Common use of Notices; Disbursement Clause in Contracts

Notices; Disbursement. Each Swingline Loan shall be made upon the Borrowers’ irrevocable notice to the Swingline Lender and the Administrative Agent, which may be given by: (A) telephone or (B) a Notice of Borrowing of a Swingline Loan; provided that any telephonic notice must be confirmed immediately by delivery to the Swingline Lender and the Administrative Agent of a Notice of Borrowing of a Swingline Loan. Each such Notice of Borrowing must be received by the Swingline Lender and the Administrative Agent not later than 1:00 p.m. on the requested borrowing date, and shall specify (x) the amount to be borrowed, which shall be a minimum amount permitted by clause (b)(ii) below, and (y) the requested date of the borrowing (which shall be a Business Day). Promptly after receipt by the Swingline Lender of any Notice of Borrowing of a Swingline Loan, the Swingline Lender will confirm with the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Notice of Borrowing and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) of the contents thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed borrowing of Swingline Loans (1) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the proviso to the first sentence of Section 2.5(a), or (2) that one or more of the applicable conditions specified in Section 5 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender may, make the amount of its Swingline Loan available to the Borrowers at its office by crediting the account of the Borrowers on the books of the Swingline Lender in immediately available funds.

Appears in 2 contracts

Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

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Notices; Disbursement. Each Whenever Airgas desires a U.S. Swingline Loan advance hereunder, a Responsible Officer shall be made upon the Borrowers’ irrevocable give notice to the U.S. Swingline Lender and the Administrative AgentLender, which may be given by: (A) telephone or (B) a Notice of Borrowing of a U.S. Swingline LoanBorrowing; provided that any telephonic notice must be confirmed immediately by delivery to the U.S. Swingline Lender and the Administrative Agent of a Notice of Borrowing of a U.S. Swingline LoanBorrowing. Each such Notice of U.S. Swingline Borrowing must be received by the U.S. Swingline Lender and the Administrative Agent not later than 1:00 p.m. 2:00 P.M. on the Business Day of the requested borrowing date, U.S. Swingline Loan advance. Each such notice shall be irrevocable and shall specify (xA) that a U.S. Swingline Loan advance is requested, (B) the amount to be borrowed, which shall be a minimum amount permitted by clause (b)(ii) below, and (y) the requested date of the borrowing 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. Promptly after 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 Airgas shall agree upon receipt by the U.S. Swingline Lender of any Notice of Borrowing of a such notice from Airgas (which shall not extend beyond the Maturity Date). The U.S. Swingline Loan, Lender shall credit the funds requested to an Airgas account maintained with the Swingline Lender will confirm with by 3:00 P.M. on the Administrative Agent (by telephone or in writing) that the Administrative Agent has also received such Notice of Borrowing and, if not, the Swingline Lender will notify the Administrative Agent (by telephone or in writing) Business Day of the contents thereof. Unless the Swingline Lender has received notice (by telephone or in writing) from the Administrative Agent (including at the request of any Revolving Lender) prior to 2:00 p.m. on the date of the proposed borrowing of Swingline Loans (1) directing the Swingline Lender not to make such Swingline Loan as a result of the limitations set forth in the proviso to the first sentence of Section 2.5(a), or (2) that one or more of the applicable conditions specified in Section 5 is not then satisfied, then, subject to the terms and conditions hereof, the Swingline Lender may, make the amount of its Swingline Loan available to the Borrowers at its office by crediting the account of the Borrowers on the books of the Swingline Lender in immediately available fundsrequested borrowing.

Appears in 1 contract

Samples: Credit Agreement (Airgas Inc)

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