Notice of Committed Borrowings. Any Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 A.M. (London time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in euros or English pounds sterling, specifying: (a) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, a Universal Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign Currency, (b) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or euros, (c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans or Euro-Currency Loans, and (d) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to the pricing of Loans comprising the Borrowing is specified, then the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed to have selected an Interest Period of one month’s duration.
Appears in 2 contracts
Samples: Credit Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC)
Notice of Committed Borrowings. Any The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 10:00 A.M. (London time) on the third Universal Business Day before date of each such Euro-Currency Borrowing denominated in euros or English pounds sterling, specifying:
(a) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, a Universal Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign Currency,
(b) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or euros,
(c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans or Euro-Currency Loans, and
(d) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to the pricing of Loans comprising the Borrowing is specified, then the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed to have selected an Interest Period of one month’s duration.
Appears in 2 contracts
Samples: Credit Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC)
Notice of Committed Borrowings. Any (a) The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “"Notice of Committed Borrowing”") not later than 10:00 A.M. (Wilmington, Delaware time) on (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. the second Domestic Business Day before each CD Borrowing and (New York City timez) on the third Universal Euro-Dollar Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 A.M. (London time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in euros or English pounds sterlingDollar Borrowing, specifying:
(ai) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, Domestic Borrowing or a Universal Euro-Dollar Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign CurrencyDollar Borrowing,
(bii) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or eurosBorrowing,
(ciii) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be CD Loans, Base Rate Loans or Euro-Currency Dollar Loans, and
(div) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to .
(b) The provisions of subsection (a) above notwithstanding, if the pricing Borrower shall not have given a Notice of Loans comprising Borrowing not later than 10:00 A.M. (Wilmington, Delaware time) on the Borrowing is specified, then last day of the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect applicable to any requested Euro-Currency an outstanding Committed Borrowing, then then, unless the applicable Borrower or Additional Borrower notifies the Agent before such time that it elects not to borrow on such date, the Agent shall be deemed to have selected an received a Notice of Committed Borrowing specifying that (i) the date of the proposed Borrowing shall be the last day of the Interest Period applicable to such outstanding Borrowing, (ii) the aggregate amount of one month’s durationthe proposed Borrowing shall be the amount of such outstanding Borrowing and (iii) the Loans comprising the proposed Borrowing are to be Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Central Hudson Gas & Electric Corp)
Notice of Committed Borrowings. Any The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 A.M. (London time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in euros or English pounds sterling, specifying:
(a) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, a Universal Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign Currency,
(b) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or euros,
(c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans or Euro-Currency Loans, and
and (d) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to the pricing of Loans comprising the Borrowing is specified, then the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed to have selected an Interest Period of one month’s duration.
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Notice of Committed Borrowings. Any Each Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Euro-Currency Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 10:00 A.M. (London time) on the third Universal Business Day before date of each such Euro-Currency Borrowing denominated in euros or English pounds sterling, specifying:
(a) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, a Universal Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign CurrencyBorrowing,
(b) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or in euros,
(c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans or Euro-Currency Loans, and
(d) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to the pricing of Loans comprising the Borrowing is specified, then the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed to have selected an Interest Period of one month’s duration.
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Notice of Committed Borrowings. Any (a) The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent at least two Domestic Business Days' notice (or, in the case of a “Notice of Committed Borrowing”) (x) at its New York address Base Rate Borrowing on a date for which the Borrower has requested quotes pursuant to a Money Market Auction but not accepted quotes in the full amount for which requested, notice not later than 11:00 A.M. (New York City time) on the date of each Base Rate such Borrowing, ) (ya "Notice of Committed Borrowing") of its intention to make a Domestic Borrowing and at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each least three Euro-Currency Borrowing denominated in DollarsDollar Business Days' notice (five Euro-Dollar Business Days' notice, and (z) in the case of Euro Loansa Euro-Dollar Borrowing with respect to which a 12-month Interest Period is requested) of its intention to make a Euro-Dollar Borrowing, at its London address in each case in writing (or by telephone confirmed in writing not later than 11:00 A.M. (London time) the close of business on the third Universal next succeeding Domestic Business Day before each or Euro-Currency Borrowing denominated in euros or English pounds sterlingDollar Business Day, as applicable) specifying:
(ai) the proposed date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, Domestic Borrowing or a Universal Euro-Dollar Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign CurrencyDollar Borrowing,
(bii) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or eurosBorrowing,
(ciii) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be CD Loans, Base Rate Loans or Euro-Currency Dollar Loans, and
(div) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as .
(b) The provisions of subsection (a) above notwithstanding, if the Borrower shall not have given a Notice of Committed Borrowing not later than two Domestic Business Days prior to the pricing last day of Loans comprising the Interest Period applicable to an outstanding Committed Borrowing is specified, then the requested Borrowing shall be a consisting of Base Rate Borrowing. If no Loans, then, unless the Borrower shall have notified the Administrative Agent not later than two Domestic Business Days prior to the last day of such Interest Period is specified with respect that it elects not to any requested Euro-Currency Borrowingborrow on such date, then the applicable Borrower or Additional Borrower Administrative Agent shall be deemed to have selected an received a Notice of Committed Borrowing specifying (i) that the date of the proposed Borrowing shall be the last day of the Interest Period applicable to such outstanding Borrowing, (ii) that the aggregate amount of the proposed Borrowing shall be the amount of such outstanding Borrowing (reduced to the extent necessary to reflect any reduction of the Commitments on or prior to the date of the proposed Borrowing), and (iii) that the Loans comprising the proposed Borrowing are to be Base Rate Loans.
(c) No more than eight Euro-Dollar Borrowings and eight CD Borrowings shall be outstanding at any one month’s durationtime and no more than four Euro-Dollar Borrowings or CD Borrowings at any one time outstanding shall have one-month or 30-day Interest Periods.
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Notice of Committed Borrowings. Any (a) The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “"Notice of Committed Borrowing”") (x) at its New York address not later than 11:00 10:00 A.M. (New York City time) on (x) the date of Funding Date for each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal second Domestic Business Day before the Funding Date for each Euro-Currency CD Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 A.M. (London time) on the third Universal Euro-Dollar Business Day before the Funding Date for each Euro-Currency Borrowing denominated in euros or English pounds sterlingDollar Borrowing, specifying:
(ai) the date of Funding Date for such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, Domestic Borrowing or a Universal Euro-Dollar Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign Currency,
Dollar Borrowing, (bii) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or euros,
(c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans, CD Loans or Euro-Currency Dollar Loans, and
(diii) the aggregate amount of such Borrowing, which shall be $10,000,000 or a larger multiple of $1,000,000 (except that any such Borrowing may be in the aggregate amount available in accordance with Section 3.02(b)), and (iv) in the case of a Fixed Rate Borrowing, the duration of the initial Interest Period applicable thereto, subject to the provisions of the definition of Interest Period.
(b) Upon receipt of a Notice of Committed Borrowing, the Agent shall promptly notify each Bank of the contents thereof and of such Bank's ratable share of the Loans to be made on the Funding Date for such Borrowing and such Notice of Committed Borrowing shall not thereafter be revocable by the Borrower.
(c) Not later than 12:00 noon (New York City time) on the Funding Date for each Committed Borrowing, each Bank shall make available its ratable share of the Loans comprising such Borrowing, in Federal or other funds immediately available in New York City, to the Agent at its address specified in or pursuant to Section 11.01. Unless the Agent determines that any applicable condition specified in Article 3 has not been satisfied, the Agent will make the funds so received from the Banks available to the Borrower at the Agent's aforesaid address.
(d) Unless the Agent shall have received notice from a Bank prior to the Funding Date for any Committed Borrowing that such Bank will not make available to the Agent such Bank's share of the Loans comprising such Borrowing, the Agent may assume that such Bank has made such share available to the Agent on such Funding Date in accordance with subsection (c) of this Section and the Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If no election as and to the pricing of Loans comprising extent that such Bank shall not have so made such share available to the Borrowing is specifiedAgent, then the requested Borrowing Agent shall be entitled to recover from either such Bank or the Borrower (each of which agrees to pay such amount forthwith on demand) such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Agent, at (i) in the case of the Borrower, a Base rate per annum equal to the higher of the Federal Funds Rate Borrowingand the interest rate applicable to such Borrowing pursuant to Section 2.05 or (ii) in the case of such Bank, the Federal Funds Rate. If no Interest Period is specified such Bank shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan included in such Borrowing for purposes of this Agreement. Any amounts paid by the Borrower to the Agent pursuant to this subsection (d) shall not relieve the defaulting Bank from any liability that such Bank may otherwise have to the Borrower with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed its failure to have selected an Interest Period of one month’s durationfund.
Appears in 1 contract
Samples: Credit Agreement (Polaroid Corp)
Notice of Committed Borrowings. Any Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 A.M. (London time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in euros or English pounds sterling, specifying:
(a) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, a Universal Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign Currency,
(b) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in DollarsDollars or a Foreign Currency (and if a Foreign Currency, English pounds sterling or eurosidentifying which Foreign Currency),
(c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans or Euro-Currency Loans, and
(d) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to the pricing of Loans comprising the Borrowing is specified, then the requested Borrowing shall be a Base Rate BorrowingEuro-Currency Borrowing with an Interest Period of one month’s duration. If no Interest Period is specified with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed to have selected an Interest Period of one month’s duration.
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Notice of Committed Borrowings. Any The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “Notice of Committed Borrowing”) (x) at its New York address not later than 11:00 A.M. (New York City time) on the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 10:00 A.M. (London time) on the third Universal Business Day before date of each such Euro-Currency Borrowing denominated in euros or English pounds sterling, specifying:
(a) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, a Universal Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign Currency,
(b) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or in euros,
(c) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be Base Rate Loans or Euro-Currency Loans, and
(d) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to the pricing of Loans comprising the Borrowing is specified, then the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Euro-Currency Borrowing, then the applicable Borrower or Additional Borrower shall be deemed to have selected an Interest Period of one month’s duration.
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Notice of Committed Borrowings. Any (a) A Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent at least two Domestic Business Days' notice (or, in the case of a “Notice of Committed Borrowing”) (x) at its New York address Base Rate Borrowing on a date for which such Borrower has requested quotes pursuant to a Money Market Auction but not accepted quotes in the full amount for which requested, notice not later than 11:00 A.M. (New York City time) on the date of each Base Rate such Borrowing, ) (ya "NOTICE OF COMMITTED BORROWING") of its intention to make a Domestic Borrowing and at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each least three Euro-Currency Borrowing denominated in DollarsDollar Business Days' notice (five Euro-Dollar Business Days' notice, and (z) in the case of Euro Loansa Euro- Dollar Borrowing with respect to which a 12-month Interest Period is requested) of its intention to make a Euro-Dollar Borrowing, at its London address in each case in writing (or by telephone confirmed in writing not later than 11:00 A.M. (London time) the close of business on the third Universal next succeeding Domestic Business Day before each or Euro-Currency Borrowing denominated in euros or English pounds sterlingDollar Business Day, as applicable) specifying:
(ai) the proposed date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, Domestic Borrowing or a Universal Euro- Dollar Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign CurrencyDollar Borrowing,
(bii) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or eurosBorrowing,
(ciii) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be CD Loans, Base Rate Loans or Euro-Currency Dollar Loans, and
(div) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as .
(b) The provisions of subsection (a) above notwithstanding, if a Borrower shall not have given a Notice of Committed Borrowing not later than two Domestic Business Days prior to the pricing last day of Loans comprising the Interest Period applicable to an outstanding Committed Borrowing is specified, then the requested Borrowing shall be a consisting of Base Rate Borrowing. If no Loans, then, unless such Borrower shall have notified the Administrative Agent not later than two Domestic Business Days prior to the last day of such Interest Period is specified with respect that it elects not to any requested Euro-Currency Borrowingborrow on such date, then the applicable Borrower or Additional Borrower Administrative Agent shall be deemed to have selected an received a Notice of Committed Borrowing specifying (i) that the date of the proposed Borrowing shall be the last day of the Interest Period applicable to such outstanding Borrowing, (ii that the aggregate amount of the proposed Borrowing shall be the amount of such outstanding Borrowing (reduced to the extent necessary to reflect any reduction of the Commitments on or prior to the date of the proposed Borrowing), and (ii that the Loans comprising the proposed Borrowing are to be Base Rate Loans.
(c) No more than eight Euro-Dollar Borrowings and eight CD Borrowings shall be outstanding at any one month’s durationtime and no more than four Euro-Dollar Borrowings or CD Borrowings at any one time outstanding shall have one-month or 30-day Interest Periods.
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Notice of Committed Borrowings. Any (a) The Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent notice (a “"Notice of Committed Borrowing”") (x) at its New York address not later than 11:00 10:30 A.M. (New York City time) on (x) the date of each Base Rate Borrowing, (y) at its New York address not later than 11:00 A.M. the second Domestic Business Day before each CD Borrowing and (New York City timez) on the third Universal Euro-Dollar Business Day before each Euro-Currency Borrowing denominated in Dollars, and (z) in the case of Euro Loans, at its London address not later than 11:00 A.M. (London time) on the third Universal Business Day before each Euro-Currency Borrowing denominated in euros or English pounds sterlingDollar Borrowing, specifying:
(ai) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, Domestic Borrowing or a Universal Euro-Dollar Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign CurrencyDollar Borrowing,
(bii) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or eurosBorrowing,
(ciii) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be CD Loans, Base Rate Loans or Euro-Currency Dollar Loans, and
(div) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as to .
(b) The provisions of subsection (a) above notwithstanding, if the pricing Borrower shall not have given a Notice of Loans comprising Borrowing not later than 10:30 A.M. (New York City time) on the Borrowing is specified, then last day of the requested Borrowing shall be a Base Rate Borrowing. If no Interest Period is specified with respect applicable to any requested Euro-Currency an outstanding Committed Borrowing, then then, unless the applicable Borrower or Additional Borrower notifies the Agent before such time that it elects not to borrow on such date, the Agent shall be deemed to have selected an received a Notice of Committed Borrowing specifying (i) that the date of the proposed Borrowing shall be the last day of the Interest Period applicable to such outstanding Borrowing, (ii) that the aggregate amount of one month’s durationthe proposed Borrowing shall be the amount of such outstanding Borrowing, and (iii) that the Loans comprising the proposed Borrowing are to be Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Kerr McGee Corp)
Notice of Committed Borrowings. Any (a) A Borrower or any Additional Borrower, as applicable, shall give the Administrative Agent at least two Domestic Business Days' notice (or, in the case of a “Notice of Committed Borrowing”) (x) at its New York address Base Rate Borrowing on a date for which such Borrower has requested quotes pursuant to a Money Market Auction but not accepted quotes in the full amount for which requested, notice not later than 11:00 A.M. (New York City time) on the date of each Base Rate such Borrowing, ) (ya "Notice of Committed Borrowing") of its intention to make a Domestic Borrowing and at its New York address not later than 11:00 A.M. (New York City time) on the third Universal Business Day before each least three Euro-Currency Borrowing denominated in DollarsDollar Business Days' notice (five Euro-Dollar Business Days' notice, and (z) in the case of Euro Loansa Euro-Dollar Borrowing with respect to which a 12-month Interest Period is requested) of its intention to make a Euro-Dollar Borrowing, at its London address in each case in writing (or by telephone confirmed in writing not later than 11:00 A.M. (London time) the close of business on the third Universal next succeeding Domestic Business Day before each or Euro-Currency Borrowing denominated in euros or English pounds sterlingDollar Business Day, as applicable) specifying:
(ai) the proposed date of such Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Borrowing, Domestic Borrowing or a Universal Euro-Dollar Business Day in the case of a Euro-Currency Borrowing denominated in Dollars or a Euro-Currency Business Day in the case of a Euro-Currency Borrowing denominated in a Foreign CurrencyDollar Borrowing,
(bii) the aggregate amount of such Borrowing and whether such Borrowing is to be denominated in Dollars, English pounds sterling or eurosBorrowing,
(ciii) in the case of Loans to be made in Dollars, whether the Loans comprising such Borrowing are to be CD Loans, Base Rate Loans or Euro-Currency Dollar Loans, and
(div) in the case of a Fixed Rate Borrowing, the duration of the Interest Period applicable thereto, subject to the provisions of the definition of Interest Period. If no election as .
(b) The provisions of subsection (a) above notwithstanding, if a Borrower shall not have given a Notice of Committed Borrowing not later than two Domestic Business Days prior to the pricing last day of Loans comprising the Interest Period applicable to an outstanding Committed Borrowing is specified, then the requested Borrowing shall be a consisting of Base Rate Borrowing. If no Loans, then, unless such Borrower shall have notified the Administrative Agent not later than two Domestic Business Days prior to the last day of such Interest Period is specified with respect that it elects not to any requested Euro-Currency Borrowingborrow on such date, then the applicable Borrower or Additional Borrower Administrative Agent shall be deemed to have selected an received a Notice of Committed Borrowing specifying (i) that the date of the proposed Borrowing shall be the last day of the Interest Period applicable to such outstanding Borrowing, (ii) that the aggregate amount of the proposed Borrowing shall be the amount of such outstanding Borrowing (reduced to the extent necessary to reflect any reduction of the Commitments on or prior to the date of the proposed Borrowing), and (iii) that the Loans comprising the proposed Borrowing are to be Base Rate Loans.
(c) No more than eight Euro-Dollar Borrowings and eight CD Borrowings shall be outstanding at any one month’s durationtime and no more than four Euro-Dollar Borrowings or CD Borrowings at any one time outstanding shall have one-month or 30-day Interest Periods.
Appears in 1 contract