Common use of Notice of Borrowings Clause in Contracts

Notice of Borrowings. The Borrower shall give the Administrative Agent written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed borrowing, (b) in the case of an ABR Term Borrowing, not later than 11:00 a.m., New York City time, one Business Day before a proposed borrowing and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (iv) the number and location of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification in any such notice, each requested Borrowing shall comply with the requirements set forth in Section 2.

Appears in 3 contracts

Samples: Credit Agreement (Jefferson Smurfit Corp /De/), Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Jsce Inc)

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Notice of Borrowings. The Borrower shall give the Administrative Agent written or telecopy telephone notice (or telephone notice promptly confirmed in writing or by telecopytelecopy in the form of Exhibit I-1 hereto) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed borrowing, borrowing and (b) in the case of an ABR Term Borrowing, not later than 11:00 a.m., New York City time, one Business Day before a proposed borrowing and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., New York City time, on the day Business Day of a the proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, applicable Class and whether Type of such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (iv) . If no election as to the number and location Type of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification Borrowing is specified in any such notice, each then the requested Borrowing shall comply be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the requirements set forth in Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 22.03 and of each Lender's pro rata portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Star Gas Partners Lp), Parity Debt Credit Agreement (Star Gas Partners Lp)

Notice of Borrowings. The Borrower shall give the Administrative Agent written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopywriting) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three Business Days before a the proposed borrowing, Borrowing and (b) in the case of an ABR Term Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, one Business Day before a the proposed borrowing and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (iv) . If no election as to the number and location Type of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification Borrowing is specified in any such notice, each then the requested Borrowing shall comply be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the requirements set forth in Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 22.03 and of each Lender's portion of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Collins & Aikman Corp), Credit Agreement (Collins & Aikman Corp)

Notice of Borrowings. The Borrower shall give the Administrative Agent written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City time, three Business Days before a proposed borrowing, borrowing and (b) in the case of an ABR Term Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, one Business Day before a proposed borrowing and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; and (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (iv) . If no election as to the number and location Type of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification Borrowing is specified in any such notice, each then the requested Borrowing shall comply be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the requirements set forth Borrower shall be deemed to have selected an Interest Period of one month's duration, in the case of a Eurodollar Borrowing. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 22.03 and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Arm Financial Group Inc)

Notice of Borrowings. The Borrower shall give the Administrative Agent written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed borrowing, (b) in the case of an ABR Term Tranche F Borrowing, not later than 11:00 a.m., New York City time, one Business Day before a proposed borrowing and (c) in the case of an ABR Revolving Borrowing or ABR Revolving (Supplemental) Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: (i) the Type of Borrowing (Eurodollar or ABR); (ii) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Revolving (Supplemental) Credit Borrowing or an ABR Tranche F Borrowing; ; (iiiii) the aggregate amount of such Borrowing; (iv) the date of such Borrowing (which shall be a Business Day); (v) and in the amount thereof; (iii) if such Borrowing is to be case of a Eurodollar Borrowing, the Interest Period with respect thereto; and and (ivvi) the number and location of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification in any such notice, each requested Borrowing shall comply with the requirements set forth in Section 2.;

Appears in 1 contract

Samples: Credit Agreement (Stone Container Corp)

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Notice of Borrowings. The Borrower shall give the Administrative Agent written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed borrowing, borrowing and (b) in the case of an ABR Term Borrowing, not later than 11:00 a.m., New York City time, one Business Day before a proposed borrowing and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: : (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (iv) the number and location of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification in any such notice, each requested Borrowing shall comply with the requirements set forth in Section 22.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. The Administrative Agent shall promptly advise the Lenders of any notice given pursuant to this Section 2.03, and of each Lender's portion of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Smurfit Stone Container Corp)

Notice of Borrowings. The Borrower shall give the -------------------- Administrative Agent written or telecopy notice (or telephone notice promptly confirmed in writing or by telecopy) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before a proposed borrowing, (b) in the case of an ABR Term Borrowing, not later than 11:00 a.m., New York City time, one Business Day before a proposed borrowing and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed borrowing. Such notice shall be irrevocable and shall in each case refer to this Agreement and specify the following information: (i) whether the Borrowing then being requested is to be a Term Borrowing or a Revolving Credit Borrowing, and whether such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day) and the amount thereof; (iii) if such Borrowing is to be a Eurodollar Borrowing, the Interest Period with respect thereto; and (iv) the number and location of the account to which funds are to be disbursed; provided, however, that, notwithstanding any contrary specification in any such notice, each requested Borrowing shall comply with the requirements set forth in Section 2.

Appears in 1 contract

Samples: Credit Agreement (Smurfit Stone Container Corp)

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