later than 11:00 A.M. a.m. (Charlotte, North Carolina timei) on the two (2) Business Day Days prior to the requested date of the requested borrowing in the case any Term Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (ii) on the third requested date of any Term Borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period of twelve (12) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Lender not later than 11:00 a.m. four (4) Business Day Days prior to the requested date of such Term Borrowing, conversion or continuation. Not later than 11:00 a.m., two (2) Business Days before the requested borrowing in date of such Term Borrowing, conversion or continuation, the case Lender shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period is available. Each Term Borrowing of, conversion to or continuation of Eurodollar LoansRate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each such request for borrowing Term Borrowing of or conversion to Base Rate Loans shall be irrevocable and be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each Loan Notice (whether telephonic or written) shall specify (A) that whether the Borrower is requesting a Revolving Loan is requestedTerm Borrowing, a conversion of Term Loans from one Type to the other, or a continuation of Term Loans, as the case may be, (B) the requested date of the requested borrowing Term Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (C) the aggregate principal amount of Term Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Term Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Term Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Term Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Term Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Alnylam Pharmaceuticals, Inc.)
Notice of Borrowing. The Borrower Borrowers shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) a.m. on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan or Term Loan, if applicable, is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing shall fail to specify (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderhereunder and (III) whether the borrowing is a Revolving Loan or a Term Loan, then such notice shall be deemed to be a request for a Revolving Loan. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon or Term Lenders, as appropriate, before 5:00 p.m. on the day of receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 2 contracts
Samples: Credit Agreement (Speedway Motorsports Inc), Credit Agreement (New Hampshire Motor Speedway, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans and Index Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or Index Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's share of any borrowing to thereof. LIBOR Rate Loans shall not be made pursuant theretoavailable hereunder until three (3) Business Days after the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Dollar Tree Stores Inc), Credit Agreement (Dollar Tree Stores Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) submit an appropriate Notice of Borrowing to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of borrowing, with respect to Base Rate Loans, and or on the third Business Day prior to the date Business Day of the requested borrowing in the case of borrowing, with respect to Eurodollar Loans. Each such request for borrowing , which Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Tender Loan advance is requested, (B) the date of the requested borrowing advance (which shall be a Business DayDay and either the Effective Date or a date prior to the date five (5) Business Days after the Effective Date), (C) the aggregate principal amount to be borrowed, advanced and (D) whether the borrowing advance shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Ix) an applicable Interest Period Period, in the case of a requested Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (IIy) the type of Revolving Loan advance requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunderLoan. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower shall request a Revolving Tranche A Term Loan borrowing advance by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (CharlotteDallas, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Tranche A Term Loan advance is requested, (B) the date of the requested borrowing advance (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, advanced and (D) whether the borrowing advance shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and - 45 - E-50 51 (after the Initial Interest Rate Period) if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Tranche A Term Loan advance requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.5(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Genicom Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised consist of Loans denominated in Dollars or a Foreign Currency, (E) for borrowings denominated in Dollars, whether the borrowing shall consist of an Alternate Base Rate Loans, Eurodollar Loans Loan or a combination thereofLIBOR Rate Loan, and (F) if Eurodollar Loans are a LIBOR Rate Loan is requested, the Interest Period(s) Period therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunderhereunder or (3) the currency of such borrowing, then such notice shall be deemed to be a request for Loans denominated in Dollars. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 1 contract
Samples: Credit Agreement (Belden Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina timeEastern Standard Time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a the type of Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing is attached as SCHEDULE 2.1(c)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.1(c)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Avteam Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 1 contract
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 11:30 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and not later than 2:00 P.M. (Charlotte, North Carolina time) on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansLoans (or such later time as mutually agreed upon by the Borrower and the Agent). Each such request for borrowing shall be irrevocable irrevocable, executed by a Financial Officer of the Borrower and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Autozone Inc)
Notice of Borrowing. The Borrower shall request a Revolving the Term Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing Closing Date in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing Closing Date in the case of Eurodollar Loans. Each such The request for borrowing shall be irrevocable and shall specify (A) that a Revolving Term Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (DC) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower such Notice of Borrowing shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Term Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Term Lender promptly upon before 5:00 p.m. (Charlotte, North Carolina time) on the day of receipt of each the Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Administrative Agent not later than 11:00 A.M. (CharlotteAtlanta, North Carolina Georgia time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Heilig Meyers Co)
Notice of Borrowing. The Borrower shall request a Revolving Loan ------------------- borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. 12:00 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by: (A) telephone or (B) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Loan Notice. Each such Loan Notice must be received by the Administrative Agent not later than 11:00 A.M. a.m. (Charlotte, North Carolina timei) on the three (3) Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any CHAR1\1485063v6 conversion of Eurodollar Rate Loans to Base Rate Loans, and (ii) on the third Business Day prior to the requested date of the requested borrowing in the case any Borrowing of Eurodollar Base Rate Loans. Each such request for borrowing Borrowing of, conversion to or continuation of Eurodollar Rate Loans shall be irrevocable in a principal amount of $250,000 or a whole multiple of $100,000 in excess thereof. Each Borrowing of or conversion to Base Rate Loans shall be in a principal amount of $250,000 or a whole multiple of $100,000 in excess thereof. Each Loan Notice and each telephonic notice shall specify (A) that whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, as the case may be, (B) the requested date of the requested borrowing Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in any such a Loan Notice of Borrowing (I) an applicable Interest Period in the case of requesting a Eurodollar LoanBorrowing, then such notice the applicable Loans shall be deemed made as Base Rate Loans. If the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be a request for continued as Eurodollar Rate Loans with an Interest Period of one (1) month. Any such automatic continuation as Eurodollar Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or (II) the type continuation of Revolving Eurodollar Rate Loans in any Loan requestedNotice, then such notice shall but fails to specify an Interest Period, it will be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt have specified an Interest Period of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant theretoone (1) month.
Appears in 1 contract
Samples: Credit Agreement (Jamba, Inc.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing, Tranche A Term Loan borrowing or a Tranche B Term Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans; PROVIDED, HOWEVER that only Eurodollar Loans with Interest Periods of one month shall be available hereunder until the Borrower shall have received notification (which notification in any event shall be provided within 90 days after the Closing Date) from the Agent that it has completed the syndication process. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving the type of Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Revolving Loan which is a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i3.2(a)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Tripoint Global Communications Inc)
Notice of Borrowing. The Parent Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. 1:30 P.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Parent Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.Administrative Agent
Appears in 1 contract
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice delivering a Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingby delivery of a Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) 12:00 Noon on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, Loans denominated in Dollars and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) the Borrower, (B) that a Revolving Loan is requested, (BC) the date of the requested borrowing (which shall be a Business Day), (CD) the aggregate principal amount to be borrowed, and (DE) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 1 contract
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the proposed date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third (3rd) Business Day prior to the date of the requested borrowing in the case of Base LIBOR Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I1) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II2) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base LIBOR Rate Loan hereunderfor an Interest Period of one month. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 1 contract
Samples: Credit Agreement (ARKO Corp.)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. A form of Notice of Borrowing (a "Notice of Borrowing") is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), of the contents thereof and each such Lender's share of any borrowing to be made pursuant theretothereof.
Appears in 1 contract
Samples: Credit Agreement (Right Management Consultants Inc)
Notice of Borrowing. The Borrower shall request a Revolving Liquidity Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (CharlotteDallas, North Carolina Texas time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Liquidity Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of Revolving Liquidity Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i2.7(b), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Genicom Corp)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice delivering to the Administrative Agent a Notice of Borrowing in the form attached hereto as Schedule 2.1(b)(i) (a "Notice of Borrowing") (or telephonic telephone notice promptly confirmed in writing) writing by delivering to the Administrative Agent a Notice of Borrowing, which delivery may be by fax) not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Administrative Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.thereof. 21 -106- (ii)
Appears in 1 contract
Samples: Credit Agreement (Dimon Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) ), in the form of a Notice of Borrowing attached hereto as Exhibit E, to the Agent not later than 11:00 A.M. 12:00 Noon (CharlotteCincinnati, North Carolina Ohio time) on the Business Day prior to on the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Iy) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one (1) month, or (IIz) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar Rate Loans shall request be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by: (A) telephone or (B) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Loan Notice. Each such Loan Notice must be received by the Administrative Agent not later than 11:00 A.M. a.m. (Charlotte, North Carolina timei) on the three (3) Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, and (ii) on the third Business Day prior to the requested date of the requested borrowing in the case any Borrowing of Eurodollar Base Rate Loans. Each such request for borrowing Borrowing of, conversion to or continuation of Eurodollar Rate Loans shall be irrevocable in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Sections 2.03(c) and 2.04(c), each Borrowing of or conversion to Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Loan Notice (whether telephonic or written) shall specify (A) that the applicable Facility and whether the Borrower is requesting a Revolving Loan is requestedBorrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, as the case may be, under such Facility, (B) the requested date of the requested borrowing Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (C) the aggregate principal amount of Loans to be borrowed, and converted or continued, (D) whether the borrowing shall Type of Loans to be comprised of Base Rate Loans, Eurodollar borrowed or to which existing Loans or a combination thereofare to be converted, and (E) if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month. Notwithstanding anything to the contrary herein, or (II) the type of Revolving a Swingline Loan requested, then such notice shall may not be deemed converted to be a request for a Base Eurodollar Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant theretoLoan.
Appears in 1 contract
Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of Term SOFR Loans shall request be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by (A) telephone or (B) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Loan Notice. Each such Loan Notice must be received by the Administrative Agent not later than 11:00 A.M. 8:00 a.m.
(Charlotte, North Carolina timei) on the two Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of Term SOFR Loans or of any conversion of Term SOFR Loans to Base Rate Loans, and (ii) on the third Business Day prior requested date of any Borrowing of Base Rate Loans. Each Borrowing of, conversion to or continuation of Term SOFR Loans shall be in a principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Except as provided in Sections 2.03(f), each Borrowing of or conversion to Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Loan Notice shall specify (i) whether the Borrower is requesting a Borrowing, a conversion of Loans from one Type to the other, or a continuation of Term SOFR Loans, (ii) the requested date of the requested borrowing in Borrowing, conversion or continuation, as the case of Eurodollar Loans. Each such request for borrowing shall may be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (Ciii) the aggregate principal amount of Loans to be borrowed, converted or continued, (iv) the Type of Loans to be borrowed or to which existing Loans are to be converted, and (Dv) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requestedapplicable, the duration of the Interest Period(s) thereforPeriod with respect thereto. If the Borrower shall fail fails to specify a Type of Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Term SOFR Loans. If the Borrower requests a Borrowing of, conversion to, or continuation of Term SOFR Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower shall may request a Revolving Loan borrowing by written notice (or telephonic telephone notice promptly confirmed in writingwriting which confirmation may be by fax) to the Agent Lender not later than 11:00 A.M. 12:00 Noon (CharlotteNew York, North Carolina New York time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) and currency therefor. A form of Notice of Borrowing (a “Notice of Borrowing”) is attached as Schedule 2.1(b)(i). If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar LIBOR Rate Loan, then such notice shall be deemed to be a request for an Interest Period of one month, month or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a an Alternate Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Ims Health Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by delivering a written notice Notice of Borrowing (or telephonic telephone notice promptly confirmed in writingwriting by delivery of a written Notice of Borrowing, which delivery may be by fax) to the Administrative Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Alternate Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LIBOR Rate Loans. Each such request for borrowing Notice of Borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, borrowed and (D) whether the borrowing shall be comprised of Alternate Base Rate Loans, Eurodollar LIBOR Rate Loans or a combination thereof, and if Eurodollar LIBOR Rate Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, LIBOR Rate Loan or (II) the type Type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base LIBOR Rate Loan hereunderwith an Interest Period of one month. The Administrative Agent shall give notice to each affected Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i)Borrowing, the contents thereof and each such Revolving Lender's ’s share of any borrowing to be made pursuant theretothereof.
Appears in 1 contract
Notice of Borrowing. The Borrower Each Borrowing, each conversion of Loans from one Type to the other, and each continuation of BSBY Rate Loans shall request be made upon the Company’s irrevocable notice to the Administrative Agent, which may be given by: (i) telephone or (ii) a Revolving Loan borrowing by written notice (or Notice; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Administrative Agent of a Loan Notice. Each such Loan Notice must be received by the Administrative Agent not later than 11:00 A.M. a.m. (Charlotte, North Carolina timeA) on the two (2) Business Day Days prior to the requested date of the requested borrowing in the case any Borrowing of, conversion to or continuation of BSBY Rate Loans or of any conversion of BSBY Rate Loans to Base Rate Loans, and (B) on the third requested date of any Borrowing of Base Rate Loans or BSBY Daily Floating Rate Loans; provided, however, that if the Company wishes to request BSBY Rate Loans having an Interest Period other than one (1), three (3) or six (6) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Day Days prior to the requested date of such Borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the Appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m. three (3) Business Days before the requested date of such Borrowing, conversion or continuation, the Administrative Agent shall notify the Company (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Each Borrowing of, conversion to or continuation of BSBY Rate Loans shall be in a principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Except as provided in Sections 2.03(c) and 2.04(c), each Borrowing of or conversion to Base Rate Loans or BSBY Daily Floating Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in connection with any conversion or continuation of a Term Loan, if less, the entire principal thereof then outstanding). Each Loan Notice and each telephonic notice shall specify (I) the applicable Facility and whether the Company is requesting a Borrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, as the case may be, under such Facility, (II) the requested date of the requested borrowing in Borrowing, conversion or continuation, as the case of Eurodollar Loans. Each such request for borrowing shall may be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (CIII) the aggregate principal amount of Loans to be borrowed, converted or continued, (IV) the Type of Loans to be borrowed or to which existing Loans are to be converted, and (DV) whether if applicable, the borrowing duration of the Interest Period with respect thereto. If the Company fails to specify a Type of Loan in a Loan Notice or if the Company fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be comprised of made as, or converted to, Base Rate Loans, Eurodollar . Any such automatic conversion to Base Rate Loans or a combination thereof, and if Eurodollar Loans are requested, shall be effective as of the last day of the Interest Period(s) thereforPeriod then in effect with respect to the applicable BSBY Rate Loans. If the Borrower shall fail to specify Company requests a Borrowing of, conversion to, or continuation of BSBY Rate Loans in any such Notice of Borrowing (I) Loan Notice, but fails to specify an applicable Interest Period in the case of a Eurodollar LoanPeriod, then such notice shall it will be deemed to be a request for have specified an Interest Period of one (1) month. Notwithstanding anything to the contrary herein, or (II) the type of Revolving a Swingline Loan requested, then such notice shall may not be deemed converted to be a request for a Base BSBY Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant theretoLoan.
Appears in 1 contract
Notice of Borrowing. The Borrower Airgas (through a Responsible Officer) shall request a U.S. Revolving Loan borrowing by written notice to the Agent which may be given by: (A) telephone or (B) a Notice of Borrowing; provided that any telephonic notice promptly must be confirmed in writing) immediately by delivery to the Agent of a Notice of Borrowing. Each such Notice of Borrowing must be received by the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of U.S. Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Eurocurrency Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a U.S. Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of U.S. Base Rate Loans, Eurodollar Eurocurrency Loans or a combination thereof, and if Eurodollar Eurocurrency Loans are requested, the Interest Period(s) therefor. If the Borrower Airgas shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Eurocurrency Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of U.S. Revolving Loan requested, then such notice shall be deemed to be a request for a U.S. Base Rate Loan hereunder. The Agent shall give notice to each affected U.S. Revolving Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), specifying the contents thereof and each such U.S. Revolving Lender's ’s share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Samples: Credit Agreement (Airgas Inc)
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice pursuant to a Notice of Borrowing in the form set forth in Schedule 2.1(b)(i) (or telephonic telephone notice promptly confirmed in writing) to the Agent not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar LoansEurocurrency Loans denominated in Dollars. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Eurocurrency Loans or a combination thereof, and if Eurodollar Eurocurrency Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (Ii) an applicable Interest Period in the case of a Eurodollar Eurocurrency Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (IIii) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract
Notice of Borrowing. The Borrower shall request a Revolving Loan borrowing by written notice (or telephonic notice promptly confirmed in writing) to the Agent not later than 11:00 12:00 A.M. (Charlotte, North Carolina time) on the Business Day prior to the date of the requested borrowing in the case of Base Rate Loans, and on the third Business Day prior to the date of the requested borrowing in the case of Eurodollar Loans. Each such request for borrowing shall be irrevocable and shall specify (A) that a Revolving Loan is requested, (B) the date of the requested borrowing (which shall be a Business Day), (C) the aggregate principal amount to be borrowed, and (D) whether the borrowing shall be comprised of Base Rate Loans, Eurodollar Loans or a combination thereof, and if Eurodollar Loans are requested, the Interest Period(s) therefor. If the Borrower shall fail to specify in any such Notice of Borrowing (I) an applicable Interest Period in the case of a Eurodollar Loan, then such notice shall be deemed to be a request for an Interest Period of one month, or (II) the type of Revolving Loan requested, then such notice shall be deemed to be a request for a Base Rate Loan hereunder. The Agent shall give notice to each affected Lender promptly upon receipt of each Notice of Borrowing pursuant to this Section 2.1(b)(i), the contents thereof and each such Lender's share of any borrowing to be made pursuant thereto.
Appears in 1 contract