Notice of Loan Borrowing. The Borrowers shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things: (i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans; (ii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans; (iii) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers for such LIBOR Loans in accordance with Section 2.01(f); and (iv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication to the Administrative Agent at the office or facsimile number and during the hours specified in Section 8.01; provided, however, that the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (American Commercial Lines Inc.), Credit Agreement (American Commercial Lines Inc.)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing (1) by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed or (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify 2) by notifying the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), in either case, which specifies, among other things:
(i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $1,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Revolving Loan Borrowing consisting of Base Rate Loans; or (B) $3,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Revolving Loan Borrowing consisting of LIBOR Loans;
(ii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f2.01(e); and
(iv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication facsimile to the Administrative Agent at the office or facsimile number and during the hours specified in Section 8.01; provided, however, that the Borrowers Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing. Notwithstanding the foregoing, the Notice of Loan Borrowing with respect to Revolving Loan Borrowings made as Base Rate Loans on the Closing Date may be delivered at the closing without regard to the notice requirements set forth above.
Appears in 2 contracts
Samples: Credit Agreement (Genius Products Inc), Credit Agreement (Genius Products Inc)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) Whether the applicable Borrowing is a Revolving Loan Borrowing or a Term Loan Borrowing;
(ii) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 500,000 or an integral multiple of $100,000 in excess thereof in the case of a Revolving Loan Borrowing consisting of Base Rate Loans or a Term Loan Borrowing consisting of a Base Rate Portion; or (B) $1,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Revolving Loan Borrowing consisting of LIBOR LoansLoans or a Term Loan Borrowing consisting of a LIBOR Portion;
(iiiii) Whether In the case of (A) a Revolving Loan Borrowing, whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR LoansLoans and (B) a Term Loan Borrowing, whether the requested Term Loan Borrowing is to consist of a Base Rate Portion or a LIBOR Portion;
(iiiiv) If In the case of a (A) Revolving Loan Borrowing, if the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f) and (B) a Term Loan Borrowing, if the requested Term Loan Borrowing is to consist of a LIBOR Portion, the initial Interest Periods selected by the Borrower for such LIBOR Portion in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 12:00 p.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 12:00 p.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate LoansLoans and (y) the Notice of Loan Borrowing for a Term Loan Borrowing to the Administrative Agent no later than 12:00 p.m. at least three Business Days before the date of the requested Term Loan Borrowing in the case of a Term Loan Borrowing consisting of a LIBOR Portion and not later than 12:00 p.m. at least one Business Day before the date of the requested Term Loan Borrowing in the case of a Term Loan Borrowing consisting of a Base Rate Portion. Each Notice of Loan Borrowing shall be delivered by first-class mailmail or Electronic Transmission (or, facsimilein the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, by e-mail or other web-based communication containing such signed and completed Notice of Loan Borrowing) to the Administrative Agent at the office or facsimile number (or e-mail address, as the case may be) and during the hours specified in Section 8.01; provided, however, that the Borrowers Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communicationElectronic Transmission. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for such Term Loan Borrowing and of the amount of the Term Loan to be made by such Term Lender as part of the requested Term Loan Borrowing. Notwithstanding the foregoing, the Revolving Loan Borrowing advanced on the Closing Date (if any) shall consist of Base Rate Loans.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and each Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
: (i) The Whether the applicable Borrowing is a Revolving Loan Borrowing, the Closing Date Term Loan Borrowing or an Incremental Term Loan Borrowing; (ii) In the case of a Revolving Loan Borrowing or a Term Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which which, in the case of a Revolving Loan Borrowing, shall (except as expressly set forth herein) be in the amount of (A) $3,000,000 1,000,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
; (iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
Loans (iiiin the case of a Revolving Loan Borrowing) or Base Rate Portions or LIBOR Portions (in the case of a Term Loan Borrowing); (iv) If the requested Revolving Loan Borrowing is to consist of LIBOR LoansLoans or LIBOR Portions, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans or LIBOR Portions in accordance with Section 2.01(f); and
and (ivv) The date of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication to the Administrative Agent at the office or facsimile number and during the hours specified in Section 8.01; provided, however, that the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing.consisting
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers shall request each Revolving Loan Borrowing and Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, or shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimilefacsimile or e-mail), which specifies, among other things:
(i) Whether the applicable Borrowing is a Revolving Loan Borrowing or Term Loan Borrowing.
(ii) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 50,000 or an integral multiple of $500,000 10,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; Loans or (B) $5,000,000 100,000 or an integral multiple of $1,000,000 10,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers for such LIBOR Loans in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. (2) 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. The Borrowers shall give the Notice of Loan Borrowing for Term Loans to the Administrative Agent not later than (1) 11:00 a.m. at least three (3) Business Days before the Fourth Restatement Effective Date in the case of a Term Loan Borrowing consisting of LIBOR Loans and (2) 11:00 a.m. at least (1) Business Day before the Fourth Restatement Effective Date in the case of a Term Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or facsimile number or e-mail address, as the case may be, and during the hours specified in Section 8.01; provided, however, that that, if requested by the Administrative Agent, the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify each Revolving Lender and/or Term Lender, as -54- 4159-4780-3173 applicable, of the contents of each Notice of Loan Borrowing for Revolving Loans and/or Term Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan Loans to be made by such Lender as part of the requested Revolving Loan Borrowing.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The principal amount and currency of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $10,000,000 (or the Equivalent thereof in any Committed Currency) or an integral multiple of $1,000,000 (or the Equivalent thereof in any Committed Currency) in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(ii) Whether In the case of a Revolving Loan Borrowing other than a Committed Currency Revolving Loan Borrowing, which may only consist of LIBOR Loans, whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If In the case of a Revolving Loan Borrowing, if the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f); and
(iv) The In the case of a Revolving Loan Borrowing, the date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing (other than a Committed Currency Revolving Loan Borrowing) consisting of LIBOR Loans and not later than 1:00 p.m. Loans, (2) 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing (other than a Committed Currency Revolving Loan Borrowing) in the case of a Revolving Loan Borrowing consisting of Base Rate LoansLoans and (3) 11:00 a.m. at least four (4) Business Days before the date of any requested Committed Currency Revolving Loan Borrowing. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication facsimile to the Administrative Agent at the office or facsimile number and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for and the denominated currency for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing. Notwithstanding the foregoing, the Loans advanced on the Closing Date shall be Base Rate Loans.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, or shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimilefacsimile or e-mail), which specifies, among other things:
(i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 50,000 or an integral multiple of $500,000 10,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; Loans or (B) $5,000,000 100,000 or an integral multiple of $1,000,000 10,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(ii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers for such LIBOR Loans in accordance with Section 2.01(f); and
(iv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. (2) 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or facsimile number or e-mail address, as the case may be, and during the hours specified in Section 8.01; provided, however, that that, if requested by the Administrative Agent, the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and each Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing, the Closing Date Term Loan Borrowing or an Incremental Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing or a Term Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which which, in the case of a Revolving Loan Borrowing, shall (except as expressly set forth herein) be in the amount of (A) $3,000,000 1,000,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR LoansLoans (in the case of a Revolving Loan Borrowing) or Base Rate Portions or LIBOR Portions (in the case of a Term Loan Borrowing);
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR LoansLoans or LIBOR Portions, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans or LIBOR Portions in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans, (y) the Notice of Loan Borrowing for the Closing Date Term Loan Borrowing to the Administrative Agent no later than 11:00 a.m. at least three (3) Business Days before the Closing Date and (z) the Notice of Loan Borrowing for an Incremental Term Loan Borrowing to the Administrative Agent not later than 11:00 a.m. at least three (3) Business Days before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of LIBOR Portions and not later than 11:00 a.m. at least one (1) Business Day before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of Base Rate Portions. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile (or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing) to the Administrative Agent at the office or facsimile number (or e-mail address, as the case may be) and during the hours specified in Section 8.01; provided, however, that that, if 44 requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for the Term Loan Borrowing and of the amount of the Term Loan to be made by such Term Lender as part of the requested Term Loan Borrowing. Unless the Borrower delivers a customary LIBOR indemnity letter to the Administrative Agent at least four (4) Business Days prior to the Closing Date, the Revolving Loan Borrowing and the Closing Date Term Loan Borrowing advanced on the Closing Date shall consist of Base Rate Loans.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The principal amount and currency of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $10,000,000 (or the Equivalent thereof in any Committed Currency) or an integral multiple of $1,000,000 (or the Equivalent thereof in any Committed Currency) in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(ii) Whether In the case of a Revolving Loan Borrowing other than a Committed Currency Revolving Loan Borrowing, which may only consist of LIBOR Loans, whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If In the case of a Revolving Loan Borrowing, if the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f2.01(g); and
(iv) The In the case of a Revolving Loan Borrowing, the date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (A) 10:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing (other than a Committed Currency Revolving Loan Borrowing) consisting of LIBOR Loans and not later than 1:00 p.m. at least one Loans, (1B) Business Day before 10:00 a.m. on the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans; provided that if any Lender reasonably determines that it cannot advance same day Base Rate Loans and such Lender has provided written notice thereof to the Administrative Agent and the Borrower, then from and after such notice the Borrower shall give each Notice of Loan Borrowing for Revolving Loans consisting of Base Rate Loans to the Administrative Agent not later than 10:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing (other than a Committed Currency Revolving Loan Borrowing) consisting of Base Rate Loans until such time as such Lender revokes such notice or ceases to be a Lender under this Agreement and (C) 11:00 a.m. at least four (4) Business Days before the date of any requested Committed Currency Revolving Loan Borrowing; provided that for any LIBOR Loans to be made on the Second Restatement Effective Date, the Borrower shall have provided prior to or concurrently with such Notice of Loan Borrowing an indemnification letter for the benefit of the Administrative Agent and the Lenders for any costs incurred as set forth in Section 2.13 hereof, in form and substance satisfactory to the Administrative Agent. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or office, facsimile number or email address and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for and the denominated currency for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Valueclick Inc/Ca)
Notice of Loan Borrowing. The Borrowers shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, or shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimilefacsimile or e-mail), which specifies, among other things:
(i) [Reserved].
(ii) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 50,000 or an integral multiple of $500,000 10,000 in excess thereof in the case of a Revolving Loan Borrowing consisting of Base Rate Loans; Loans or (B) $5,000,000 100,000 or an integral multiple of $1,000,000 10,000 in excess thereof in the case of a Revolving Loan Borrowing consisting of LIBOR SOFR Loans;
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR SOFR Loans;;
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR SOFR Loans, the initial Interest Periods selected by the Borrowers for such LIBOR SOFR Loans in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) U.S. Government Securities Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR SOFR Loans and not later than 1:00 p.m. (2) 11:00 a.m. at least one one
(1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a 4147-6459-6034 Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication facsimile or by e- mail containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or facsimile number or e-mail address, as the case may be, and during the hours specified in Section 8.01; provided, however, that that, if requested by the Administrative Agent, the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing or Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 500,000 or an integral multiple of $500,000 100,000 in excess thereof in thereof, provided that if such Revolving Loan Borrowing is of the case of a Borrowing consisting of Base Rate Loans; or remaining unfunded Total Revolving Loan Commitment, it shall not be subject to any limitation under this clause (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loansii);
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods Period(s) selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans Loans, and not later than 1:00 p.m. 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans, and (y) the Notice of Loan Borrowing for the Term Loan Borrowing (other than with respect to the Term Loan (Hotel), to the Administrative Agent no later than 11:00 a.m. at least one (1) Business Day before the date of the requested Term Loan Borrowing and (z) the Notice of Loan Borrowing for the Term Loan (Hotel) Borrowing to the Administrative Agent no later than 11:00 a.m. at least ten (10) Business Days before the date of the requested Term Loan Borrowing. Any Notice of Loan Borrowing received by the Administrative Agent after 11:00 a.m. on any Business Day shall be deemed received by the Administrative Agent on the next Business Day. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail facsimile or other web-based communication email containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or to the facsimile number and during the hours or email address specified in Section 8.01; provided, however, that the Borrowers Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail facsimile or other web-based communicationemail. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for the Term Loan Borrowing on the Initial Funding Date and of the amount of the Term Loan to be made by such Term Lender as part of the requested Term Loan Borrowing and (z) each Term Lender of the contents of each Notice of Loan Borrowing for Term Loans (Hotel) and of the amount and Type of (and, if applicable, the Interest Period for) the Term Loan (Hotel) to be made by such Term Lender as part of the requested Term Loan (Hotel) Borrowing. The Lenders will, not later than 1:00 p.m. on the borrowing date specified in such Notice of Loan Borrowing (or not later than 1:00 p.m. on the borrowing date approved by the Administrative Agent in the case of Borrowings under the Term Loan (Hotel)), make the amount of the Loan Borrowing available to the Borrower at the office of the Administrative Agent in New Orleans, Louisiana, by crediting the account of the Borrower with the Administrative Agent in immediately available funds (or crediting the Disbursement Account in the case of Borrowings under the Term Loan (Hotel)).
4. Section 2.01(g)(iii) (Loan Facilities,
Appears in 1 contract
Samples: First Lien Credit Agreement (Full House Resorts Inc)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and each Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing, the Closing Date Term Loan Borrowing or an Incremental Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing or a Term Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which which, in the case of a Revolving Loan Borrowing, shall (except as expressly set forth herein) be in the amount of (A) $3,000,000 1,000,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR LoansLoans (in the case of a Revolving Loan Borrowing) or Base Rate Portions or LIBOR Portions (in the case of a Term Loan Borrowing);
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR LoansLoans or LIBOR Portions, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans or LIBOR Portions in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans, (y) the Notice of Loan Borrowing for the Closing Date Term Loan Borrowing to the Administrative Agent no later than 11:00 a.m. at least three (3) Business Days before the Closing Date and (z) the Notice of Loan Borrowing for an Incremental Term Loan Borrowing to the Administrative Agent not later than 11:00 a.m. at least three (3) Business Days before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of LIBOR Portions and not later than 11:00 a.m. at least one (1) Business Day before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of Base Rate Portions. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile (or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing) to the Administrative Agent at the office or facsimile number (or e-mail address, as the case may be) and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for the Term Loan Borrowing and of the amount of the Term Loan to be made by such Term Lender as part of the requested Term Loan Borrowing.. Unless the Borrower delivers a customary LIBOR indemnity letter to the Administrative Agent at least four (4) Business Days prior to the Closing Date, the Revolving Loan Borrowing and the Closing Date Term Loan Borrowing advanced on the Closing Date shall consist of Base Rate Loans. -45-
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, or shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimilefacsimile or e-mail), which specifies, among other things:
(i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 50,000 or an integral multiple of $500,000 10,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; Loans or (B) $5,000,000 100,000 or an integral multiple of $1,000,000 10,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(ii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers for such LIBOR Loans in accordance with Section 2.01(f);
(iv) Whether the requested Revolving Loan Borrowing is to consist of Title Company Escrow Loans;
(v) Whether the requested Revolving Loan Borrowing is to consist of Construction Loans, and if Construction Loans, the Borrower shall attach the wire instructions for each Person (including the General Contractor) to be paid from the proceeds of such Construction Loans; and
(ivvi) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. (2) 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice ; provided that in the case of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication to the Administrative Agent at the office or facsimile number and during the hours specified in Section 8.01; provided, however, that the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing.Construction Loans:
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and each Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing, the Closing Date Term Loan Borrowing or an Incremental Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing or a Term Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which which, in the case of a Revolving Loan Borrowing, shall (except as expressly set forth herein) be in the amount of (A) $3,000,000 1,000,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof in the case of a Borrowing consisting of LIBOR Term SOFR Loans;
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR LoansTerm SOFR Loans (in the case of a Revolving Loan Borrowing) or Base Rate Portions or Term SOFR Portions (in the case of a Term Loan Borrowing);
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR LoansTerm SOFR Loans or Term SOFR Portions, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Term SOFR Loans or Term SOFR Portions in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Term SOFR Loans and not later than 1:00 p.m. 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans, (y) the Notice of Loan Borrowing for the Closing Date Term Loan Borrowing to the Administrative Agent no later than 11:00 a.m. at least three (3) Business Days before the Closing Date and (z) the Notice of Loan Borrowing for an Incremental Term Loan Borrowing to the Administrative Agent not later than 11:00 a.m. at least three (3) Business Days before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of Term SOFR Portions and not later than 11:00 a.m. at least one (1) Business Day before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of Base Rate Portions. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile (or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing) to the Administrative Agent at the office or facsimile number (or e-mail address, as the case may be) and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for the Term Loan Borrowing and of the amount of the Term Loan to be made by such Xxxx Xxxxxx as part of the requested Term Loan Borrowing. Unless the Borrower delivers a customary Term SOFR indemnity letter to the Administrative Agent at least four (4) Business Days prior to the Closing Date, the Revolving Loan Borrowing and the Closing Date Term Loan Borrowing advanced on the Closing Date shall consist of Base Rate Loans.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers shall request each Revolving Loan Borrowing and the Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing or the Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 500,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 1,000,000 or an integral multiple of $1,000,000 250,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(iiiii) Whether In the case of a Revolving Loan Borrowing, whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iiiiv) If In the case of a Revolving Loan Borrowing, if the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers for such LIBOR Loans in accordance with Section 2.01(f); and
(ivv) The In the case of a Revolving Loan Borrowing, the date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 10:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. at least one (1) Business Day before 10:00 a.m. on the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate LoansLoans and (y) the Notice of Loan Borrowing for the Term Loan Borrowing to the Administrative Agent no later than 10:00 a.m. at least one (1) Business Day before the Closing Date. The Term Loan Borrowing shall initially be made as a Base Rate Portion. Each Notice of Loan Borrowing shall be delivered by first-class mailmail or facsimile (or, facsimilein the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing) to the Administrative Agent at the office or facsimile number (or e-mail address, as the case may be) and during the hours specified in Section 8.018.01 (or, in lieu of delivering a Notice of Loan Borrowing, Borrowers may give the Administrative Agent telephonic notice by the required time of any proposed borrowing under this Section 2.01(c), provided that such notice shall be immediately confirmed in writing by delivery of a duly executed Notice of Borrowing by facsimile or email as described above); provided, however, that that, upon request by the Administrative Agent, the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for the Term Loan Borrowing and of the amount of the Term Loan to be made by such Term Lender as part of the requested Term Loan Borrowing. Notwithstanding the foregoing, the Revolving Loan Borrowing advanced on the Closing Date (if any) shall consist of Base Rate Loans.
Appears in 1 contract
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 100,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loansthereof;
(ii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans, LIBOR Rate Loans or LIBOR Market Index Rate Loans;
(iii) If the requested Revolving Loan Borrowing is to consist of LIBOR Rate Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Rate Loans in accordance with Section 2.01(f); and
(iv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Rate Loans and not later than 1:00 p.m. (2) 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans or LIBOR Market Index Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or facsimile number or e-mail address, as the case may be, and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing. Notwithstanding the foregoing, the Loans advanced on the Closing Date shall be Base Rate Loans or LIBOR Market Index Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (IPC the Hospitalist Company, Inc.)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 5,000,000 or an integral multiple of $500,000 1,000,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 10,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(ii) Whether In the case of a Revolving Loan Borrowing, whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If In the case of a Revolving Loan Borrowing, if the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f); and
(iv) The In the case of a Revolving Loan Borrowing, the date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 10:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. at least one (1) Business Day before 10:00 a.m. on the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans; provided that if any Lender reasonably determines that it cannot advance same day Base Rate Loans and such Lender has provided written notice thereof to the Administrative Agent and the Borrower, then from and after such notice the Borrower shall give each Notice of Loan Borrowing for Revolving Loans consisting of Base Rate Loans to the Administrative Agent not later than 10:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing consisting of Base Rate Loans until such time as such Lender revokes such notice or ceases to be a Lender under this Agreement. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, e-mail or other web-based communication facsimile to the Administrative Agent at the office or facsimile number and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing. Notwithstanding the foregoing, any Loans advanced on the Closing Date shall be Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Valueclick Inc/Ca)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile)completed, which specifies, among other things:
(i) The principal amount of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 250,000 or an integral multiple of $500,000 250,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loansthereof;
(ii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iii) If the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f); and
(iv) The date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (1) 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans (provided that such notice period shall be reduced to two (2) Business Days if agreed to by all of the Lenders) and not later than 1:00 p.m. (2) 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, facsimile or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or facsimile number or e-mail address, as the case may be, and during the hours specified in Section 8.01; provided, however, that the Borrowers shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, e-mail or other web-based communication. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing. Notwithstanding the foregoing, the Loans advanced on the Closing Date, if any, shall be Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (International Rectifier Corp /De/)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and the Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing or the Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing, the principal amount and currency of the requested Revolving Loan Borrowing, which shall be in the amount of (A) $3,000,000 or an integral multiple of $500,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 or an integral multiple of $1,000,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $10,000,000 (or the Equivalent thereof in any Committed Currency) or an integral multiple of $1,000,000 (or the Equivalent thereof in any Committed Currency) in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(iiiii) Whether In the case of a Revolving Loan Borrowing other than a Committed Currency Revolving Loan Borrowing, which may only consist of LIBOR Loans, whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR Loans;
(iiiiv) If In the case of a Revolving Loan Borrowing, if the requested Revolving Loan Borrowing is to consist of LIBOR Loans, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans in accordance with Section 2.01(f2.01(g); and
(ivv) The In the case of a Revolving Loan Borrowing, the date of the requested Revolving Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. (A) 10:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing (other than a Committed Currency Revolving Loan Borrowing) consisting of LIBOR Loans and not later than 1:00 p.m. at least one Loans, (1B) Business Day before 10:00 a.m. on the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans; provided that if any Lender reasonably determines that it cannot advance same day Base Rate Loans and such Lender has provided written notice thereof to the Administrative Agent and the Borrower, then from and after such notice the Borrower shall give each Notice of Loan Borrowing for Revolving Loans consisting of Base Rate Loans to the Administrative Agent not later than 10:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing (other than a Committed Currency Revolving Loan Borrowing) consisting of Base Rate Loans until such time as such Lender revokes such notice or ceases to be a Lender under this Agreement and (C) 11:00 a.m. at least four (4) Business Days before the date of any requested Committed Currency Revolving Loan Borrowing. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing to the Administrative Agent at the office or office, facsimile number or email address and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify each Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for and the denominated currency for) the Revolving Loan to be made by such Lender as part of the requested Revolving Loan Borrowing. Notwithstanding the foregoing, any Loans advanced on the Closing Date shall be Base Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Valueclick Inc/Ca)
Notice of Loan Borrowing. The Borrowers Borrower shall request each Revolving Loan Borrowing and each Term Loan Borrowing by delivering to the Administrative Agent an irrevocable written notice substantially in the form of Exhibit A (a “Notice of Loan Borrowing”), duly executed by a Responsible Officer of the Borrowers Borrower and appropriately completed (or, in the case of a Notice of Loan Borrowing for a Revolving Loan Borrowing, shall notify the Administrative Agent by telephone, to be promptly confirmed by the delivery to the Administrative Agent of a signed Notice of Loan Borrowing for such Revolving Loan Borrowing, which may be delivered by facsimile), which specifies, among other things:
(i) The Whether the applicable Borrowing is a Revolving Loan Borrowing, the Closing Date Term Loan Borrowing or an Incremental Term Loan Borrowing;
(ii) In the case of a Revolving Loan Borrowing or a Term Loan Borrowing, the principal amount of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which which, in the case of a Revolving Loan Borrowing, shall (except as expressly set forth herein) be in the amount of (A) $3,000,000 1,000,000 or an integral multiple of $500,000 100,000 in excess thereof in the case of a Borrowing consisting of Base Rate Loans; or (B) $5,000,000 1,000,000 or an integral multiple of $1,000,000 500,000 in excess thereof in the case of a Borrowing consisting of LIBOR Loans;
(iiiii) Whether the requested Revolving Loan Borrowing is to consist of Base Rate Loans or LIBOR LoansLoans (in the case of a Revolving Loan Borrowing) or Base Rate Portions or LIBOR Portions (in the case of a Term Loan Borrowing);
(iiiiv) If the requested Revolving Loan Borrowing is to consist of LIBOR LoansLoans or LIBOR Portions, the initial Interest Periods selected by the Borrowers Borrower for such LIBOR Loans or LIBOR Portions in accordance with Section 2.01(f); and
(ivv) The date of the requested Revolving Loan Borrowing or Incremental Term Loan Borrowing, which shall be a Business Day. The Borrowers Borrower shall give (x) each Notice of Loan Borrowing for Revolving Loans to the Administrative Agent not later than 1:00 p.m. 11:00 a.m. at least three (3) Business Days before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of LIBOR Loans and not later than 1:00 p.m. 11:00 a.m. at least one (1) Business Day before the date of the requested Revolving Loan Borrowing in the case of a Revolving Loan Borrowing consisting of Base Rate Loans, (y) the Notice of Loan Borrowing for the Closing Date Term Loan Borrowing to the Administrative Agent no later than 11:00 a.m. at least three (3) Business Days before the Closing Date and (z) the Notice of Loan Borrowing for an Incremental Term Loan Borrowing to the Administrative Agent not later than 11:00 a.m. at least three (3) Business Days before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of LIBOR Portions and not later than 11:00 a.m. at least one (1) Business Day before the date of the requested Incremental Term Loan Borrowing in the case of an Incremental Term Loan Borrowing consisting of Base Rate Portions. Each Notice of Loan Borrowing shall be delivered by first-class mail, facsimile, mail or facsimile (or by e-mail or other web-based communication containing a PDF of such signed and completed Notice of Loan Borrowing) to the Administrative Agent at the office or facsimile number (or e-mail address, as the case may be) and during the hours specified in Section 8.01; provided, however, that that, if requested by the Borrowers Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Loan Borrowing initially delivered by facsimile, facsimile or e-mail or other web-based communicationmail. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Loan Borrowing for Revolving Loans and of the amount and Type of (and, if applicable, the Interest Period for) the Revolving Loan to be made by such Revolving Lender as part of the requested Revolving Loan Borrowing and (y) each Term Lender of the contents of the Notice of Loan Borrowing for the Term Loan Borrowing and of the amount of the Term Loan to be made by such Term Lender as part of the requested Term Loan Borrowing. Unless the Borrower delivers a customary LIBOR indemnity letter to the Administrative Agent at least four (4) Business Days prior to the Closing Date, the Revolving Loan Borrowing and the Closing Date Term Loan Borrowing advanced on the Closing Date shall consist of Base Rate Loans.
Appears in 1 contract
