Notice of Revolving Borrowing. Borrower shall request Revolving Loans by delivering to Administrative Agent a written notice in the form of Exhibit E-1, appropriately completed (a “Notice of Revolving Borrowing”) which specifies, among other things:
(a) whether such Borrowing will be a Base Rate Loan or a LIBOR Loan;
(b) in the case of any LIBOR Loan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of “Interest Period”
(c) the amount of the requested Borrowing, which shall be in the minimum amount of $5,000,000 or an integral multiple of $1,000,000 in excess thereof (except in the case of a Revolving Loan of all remaining undrawn amounts under the Total Commitment);
(d) the date of the requested Borrowing, which shall be a Banking Day; and
(e) the account(s) to which the proceeds of the Borrowing are to be credited, as contemplated by Section 2.1.1.3(d). Borrower shall deliver each such Notice of Revolving Borrowing so as to provide not less than the Minimum Notice Period. Any Notice of Revolving Borrowing may be modified or revoked by Borrower through the Banking Day prior to the applicable Minimum Notice Period, and thereafter shall be irrevocable.
Notice of Revolving Borrowing. The Borrower hereby requests a Revolving Borrowing under the Credit Agreement, and in connection therewith such Borrower specifies the following information with respect to the Revolving Borrowing requested hereby:
Notice of Revolving Borrowing. Administrative Agent shall have received before that Funding Date, in accordance with the provisions of subsection 2.1B, a duly executed Notice of Revolving Borrowing, in each case signed by a duly authorized Officer of Company.
Notice of Revolving Borrowing. The Notice of Revolving Borrowing in respect of Bay Gas LC Borrowings shall be given in accordance with the requirements of Section 2.23. Each other Notice of Revolving Borrowing shall be given (x) prior to 11:00 a.m. one (1) Business Day prior to the requested date of each Base Rate Borrowing and (y) prior to 11:00 a.m. three (3) Business Days prior to the requested date of each Eurodollar Borrowing. Each Notice of Revolving Borrowing shall be irrevocable and shall specify: (i) whether such Borrowing is being made by the Parent Borrower or by the Subsidiary Borrower, (ii) the aggregate principal amount of such Borrowing, (iii) the date of such Borrowing (which shall be a Business Day), (iv) the Type of such Revolving Loan comprising such Borrowing, and (v) in the case of a Eurodollar Borrowing, the duration of the initial Interest Period applicable thereto (subject to the provisions of the definition of Interest Period). Each Revolving Borrowing shall consist entirely of Base Rate Loans or Eurodollar Loans, as the Parent Borrower may request. The aggregate principal amount of each Eurodollar Borrowing shall be not less than $1,000,000 or a larger multiple of $100,000, and the aggregate principal amount of each Base Rate Borrowing shall not be less than $1,000,000 or a larger multiple of $100,000; provided, that Base Rate Loans made pursuant to Section 2.5 or Loans made pursuant to Section 2.23(d) may be made in lesser amounts as provided therein. At no time shall the total number of Eurodollar Borrowings outstanding at any time exceed ten, for Borrowings by the Parent Borrower, or one, for Borrowings by the Subsidiary Borrower. Promptly following the receipt of a Notice of Revolving Borrowing in accordance herewith, the Administrative Agent shall advise each Lender of the details thereof and the amount of such Lender’s Revolving Loan to be made as part of the requested Revolving Borrowing.
Notice of Revolving Borrowing. Whenever the Borrower desires to borrow Revolving Loans under Section 2.1 hereof, the Borrower shall deliver to the Lender written notice (each such notice, a “Borrowing Notice”) no later than 5:00 p.m. (Central time) on the Business Day prior to the Funding Date of such Revolving Loan (or, in the sole discretion of the Lender, no later than 11:00 a.m. (Central time) on the Funding Date). The Borrowing Notice shall specify (i) that the Borrower wishes to effect one or more Revolving Loans, (ii) the aggregate principal amount of the Revolving Loan thereby requested (which shall not be less than $50,000.00 and shall be in multiples of $10,000, (iii) the requested Funding Date of such Revolving Loan, which date shall be a Business Day, and (iv) the total aggregate amount of the undrawn Revolving Loan Commitment then available. In lieu of delivering the above-described Borrowing Notice, the Borrower may give the Lender telephonic notice of any such proposed borrowing by the time period, as applicable, required under this Section 2.2(a); provided that such notice shall be confirmed in writing by delivery to the Lender promptly (but in no event later than 1:00 p.m. (Central time) on the Funding Date of the requested Revolving Loan) of a Borrowing Notice.
Notice of Revolving Borrowing. Notwithstanding anything to the contrary in the Credit Agreement and the other Loan Documents, this Section 6 shall constitute a Notice of Revolving Borrowing for purposes of Section 3.2(d) of the Credit Agreement solely for the purpose of the Borrowers requesting a Revolving Borrowing, and the Lenders providing a corresponding funding, in the amount of $500,000 on the Effective Date (the “Effective Date Borrowing Request”), and, in connection with therewith, the Borrowers hereby specify the following information:
(a) Aggregate principal amount of such Revolving Borrowing: $500,000
(b) Date of such Revolving Borrowing: July 5, 2016
(c) Interest rate basis: Base Rate Borrowing
(d) Interest Period: not applicable
(e) Location and number of the account of the Borrowers to which proceeds of such Revolving Borrowing are to be disbursed: By its signature below, each of the undersigned Borrowers represent and warrant to the Administrative Agent and the Lenders that the conditions specified in subsections (a), (b) and (c) of Section 3.2 of the Credit Agreement are either satisfied or waived in connection with the Effective Date Borrowing Request after giving effect to this Agreement.
Notice of Revolving Borrowing. Each Revolving Borrowing, each conversion of Loans from one Type to the other, and each continuation of Eurodollar RateTerm SOFR Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by telephone or a Loan Notice; provided, that, any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Loan Notice. Each Loan Notice must be received by the Administrative Agent not later than 11:00 a.m.
(i) threetwo (32) Business Days prior to the requested date of any Revolving Borrowing of, conversion to or continuation of Eurodollar RateTerm SOFR Loans or of any conversion of Eurodollar RateTerm SOFR Loans to Base Rate Loans, and (ii) on the requested date of any Revolving Borrowing of Base Rate Loans; provided, that, if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period other than one (1), two (2), three (3) or six (6) months in duration as provided in the definition of “Interest Period”, the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such Revolving Borrowing, conversion or continuation. Not later than 11:00 a.m., three (3) Business Days before the requested date of such Revolving Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the Lenders. Each Revolving Borrowing of, conversion to or continuation of Eurodollar RateTerm SOFR Loans shall be in a principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof. Except as provided in Section 2.03(c), each Revolving Borrowing of or conversion to Base Rate Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Loan Notice shall specify (A) whether the Borrower is requesting a Revolving Borrowing, a conversion of Loans from one Type to the other, or a continuation of Loans, (B) the requested date of the Revolving Borrowing, conversion or continuation (which shall be a Business Day), (C) the principal amount of Loans 37 CHAR1\1816984v1CHAR1\1816984v7
Notice of Revolving Borrowing. To request a Revolving Borrowing, the Borrower shall deliver a notice (a “Notice of Revolving Borrowing”) to the Administrative Agent by telephone or fax (and, in the case of telephonic notice, promptly confirmed by hand delivery or fax) (y) in the case of a Base Rate Revolving Borrowing, not later than 1:00 P.M. (New York City time) on the date of such Base Rate Revolving Borrowing and (z) in the case of a Eurodollar Revolving Borrowing, not later than 1:00 P.M. (New York City time) on the third Euro-Dollar Business Day before such Euro-Dollar Revolving Borrowing, specifying:
(a) the date of such Revolving Borrowing, which shall be a Domestic Business Day in the case of a Base Rate Revolving Borrowing or a Euro-Dollar Business Day in the case of a Euro-Dollar Revolving Borrowing;
(b) the aggregate amount of such Revolving Borrowing;
(c) whether the Loans comprising such Revolving Borrowing are to bear interest initially at the Base Rate or a Euro-Dollar Rate; and
(d) in the case of a Euro-Dollar Revolving Borrowing, the duration of the initial Interest Period applicable thereto, subject to the provisions of the definition of Interest Period.
Notice of Revolving Borrowing. The Borrower hereby represents and warrants that the conditions specified in Section 3.2 of the Credit Agreement are satisfied. Very truly yours, XXXXXX HEALTHCARE, INC., a Delaware corporation By: Name: Title:
Notice of Revolving Borrowing. Notwithstanding anything to the contrary in the Credit Agreement and the other Loan Documents, this Section 5 shall constitute a Notice of Revolving Borrowing for purposes of Section 3.2(d) of the Credit Agreement solely for the purpose of the Borrowers requesting a Revolving Borrowing, and the Lenders providing a corresponding funding, in the amount of $1,000,000 on the Effective Date (the “Effective Date Borrowing Request”), and, in connection with therewith, the Borrowers hereby specify the following information:
(a) Aggregate principal amount of such Revolving Borrowing: $1,000,000
(b) Date of such Revolving Borrowing: August 5, 2016
(c) Interest rate basis: Base Rate Borrowing
(d) Interest Period: not applicable
(e) Location and number of the account of the Borrowers to which proceeds of such Revolving Borrowing are to be disbursed: Bank Name: Bank of America, N.A. City/State: Chicago, IL ZIP Code: 60603 Account Name: Dakota Plains Holdings, Inc. Account Number: 8670706449 ACH/Routing #: 000000000 (if disbursement is made by ACH) Wire/ABA #: 000000000 (if disbursement is made by wire transfer) By its signature below, each of the undersigned Borrowers represent and warrant to the Administrative Agent and the Lenders that the conditions specified in subsections (a), (b) and (c) of Section 3.2 of the Credit Agreement are either satisfied or waived in connection with the Effective Date Borrowing Request after giving effect to this Agreement.
