Common use of Notices; Disbursement Clause in Contracts

Notices; Disbursement. Whenever the Borrower desires a Swingline Loan advance hereunder it shall give notice by (A) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered to the Swingline Lender not later than 2:00 P.M. on the Business Day of the requested Swingline Loan advance. Each such notice shall be irrevocable and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the Swingline Loan advance requested. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and shall have such maturity date as the Swingline Lender and the Borrower shall agree upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account by 3:30 P.M. on the Business Day of the requested borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

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Notices; Disbursement. Whenever the Borrower desires a Swingline Loan advance hereunder it shall give written notice by (A) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be promptly confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered in writing) to the Swingline Lender not later than 2:00 3:00 P.M. Atlanta, Georgia time) on the Business Day of the requested Swingline Loan advance. Each such notice shall be irrevocable and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the Swingline Loan advance requested. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and (subject to the first sentence of clause (b)(iii) below) shall have such maturity date as the Swingline Lender and the Borrower shall agree upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account Borrower by 3:30 4:00 P.M. (Atlanta, Georgia time) on the Business Day of the requested borrowing. It is understood and agreed that, notwithstanding anything to the contrary contained above, the Swingline Lender shall have no obligation to make Swingline Loans if any Revolving Lender is at such time an Impacted Lender, unless the Swingline Lender has entered into reasonably satisfactory arrangements with the Borrower or such Revolving Lender to eliminate the Swingline Lender’s risk with respect to such Revolving Lender.

Appears in 3 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Notices; Disbursement. Whenever the Borrower Airgas desires a U.S. Swingline Loan advance hereunder it hereunder, a Responsible Officer shall give written notice by (Aor telephone notice promptly confirmed in writing) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered to the U.S. Swingline Lender not later than 2:00 P.M. on the Business Day of the requested U.S. Swingline Loan advance. Each such notice shall be irrevocable and shall specify (A) that a U.S. Swingline Loan advance is requested, (B) the date of the requested U.S. Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the U.S. Swingline Loan advance requested. Each U.S. Swingline Loan shall be made as a U.S. Base Rate Loan or a Quoted Rate U.S. Swingline Loan and shall have such maturity date as the U.S. Swingline Lender and the Borrower Airgas shall agree upon receipt by the U.S. Swingline Lender of any such notice from the BorrowerAirgas. The U.S. Swingline Lender shall initiate credit the transfer of funds representing requested to an Airgas account maintained with the Swingline Loan advance to the Master Account Lender by 3:30 3:00 P.M. on the Business Day of the requested borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)

Notices; Disbursement. Whenever the Borrower desires a Swingline Loan advance hereunder it shall give written notice by from an Executive Officer of the Borrower (A) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be promptly confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered in writing) to the Swingline Lender not later than 2:00 1:00 P.M. (New York City time) on the Business Day of the requested Swingline Loan advance. Each such notice shall be irrevocable and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the Swingline Loan advance requested. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and shall have such maturity date as the Swingline Lender and the Borrower shall agree upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account Borrower by 3:30 3:00 P.M. (New York City time) on the Business Day of the requested borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Birds Eye Foods, Inc.), Credit Agreement (Agrilink Foods Inc)

Notices; Disbursement. Whenever the Borrower desires a Swingline Loan advance hereunder it shall give written notice by (A) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be promptly confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered in writing) to the Swingline Lender not later than 2:00 1:00 P.M. (Atlanta, Georgia time) on the Business Day of the requested Swingline Loan advance. Each such notice shall be irrevocable and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the Swingline Loan loan advance requested. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and shall have such maturity date as the Swingline Lender and the Borrower shall agree (subject to the limitations on maturity set forth in subsection (iii) below) upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account Borrower by 3:30 3:00 P.M. (Atlanta, Georgia time) on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Healthtronics Surgical Services Inc)

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Notices; Disbursement. Whenever the Borrower desires Co-Borrowers desire a Swingline Loan advance hereunder it hereunder, the Company, on behalf of the Co-Borrowers, shall give written notice by (Aor telephone notice promptly confirmed in writing) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be confirmed promptly by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing. Each such Notice of Borrowing must be delivered to the Swingline Lender not later than 2:00 P.M. 11:00 a.m. (Atlanta time) on the Business Day of the requested Swingline Loan advance; provided, however, that in lieu of any advance procedure otherwise set forth in this Section 2.3, Co-Borrowers may borrow automatically under the Swingline subfacility through Swingline Loans pursuant to the Sweep Plus Cash Management Arrangement for so long as such service is made available by the Swingline Lender. Each such notice shall be irrevocable irrevocable, shall constitute a reaffirmation of the accuracy of the representations and warranties as of such date (except where such representation or warranty is expressly stated as of a specific date) and of the absence of any Default or Event of Default and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and (C) the principal amount of the Swingline Loan advance requested. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and shall have such maturity date as may be determined at the Swingline Lender and the Borrower shall agree upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account by 3:30 P.M. on the Business Day discretion of the requested borrowingAdministrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Scientific Games Holdings Corp)

Notices; Disbursement. Whenever the Borrower desires a Swingline Loan advance hereunder it shall give written notice by (A) telephone or (B) by a Notice of Borrowing; provided that any telephonic notice must be confirmed promptly by delivery to in the Swingline Lender and the Administrative Agent form of a Notice of Borrowing. Each such , or telephonic notice promptly confirmed in writing by way of a Notice of Borrowing must be delivered Borrowing, to the Swingline Lender not later than 2:00 P.M. 11:00 A.M. on the Business Day of the requested Swingline Loan advance. Each such notice Notice of Borrowing shall be irrevocable irrevocable, shall contain certifications of the Borrower with respect to the conditions set forth in Section 5.2 clauses (b) through (f) in the form provided in Exhibit C, and shall specify (A) that a Swingline Loan advance is requested, (B) the date of the requested Swingline Loan advance (which shall be a Business Day) and ), (C) the principal amount of the Swingline Loan advance requestedrequested and (D) the purpose for which the requested Swingline Loan will be used by the Borrower. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Swingline Loan and shall have such maturity date (which maturity date shall not be a date more than three (3) Business Days from the date of advance thereof) as the Swingline Lender and the Borrower shall agree upon receipt by the Swingline Lender of any such notice from the Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Master Account Borrower by 3:30 3:00 P.M. on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (CNL American Properties Fund Inc)

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