Notice of Committed Borrowing. Each Committed Borrowing shall be made on notice, given by a Borrower to the Agent not later than 11:00 a.m. (New York City time) on the day of the proposed Committed Borrowing in the case of a Base Rate Borrowing and on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Eurodollar Rate Borrowing (a “Notice of Committed Borrowing”). Each such Notice of Committed Borrowing shall be in substantially the form of Exhibit X-x, specifying the requested (i) date of such Committed Borrowing, (ii) Type of Committed Advances constituting such Committed Borrowing, (iii) aggregate amount of such Committed Borrowing, and (iv) in the case of a Committed Borrowing composed of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance, which Interest Period may be 1, 2, 3 or 6 months, at the option of the Borrower, or, if acceptable to all the Lenders, 9 months. Every Notice of Committed Borrowing given by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBC, in its sole discretion, to that proposed Committed Borrowing. Upon receipt of a Notice of Committed Borrowing, the Agent shall promptly give notice to each Lender thereof.
Appears in 16 contracts
Samples: Credit Agreement (Boeing Capital Corp), Credit Agreement (Boeing Capital Corp), Credit Agreement (Boeing Co)
Notice of Committed Borrowing. Each Committed Borrowing shall be made on notice, given by a Borrower to the Agent not later than 11:00 a.m. (New York City time) on the day of the proposed Committed Borrowing in the case of a Base Rate Borrowing and on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Eurodollar Rate Borrowing (a “Notice of Committed Borrowing”). Each such Notice of Committed Borrowing shall be in substantially the form of Exhibit X-x, specifying the requested
(i) date of such Committed Borrowing,
(ii) Type of Committed Advances constituting such Committed Borrowing,
(iii) aggregate amount of such Committed Borrowing, and
(iv) in the case of a Committed Borrowing composed of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance, which Interest Period may be 1, 2, 3 or 6 months, at the option of the Borrower, or, if acceptable to all the Lenders, 9 months. Every Notice of Committed Borrowing given by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBC, in its sole discretion, to that proposed Committed Borrowing. Upon receipt of a Notice of Committed Borrowing, the Agent shall promptly give notice to each Lender thereof.
Appears in 2 contracts
Samples: Credit Agreement (Boeing Co), Credit Agreement (Boeing Co)
Notice of Committed Borrowing. Each Committed Borrowing shall be made on notice, given by a Borrower to the Agent not later than 11:00 a.m. (New York City time) on the day of the proposed Committed Borrowing in the case of a Base Rate Borrowing and on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Eurodollar Rate Borrowing (a “Notice of Committed Borrowing”). Each such Notice of Committed Borrowing shall be in substantially the form of Exhibit XB-x, specifying the requested
(i) date of such Committed Borrowing,
(ii) Type of Committed Advances constituting such Committed Borrowing,
(iii) aggregate amount of such Committed Borrowing, and
(iv) in the case of a Committed Borrowing composed of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance, which Interest Period may be 1, 2, 3 or 6 months, at the option of the applicable Borrower, or, if acceptable to all the Lenders, 9 months. Every Notice of Committed Borrowing given by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBC, in its sole discretion, to that proposed Committed Borrowing. Upon receipt of a Notice of Committed Borrowing, the Agent shall promptly give notice to each Lender thereof.
Appears in 1 contract
Samples: Credit Agreement (Boeing Co)
Notice of Committed Borrowing. Each The Borrower shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) signed by an authorized officer of the Borrower (provided that if such Notice of Committed Borrowing shall is submitted through an Approved Borrower Portal, such signature requirement may be made on notice, given by a Borrower to waived at the Agent sole discretion of the Administrative Agent) (x) not later than 11:00 a.m. 12:00 p.m. (New York City time) on the day Business Day of the proposed Committed Borrowing in the case of a each Base Rate Borrowing (or such shorter notice as may be acceptable to the Administrative Agent and each Bank) (other than Borrowings to be made on the third Closing Date) and (y) not later than 2:00 p.m. (New York time) three (3) Business Day prior Days before each Term Benchmark Borrowing (or such shorter notice as may be acceptable to the Administrative Agent and each Bank) (other than Borrowings to be made on the Closing Date), specifying:
(1) the date of the proposed Committed Borrowing in the case of a Eurodollar Rate Borrowing (a “Notice of Committed such Borrowing”). Each such Notice of Committed Borrowing , which shall be in substantially the form of Exhibit X-x, specifying the requesteda Business Day,
(i2) date the aggregate principal amount of such Committed Borrowing,
(ii3) Type the Class of Committed Advances constituting such Committed Borrowing,
(iii4) aggregate amount of whether the Loans comprising such Committed Borrowing, andBorrowing are to be Base Rate Loans or Term Benchmark Loans,
(iv5) in the case of a Committed Borrowing composed of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance, which Interest Period may be 1, 2, 3 or 6 months, at the option of the Borrower, or, if acceptable to all the Lenders, 9 months. Every Notice of Committed Borrowing given by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBC, in its sole discretion, to that proposed Committed Borrowing. Upon receipt of a Notice of Committed Term Benchmark Borrowing, the Agent shall promptly give notice duration of the Interest Period applicable thereto, subject to each Lender thereofthe provisions of the definition of Interest Period,
(6) the intended use for the proceeds of such Borrowing, and
(7) that no Default or Event of Default has occurred and is continuing.
Appears in 1 contract
Notice of Committed Borrowing. Each (a) The Borrower shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) signed by an authorized officer of the Borrower (provided that if such Notice of Committed Borrowing shall is submitted through an Approved Borrower Portal, such signature requirement may be made on notice, given by a Borrower to waived at the Agent sole discretion of the Administrative Agent) (x) not later than 11:00 a.m. 12:00 p.m. (New York City time) on the day Business Day of the proposed Committed Borrowing in the case of a each Base Rate Borrowing or RFR Borrowing (or such shorter notice as may be acceptable to the Administrative Agent and on each Bank) and (y) not later than 2:00 p.m. (New York time) three (3) Business Days before each Term Benchmark Borrowing (or such shorter notice as may be acceptable to the third Business Day prior to Administrative Agent and each Bank), specifying:
(1) the date of the proposed Committed Borrowing in the case of a Eurodollar Rate Borrowing (a “Notice of Committed such Borrowing”). Each such Notice of Committed Borrowing , which shall be in substantially the form of Exhibit X-x, specifying the requesteda Business Day,
(i2) date the aggregate principal amount of such Committed Borrowing,
(ii3) Type the Class of Committed Advances constituting such Committed Borrowing,
(iii4) aggregate amount of whether the Loans comprising such Committed BorrowingBorrowing are to be Base Rate Loans, andRFR Loans or Term Benchmark Loans,
(iv5) in the case of a Committed Borrowing composed of Eurodollar Rate AdvancesTerm Benchmark Borrowing, the initial duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period,
(6) the intended use for the proceeds of such Borrowing, and
(7) that no Default or Event of Default has occurred and is continuing.
(b) The Borrower shall give the Administrative Agent, and the designated Fronting Bank(s), written notice, together with a Letter of Credit Application, in the event that it desires to have Letters of Credit (each, a “Letter of Credit”) issued hereunder no later than 2:00 p.m., New York City time, at least four (4) Business Days prior to the date of such issuance. Each such notice shall specify (i) the designated Fronting Bank(s), (ii) the aggregate amount of the requested Letters of Credit, (iii) the individual amount of each requested Letter of Credit and the number of Letters of Credit to be issued, (iv) the date of such issuance (which shall be a Business Day), (v) the name and address of the beneficiary, (vi) the expiration date of the Letter of Credit (which in no event shall be later than twelve (12) months after the issuance of such Letter of Credit or the Maturity Date, whichever is earlier), (vii) the purpose and circumstances for which such Letter of Credit is being issued, (viii) the terms upon which each such Committed AdvanceLetter of Credit may be drawn down (which terms shall not leave any discretion to such Fronting Bank) and (ix) a certification that the aggregate outstanding amount of all Letters of Credit issued by such Fronting Bank under this Agreement does not exceed its Letter of Credit Commitment. No later than 2:00 p.m., New York City time, on the date that is four (4) Business Days prior to the date of issuance, the Borrower shall specify a precise description of the documents and the verbatim text of any certificate to be presented by the beneficiary of such Letter of Credit, which Interest Period may be 1, 2, 3 or 6 months, at if presented by such beneficiary prior to the option expiration date of the BorrowerLetter of Credit would require the applicable Fronting Bank to make a payment under the Letter of Credit; provided, or, if acceptable to all the Lenders, 9 months. Every Notice of Committed Borrowing given by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBCthat any Fronting Bank may, in its sole discretionreasonable judgment, require changes in any such documents and certificates only in conformity with changes in customary and commercially reasonable practice or law. In determining whether to pay on such Letter of Credit, such Fronting Bank shall be responsible only to determine that proposed Committed Borrowing. Upon receipt the documents and certificates required to be delivered under the Letter of a Notice Credit have been delivered and that they comply on their face with the requirements of Committed Borrowing, the Agent shall promptly give notice to each Lender thereofthat Letter of Credit.
Appears in 1 contract
Notice of Committed Borrowing. Each Committed Borrowing shall be made on notice, given by a Borrower to the Agent not later than 11:00 a.m. (New York City time) on the day of the proposed Committed Borrowing in the case of a Base Rate Borrowing and on the third Business Day prior to the date of the proposed Committed Borrowing in the case of a Eurodollar Rate Borrowing (a “Notice of Committed Borrowing”). Each such Notice of Committed Borrowing shall be in substantially the form of Exhibit X-x, specifying the requested
(i) date of such Committed Borrowing,
(ii) Type of Committed Advances constituting such Committed Borrowing,
(iii) aggregate amount of such Committed Borrowing, and
(iv) in the case of a Committed Borrowing composed of Eurodollar Rate Advances, the initial Interest Period for each such Committed Advance, which Interest Period may be 1, 2, 3 or 6 months, at the option of the applicable Borrower, or, if acceptable to all the Lenders, 9 months. Every Notice of Committed Borrowing given by a Subsidiary Borrower must be countersigned by an authorized representative of TBC, in order to evidence the consent of TBC, in its sole discretion, to that proposed Committed Borrowing. Upon receipt of a Notice of Committed Borrowing, the Agent shall promptly give notice to each Lender thereof.
Appears in 1 contract
Samples: Credit Agreement (Boeing Co)