Common use of Notices; Disbursement Clause in Contracts

Notices; Disbursement. The Borrower shall request a Swingline Loan borrowing by submitting an appropriate Notice of Borrowing to the Swingline Lender not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day of 50 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 Loan as agreed to by the Swingline Lender and the Borrower at the time of such Swingline Loan and (subject to subsection (c) below) shall have such maturity date (and, in the case of a Quoted Rate Loan, such Interest Period) as agreed to by the Swingline Lender and the Borrower 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 Borrower by 1:00 P.M. (Charlotte, North Carolina time) on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Senior Credit Agreement (Compbenefits Corp)

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Notices; Disbursement. The Borrower shall request Whenever one or more of the Borrowers desires a Swingline Loan borrowing by submitting an appropriate advance hereunder it shall deliver a Notice of Borrowing Borrowing, together with the officer’s certificate required by Section 5.2(e), to the Swingline Lender not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day of 50 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, (D) the purpose for which the requested Swingline Loan will be used by the applicable Borrower and (E) that the representations and warranties made by the Credit Parties in any Credit Document are true and correct in all material respects at and as if made on the date hereof except to the extent they expressly relate to an earlier date. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Loan as agreed to by the Swingline Lender and the Borrower at the time of such Swingline Loan and (subject to subsection (c) below) shall have such maturity date (and, in which maturity date shall not be a date more than three (3) Business Days from the case date of a Quoted Rate Loan, such Interest Periodadvance thereof) as agreed to by the Swingline Lender and the applicable Borrower shall agree upon receipt by the Swingline Lender of any such notice from the applicable Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the applicable Borrower by 1:00 3:00 P.M. (Charlotte, North Carolina time) on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Highwoods Realty LTD Partnership)

Notices; Disbursement. The Whenever the Borrower shall request desires a Swingline Loan borrowing by submitting an appropriate Notice of Borrowing advance hereunder it shall give written notice (or telephonic notice promptly confirmed in writing) to the Swingline Lender not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day of 50 the requested Swingline Loan advance; provided that in the case of telephone notice given prior to 11:00 A.M. (Charlotte, North Carolina time), the Borrower shall have until 12:00 Noon (Charlotte, North Carolina time) to deliver the confirmatory written notice. 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 and Interest Period for the Swingline Loan advance requested. Each Swingline Loan shall be made have such maturity date as a Base Rate Loan or a Quoted Rate Loan as agreed to by the Swingline Lender and the Borrower at shall agree (but no later than 30 days from the time of date such Swingline Loan and (subject to subsection (cis requested) below) shall have such maturity date (and, in the case of a Quoted Rate Loan, such Interest Period) as agreed to by the Swingline Lender and the Borrower 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 Borrower by 1:00 3:00 P.M. (Charlotte, North Carolina time) on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (United Dominion Realty Trust Inc)

Notices; Disbursement. The Whenever the Borrower shall request desires --------------------- a Swingline Loan borrowing by submitting an appropriate Notice of Borrowing advance hereunder it shall give written notice (or telephonic notice promptly confirmed in writing) to the Swingline Lender not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day of 50 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 and Interest Period for the Swingline Loan advance requested. Each Swingline Loan shall be made have such maturity date as a Base Rate Loan or a Quoted Rate Loan as agreed to by the Swingline Lender and the Borrower at the time of such Swingline Loan and (subject to subsection (c) below) shall have such maturity date (and, in the case of a Quoted Rate Loan, such Interest Period) as agreed to by the Swingline Lender and the Borrower 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 Borrower by 1:00 3:00 P.M. (Charlotte, North Carolina time) on the Business Day of the requested borrowing. Notwithstanding the foregoing provisions of this subsection (i), the Borrower and the Swingline Lender may from time to time agree to make Swingline Loan advances pursuant to an "auto-borrow" and "zero-balance" or other similar arrangement, subject however to the conditions and limitations relating to the Swingline Loans set out herein.

Appears in 1 contract

Samples: Credit Agreement (Access Worldwide Communications Inc)

Notices; Disbursement. The Whenever the Borrower shall request desires a Swingline Loan borrowing by submitting an appropriate Notice of Borrowing advance hereunder, the Borrower shall give written notice (or telephone notice promptly confirmed in writing) to the Swingline Lender not later than 11:00 A.M. 2:00 P.M. (Charlotte, North Carolina time) on the Business Day of 50 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 Loan as agreed to by the Swingline Lender and the Borrower at the time of such Swingline Loan and (subject to subsection (c) below) shall have such maturity date as set forth in clause (and, in the case of a Quoted Rate Loan, such Interest Periodiii) as agreed to by below. Unless the Swingline Lender and has received notice (by telephone or in writing) from the Borrower upon receipt by Agent (including at the request of any Lender) prior to 2:00 p.m. (Charlotte, North Carolina time) on the date of the proposed Swingline Loan Borrowing (A) directing the Swingline Lender not to make such Swingline Loan as a result of any such notice from the Borrower. The limitations set forth in the proviso to the first sentence of Section 2.3(a), or (B) that one or more of the applicable conditions specified in Article V is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Borrower by 1:00 P.M. will, not later than 3:00 p.m. (Charlotte, North Carolina time) on the Business Day of the requested borrowing, make the amount of its Swingline Loan available to the Borrower at its office by crediting the account of the Borrower on the books of the Swingline Lender in immediately available funds.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

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Notices; Disbursement. The Whenever the Borrower shall request desires a Swingline Loan borrowing by submitting an appropriate advance hereunder it shall give written notice (or telephone notice promptly confirmed in writing) in the form of a Notice of Borrowing to the Swingline Lender not later than 11:00 A.M. 1:00 P.M. (Charlotte, North Carolina time) in the case of a Swingline Loan to be made in Dollars on the Business Day of 50 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 have such maturity date as a Base Rate Loan or a Quoted Rate Loan as agreed to by the Swingline Lender and the Borrower at the time of such Swingline Loan and (subject to subsection (c) below) shall have such maturity date (and, in the case of a Quoted Rate Loan, such Interest Period) as agreed to by the Swingline Lender and the Borrower agree upon receipt by the Swingline Lender of any such notice the relevant Notice of Borrowing from the Borrower, but in no event shall the maturity of any Swingline Loan extend beyond the Maturity Date. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the Borrower by 1:00 2:00 P.M. (Charlotte, North Carolina time or London, England time, as applicable) on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Right Management Consultants Inc)

Notices; Disbursement. The Borrower shall request Whenever one of more of the Borrowers desires a Swingline Loan borrowing by submitting an appropriate Notice of Borrowing advance hereunder it shall give written notice (or telephonice notice promptly confirmed in writing) to the Swingline Lender not later than 11:00 A.M. (Charlotte, North Carolina time) on the Business Day of 50 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, (D) the purpose for which the requested Swingline Loan will be used by the applicable Borrower and (E) that the representations and warranties made by the Credit Parties in any Credit Document are true and correct in all material respects at and as if made on the date hereof except to the extent they expressly relate to an earlier date. Each Swingline Loan shall be made as a Base Rate Loan or a Quoted Rate Loan as agreed to by the Swingline Lender and the Borrower at the time of such Swingline Loan and (subject to subsection (c) below) shall have such maturity date (and, in which maturity date shall not be a date more than three (3) Business Days from the case date of a Quoted Rate Loan, such Interest Periodadvance thereof) as agreed to by the Swingline Lender and the applicable Borrower shall agree upon receipt by the Swingline Lender of any such notice from the applicable Borrower. The Swingline Lender shall initiate the transfer of funds representing the Swingline Loan advance to the applicable Borrower by 1:00 3:00 P.M. (Charlotte, North Carolina time) on the Business Day of the requested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Highwoods Properties Inc)

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