Common use of Notice of Fundings Clause in Contracts

Notice of Fundings. (a) From time to time, but not more frequently than (i) in the case of Construction Loans (except for Construction Loans made on the Conversion Date) twice each calendar month and not more than twelve (12) times in aggregate until the Construction Loan Maturity Date, (ii) in the case of Working Capital Loans, two (2) times per calendar month and (iii) once with respect to Term Loans to be made on the Conversion Date, the Borrower may propose a Funding by delivering to the Administrative Agent a properly completed Funding Notice not later than 12:00 noon, New York City time, three (3) Business Days prior to the proposed Funding Date. Each Funding Notice delivered pursuant to this Section 2.04 shall be irrevocable and shall refer to this Agreement and specify (w) whether such Funding is requested to be of Eurodollar Loans and/or Base Rate Loans, (x) the requested Funding Date (which shall be a Business Day), (y) the amount of such requested Funding and (z) the type(s) of Loan(s) with respect to which such Funding is requested. (b) The Administrative Agent shall promptly advise (i) each Construction/Term Lender of any Construction Loan Funding Notice or the Conversion Date Funding Notice as applicable and (ii) each Working Capital Lender of any Working Capital Loan Funding Notice, in each such case given pursuant to this Section 2.04, together with each such Lender’s portion of the requested Funding.

Appears in 1 contract

Samples: Credit Agreement (Nova Biosource Fuels, Inc.)

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Notice of Fundings. (a) From time to time, but not more frequently than (i) in the case of Construction Loans (except for Construction Loans made on the Conversion Date) twice each calendar month and not more than twelve (12) times in aggregate until the Construction Loan Maturity Date, (ii) in the case of Working Capital Loans, two (2) six times per calendar month and (iii) once and, with respect to the Tranche A-1 Term Loans to be made Loans, only on the Conversion DateClosing Date and the Funding Date of the Tranche A-1 Subsequent Term Loans), the Borrower Borrowers may propose a Funding by delivering to the Administrative Agent a properly completed Funding Notice not later than 12:00 noon, New York City time, three five (35) Business Days prior to the proposed Funding Date; provided that in the case of the Loans to be made on the Closing Date and the Funding Date of the Tranche A-1 Subsequent Term Loans, such five (5) Business Day period is hereby waived. Each Funding Notice delivered pursuant to this Section 2.04 shall be irrevocable and shall refer to this Agreement and specify (wi) whether such Funding is requested to be of Eurodollar Loans and/or Base Rate Loans, (xii) the requested Funding Date (which shall be a Business Day), (yiii) the amount of such requested Funding and (ziv) the type(s) of Loan(s) with respect to which such Funding is requested. The Tranche A-2 Term Loans shall initially be Base Rate Loans. (b) The Administrative Agent shall promptly advise (i) each Construction/Term Tranche A-1 Lender of any Construction Loan the Term Funding Notice or the Conversion Date Funding Notice as applicable and (ii) each Working Capital Revolving Lender of any Working Capital Loan Revolving Funding Notice, in each such case given pursuant to this Section 2.04, together with and of each such Lender’s portion of the requested Funding.

Appears in 1 contract

Samples: Credit Agreement (Pacific Ethanol, Inc.)

Notice of Fundings. (a) From time to time, but not more frequently than (i) in the case of Construction Loans (except for Construction Loans made on the Conversion Date), two (2) twice times each calendar month and not more than twelve eighteen (1218) times in aggregate until the Construction Loan Maturity Dateeach calendar year, (ii) in the case of Working Capital Loans, two (2) times per calendar month and (iii) once with respect to Term Loans to be made on the Conversion Date, the Borrower may propose a Funding by delivering to the Administrative Agent a properly completed Funding Notice not later than 12:00 noon2:00 p.m., New York City time, three five (35) Business Days prior to the proposed Funding Date. Each Funding Notice delivered pursuant to this Section 2.04 shall be irrevocable and shall refer to this Agreement and specify (wv) whether such Funding is requested to be of Eurodollar Loans and/or Base Rate Loans, (xw) the requested Funding Date (which shall be a Business Day), (yx) the amount of such requested Funding and Funding, (zy) the type(s) of Loan(s) with respect to which such Funding is requested (and, in the case of Funding on the Conversion Date, may include Construction Loans, Term Loans and Working Capital Loans) and (z) the initial Interest Period for the Loans requested. (b) The Administrative Agent shall promptly advise (i) each Construction/Term Lender of any Construction Loan Funding Notice or the Conversion Date Funding Notice as applicable and (ii) each Working Capital Lender of any Working Capital Loan Funding Notice, in each such case given pursuant to this Section 2.04, together with each such Lender’s portion of the requested Funding.

Appears in 1 contract

Samples: Senior Credit Agreement (First United Ethanol LLC)

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Notice of Fundings. (a) From time to time, but not more frequently than (i) in the case of Construction Loans (except for Construction Loans made on the Conversion Date) twice each ), once per calendar month and not more than twelve (12) times in aggregate until the Construction Loan Maturity Datemonth, (ii) in the case of Working Capital Loans, two (2) times per calendar month and (iii) once with respect to Term Loans to be made on the Conversion Date, the Borrower may propose a Funding by delivering to the Administrative Agent a properly completed Funding Notice not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days prior to the proposed Funding Date. Each Funding Notice delivered pursuant to this Section 2.04 2.05 shall be irrevocable and shall refer to this Agreement and specify (wv) whether such Funding is requested to be of Eurodollar Loans and/or Base Rate Loans, (xw) the requested Funding Date (which shall be a Business Day), (yx) the amount of such requested Funding and Funding, (zy) the type(s) of Loan(s) with respect to which such Funding is requested (and, in the case of Funding on the Conversion Date, may include Construction Loans, Term Loans and Working Capital Loans) and (z) the initial Interest Period for the Loans requested. (b) The Administrative Agent shall promptly advise (i) each Construction/Term Lender of any Construction Loan Funding Notice or the Conversion Date Funding Notice as applicable and (ii) each Working Capital Lender of any Working Capital Loan Funding Notice, in each such case given pursuant to this Section 2.042.05, together with and of each such Lender’s portion of the requested Funding.

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

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