Common use of Notice of Revolving Borrowing Clause in Contracts

Notice of Revolving Borrowing. Whenever the Borrower desires to borrow Revolving Loans under Section 2.1 hereof, the Borrower shall deliver to the Agent written notice (or telephonic notice promptly confirmed in writing) in substantially the form of Exhibit A (each such notice, a "Borrowing Notice") no later than 11:00 A.M. (Eastern time) on the requested Funding Date for ABR Loans and no later than 11:00 A.M. (Eastern time) at least three (3) Business Days prior to the requested Funding Date for LIBOR Loans, specifying (i) that the Borrower wishes to borrow Revolving Loans, (ii) the amount of the Revolving Loans thereby requested (which shall not be less than $500,000 and shall be in multiples of $100,000), (iii) the requested Funding Date of such Revolving Loans, which date shall be a Business Day, (iv) whether the requested Revolving Loans will be an ABR Loan, a LIBOR Loan or a combination thereof and (v) if any of the requested Revolving Loans will be LIBOR Loans, the LIBOR Period applicable thereto. Notwithstanding anything contained herein to the contrary, if on any Interest Payment Date the credit balance in the Borrower Account is insufficient to permit the debit contemplated by the second sentence of Section 3.4(a) of this Agreement, the Agent, without any notice or other authorization being required, shall (and is hereby instructed by the Borrower to) advance Revolving Loans on behalf of the Borrower in an amount sufficient to permit such debit to be implemented or, if the amount of such debit is greater than the unused portion of the Facility, in the amount of such unused portion.

Appears in 1 contract

Samples: Revolving Credit Agreement (Caci International Inc /De/)

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Notice of Revolving Borrowing. Whenever the Borrower desires to borrow Revolving Loans under Section 2.1 hereof, the Borrower shall deliver to the Agent irrevocable written notice (or telephonic notice promptly confirmed in writing) in substantially the form of Exhibit A (each such notice, a "Borrowing Notice") ), no later than 11:00 10:00 A.M. (Eastern time) on the requested Funding Date for on a Revolving Loan bearing interest at the ABR (it being understood that the Borrower may request Revolving Loans and to bear interest initially at the Applicable LIBOR Rate provided the Borrower complies with all of the provisions of Section 3.8(a) (with such modifications thereof as shall be necessary to reflect that an initial loan, rather than the conversion of an outstanding loan, is being requested, including the delivery to the Agent of a Borrowing Notice no later than 11:00 A.M. (Eastern time) 10:00 a.m. at least three (3) LIBOR Business Days prior to the requested Funding Date for first day of the LIBOR LoansPeriod as to which such initial loan relates) and, to the extent applicable but without duplication, this Section 2.2(a)) specifying (i) that the Borrower wishes to borrow effect Revolving Loans, (ii) the amount of the Revolving Loans thereby requested (which shall not be less than $500,000 and shall be in multiples of $100,000), (iii) the requested Funding Date of such Revolving Loans, which date shall be a Business Day, and (iv) whether the requested Revolving Loans will bear interest at the ABR or Applicable LIBOR Rate. Each Borrowing Notice shall be an ABR Loanaccompanied by the officer's certificate contemplated by Section 4.2(vi) hereof. In lieu of delivering the above-described Borrowing Notice, a LIBOR Loan or a combination thereof and only with the consent of the Agent in its sole discretion at such time, the Borrower may give the Agent telephonic notice of any such proposed borrowing by the time required under this Section 2.2(a); provided that, in the event the Agent so consents, such notice shall be confirmed in writing by delivery to the Agent promptly (vbut in no event later than 12:00 noon (Eastern time) if any on the Funding Date of the requested Revolving Loans will Loans) of a Borrowing Notice (it being understood that any such telephonic notice shall be LIBOR Loans, the LIBOR Period applicable theretoirrevocable). Notwithstanding anything contained herein to the contrary, if on any Interest Payment Date the credit balance in the Borrower Account is insufficient to permit the debit contemplated by the second sentence of Section 3.4(a) of this Agreement, the Agent, without any notice or other authorization being required, shall (and is hereby irrevocably instructed by the Borrower to) advance effect Revolving Loans on behalf of the Borrower in an amount sufficient to permit such debit to be implemented or, if the amount of such debit is greater than the unused portion of the Facilityaggregate Lender Availability, in the amount of such unused portion.

Appears in 1 contract

Samples: Revolving Credit Agreement (Caci International Inc /De/)

Notice of Revolving Borrowing. Whenever the Borrower desires to borrow Each Revolving Borrowing, each conversion of Loans under Section 2.1 hereof, the Borrower shall deliver from one Type to the Agent written 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 promptly must be confirmed in writing) in substantially immediately by delivery to the form Administrative Agent of Exhibit A (each such notice, a "Borrowing Loan Notice") no . Each Loan Notice must be received by the Administrative Agent not later than 11:00 A.M. a.m. (Eastern timei) on the requested Funding Date for ABR Loans and no later than 11:00 A.M. threetwo (Eastern time) at least three (332) Business Days prior to the requested Funding Date for LIBOR 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, specifying and (iii) that on the requested date of any Revolving Borrowing of Base Rate Loans; provided, that, if the Borrower wishes to borrow 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, (iiB) the amount requested date of the Revolving Loans thereby requested Borrowing, conversion or continuation (which shall not be less than $500,000 and shall be in multiples of $100,000), (iii) the requested Funding Date of such Revolving Loans, which date shall be a Business Day), (ivC) whether the requested Revolving Loans will be an ABR Loan, a LIBOR Loan or a combination thereof and (v) if any of the requested Revolving Loans will be LIBOR Loans, the LIBOR Period applicable thereto. Notwithstanding anything contained herein to the contrary, if on any Interest Payment Date the credit balance in the Borrower Account is insufficient to permit the debit contemplated by the second sentence of Section 3.4(a) of this Agreement, the Agent, without any notice or other authorization being required, shall (and is hereby instructed by the Borrower to) advance Revolving Loans on behalf of the Borrower in an amount sufficient to permit such debit to be implemented or, if the principal amount of such debit is greater than the unused portion of the Facility, in the amount of such unused portion.Loans 37 CHAR1\1816984v1CHAR1\1816984v7

Appears in 1 contract

Samples: Credit Agreement (Houlihan Lokey, Inc.)

Notice of Revolving Borrowing. Whenever the Borrower desires to borrow Each Revolving Borrowing, each conversion of Loans under Section 2.1 hereof, the Borrower shall deliver from one Type to the Agent written other, and each continuation of Eurodollar Rate 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 promptly must be confirmed in writing) in substantially immediately by delivery to the form Administrative Agent of Exhibit A (each such notice, a "Borrowing Loan Notice") no . Each Loan Notice must be received by the Administrative Agent not later than 11:00 A.M. a.m. (Eastern timei) on the requested Funding Date for ABR Loans and no later than 11:00 A.M. (Eastern time) at least three (3) Business Days prior to the requested Funding Date for LIBOR date of any Revolving Borrowing of, conversion to or continuation of Eurodollar Rate Loans or of any conversion of Eurodollar Rate Loans to Base Rate Loans, specifying and (iii) that on the requested date of any Revolving Borrowing of Base Rate Loans; provided, that, if the Borrower wishes to borrow 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 Rate 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, (iiB) the amount requested date of the Revolving Loans thereby requested Borrowing, conversion or continuation (which shall not be less than $500,000 and shall be in multiples of $100,000), (iii) the requested Funding Date of such Revolving Loans, which date shall be a Business Day), (ivC) whether the requested principal amount of Loans to be borrowed, converted or continued, (D) the Type of Loans to be borrowed or to which existing Loans are to be converted, and (E) if applicable, the duration of the Interest Period with respect thereto. If (x) the Borrower fails to specify a Type of Loan in a Loan Notice, or (y) if the Borrower fails to give a timely notice requesting a conversion or continuation of Eurodollar Rate Loans, then, in each case, the applicable Loans shall be made as, or continued as, Eurodollar Rate Loans with an Interest Period of one (1) month. Any such automatic continuation of Eurodollar Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If the Borrower requests a Revolving Borrowing of, conversion to, or continuation of Eurodollar Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an ABR Loan, a LIBOR Loan or a combination thereof and Interest Period of one (v1) if any of the requested Revolving Loans will be LIBOR Loans, the LIBOR Period applicable thereto. Notwithstanding anything contained herein to the contrary, if on any Interest Payment Date the credit balance in the Borrower Account is insufficient to permit the debit contemplated by the second sentence of Section 3.4(a) of this Agreement, the Agent, without any notice or other authorization being required, shall (and is hereby instructed by the Borrower to) advance Revolving Loans on behalf of the Borrower in an amount sufficient to permit such debit to be implemented or, if the amount of such debit is greater than the unused portion of the Facility, in the amount of such unused portionmonth.

Appears in 1 contract

Samples: Credit Agreement (Houlihan Lokey, Inc.)

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Notice of Revolving Borrowing. Whenever the Borrower desires to borrow Notice of Conversion or Continuation. Each Revolving Borrowing, each conversion of Revolving Loans under Section 2.1 hereof, the Borrower shall deliver from one Type to the Agent written other, and each continuation of Eurodollar RateTerm SOFR Loans shall be made upon the Borrower’s irrevocable notice (to the Lender, which may be given by telephone or a Loan Notice; provided, that, any telephonic notice promptly must be confirmed in writing) in substantially immediately by delivery to the form Lender of Exhibit A (each a Loan Notice. Each such notice, a "Borrowing Notice") no Loan Notice must be received by the Lender not later than 11:00 A.M. a.m. (Eastern timei) on the requested Funding Date for ABR Loans and no later than 11:00 A.M. threetwo (Eastern time) at least three (332) Business Days prior to the requested Funding Date for LIBOR 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, specifying and (iii) that on the requested date of any Revolving Borrowing of Base Rate Loans. Each Revolving Borrowing of, conversion to or continuation of Eurodollar RateTerm SOFR Loans shall be, unless otherwise agreed by Lender, in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof or, if less, the entire principal amount thereof then outstanding. Except as provided in Sections 2.03(e), each Revolving Borrowing of or conversion to Base Rate Loans shall be, unless otherwise agreed by Lender, in a principal amount of $100,000 or a whole multiple of $100,000 in excess thereof or, if less, the entire principal amount thereof then outstanding. Each Loan Notice and each telephonic notice shall specify (A) whether the Borrower wishes is requesting a Revolving Borrowing, a conversion of Revolving Loans from one Type to borrow the other, or a continuation of Revolving Loans, as the case may be, (iiB) the amount requested date of the Revolving Loans thereby requested Borrowing, conversion or continuation, as the case may be (which shall not be less than $500,000 and shall be in multiples of $100,000), (iii) the requested Funding Date of such Revolving Loans, which date shall be a Business Day), (ivC) whether the requested principal amount of Revolving Loans to be borrowed, converted or continued, (D) the Type of Revolving Loans to be borrowed or to which existing Revolving Loans are to be converted, and (E) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Revolving Loan in a Loan Notice or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolving Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar RateTerm SOFR Loans. If the Borrower requests a Revolving Borrowing of, conversion to, or continuation of Eurodollar RateTerm SOFR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an ABR Loan, a LIBOR Loan or a combination thereof and Interest Period of one (v1) if any of the requested Revolving Loans will be LIBOR Loans, the LIBOR Period applicable theretomonth. Notwithstanding anything contained herein to the contrary, if on any Interest Payment Date the credit balance in the Borrower Account is insufficient to permit the debit contemplated by the second sentence of Section 3.4(a) of this Agreement, the Agent, without any notice or other authorization being required, shall (and is hereby instructed by the Borrower to) advance Revolving Loans on behalf of the Borrower in an amount sufficient to permit such debit to be implemented or, if the amount of such debit is greater than the unused portion of the Facility, in the amount of such unused portion.b)

Appears in 1 contract

Samples: Credit Agreement (FIGS, Inc.)

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