Common use of Procedure for Acquisition Loan Borrowing Clause in Contracts

Procedure for Acquisition Loan Borrowing. The Borrower may borrow under the Acquisition Loan Commitments during the Acquisition Loan Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit A-4 (which notice must be received by the Administrative Agent prior to 10:00 a.m., New York City time, in the case of Base Rate Loans and 11:00 a.m., New York City time, in the case of Eurodollar Loans, (a) three Business Days prior to the requested Borrowing Date, if all or any part of the requested Acquisition Loans are to be initially Eurodollar Loans or (b) one Business Day prior to the requested Borrowing Date, otherwise) requesting that the Lenders make such Acquisition Loans on the proposed Acquisition Closing Date and specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) the Permitted Acquisition to be financed with the proceeds of such Acquisition Loans, (iv) whether the borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof, and (v) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Acquisition Loan Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then remaining unused Acquisition Loan Commitments are less than $500,000 such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing of Acquisition Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 13.2 prior to 11:00 a.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Procedure for Acquisition Loan Borrowing. The Borrower may borrow under the Acquisition Loan Commitments during the Acquisition Loan Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice substantially (in the form of Exhibit A-4 L) (which notice must be received by the Administrative Agent prior to 10:00 a.m., New York City time, in the case of Base Rate Loans and 11:00 a.m., New York City time, in the case of Eurodollar Loans, (a) three Business Days prior to time on the requested Borrowing Date, if all or any part of the requested Acquisition Loans are to be initially Eurodollar Loans or (b) one Business Day prior to the requested Borrowing Date, otherwise) requesting that the Lenders make such Acquisition Loans on the proposed Acquisition Closing Date and specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, Date and (iii) the Permitted Acquisition to be financed with the proceeds of such Acquisition Loans, (iv) whether the borrowing is to . Each Acquisition Loan shall initially be of Eurodollar Loans, made as a Base Rate Loans or a combination thereof, and (v) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts of each such Type of Loan and the respective lengths of the initial Interest Periods thereforLoan. Each borrowing under the Acquisition Loan Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then remaining unused Acquisition Loan Commitments are less than $500,000 such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing of Acquisition Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 13.2 prior to 11:00 a.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Procedure for Acquisition Loan Borrowing. (a) The Borrower may ---------------------------------------- borrow under the Aggregate Acquisition Loan Commitments Commitment during the Acquisition Loan Commitment Period on any Business Day, provided that the Borrower shall give the -------- Administrative Agent irrevocable notice substantially in the form of Exhibit A-4 (which notice must be received by the Administrative Agent prior to 10:00 a.m.1:00 P.M., New York City time, in the case of Base Rate Loans and 11:00 a.m., New York City time, in the case of Eurodollar Loans, (ax) three Business Days prior to the requested Borrowing Date, if all or any part of the requested Acquisition Loans are to be initially Eurodollar Loans or (by) one Business Day prior to the requested Borrowing Date, otherwise) requesting that the Lenders make such Acquisition Loans on the proposed Acquisition Closing Date and ), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) the Permitted Acquisition to be financed with the proceeds of such Acquisition Loans, (iv) whether the borrowing is to be of Eurodollar Loans, Base Rate ABR Loans or a combination thereof, thereof and (viv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Aggregate Acquisition Loan Commitments Commitment shall be in an amount equal to (x) in the case of Base Rate Loans, $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then remaining unused Acquisition Loan Commitments are less than $500,000 such lesser amount) and (y) in the case of Eurodollar Loansborrowings of ABR Loans when the then unutilized amount of the Aggregate Acquisition Loan Commitment is less than $2,000,000, $1,000,000 or a whole multiple of $100,000 in excess thereofsuch lesser amount). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Acquisition Lender thereof. Each Acquisition Lender will make the amount of its pro rata share of each borrowing of Acquisition Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 13.2 subsection 11.3 prior to 11:00 a.m.A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Acquisition Lenders and in like funds as received by the Administrative Agent. (b) Notwithstanding anything to the contrary contained herein, (i) the Borrower may make not more than six borrowings under the Aggregate Acquisition Loan Commitments and (ii) the Borrower may only borrow Acquisition Loans on any day to the extent necessary to pay obligations described in subsection 3.4 which are then due and payable.

Procedure for Acquisition Loan Borrowing. The Borrower Company may borrow under the Acquisition Loan Commitments during the Acquisition Loan Commitment Availability Period on any Business Banking Day, provided that the Borrower Company shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit A-4 (which notice must be received by the Administrative Agent prior to 10:00 a.m.A.M., New York City San Francisco time, in the case of Base Rate Loans and 11:00 a.m., New York City time, in the case of Eurodollar Loans, (ax) three Business Banking Days prior to the requested Borrowing Date, if all or any part of the requested Acquisition Loans are to be initially Eurodollar Loans or (by) one Business Banking Day prior to the requested Borrowing Date, otherwise) requesting that the Lenders make such Acquisition Loans on the proposed Acquisition Closing Date and ), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) the Permitted Acquisition to be financed with the proceeds of such Acquisition Loans, (iv) whether the borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof, thereof and (viv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts respective amount of each such Type of Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing (other than any borrowing on the Closing Date) under the Acquisition Loan Commitments shall be in an amount equal to (xA) in the case of Base Rate Loans, $500,000 1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then remaining unused aggregate Available Acquisition Loan Commitments then in effect are less than $500,000 1,000,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Acquisition Loan Lender thereof. Each Acquisition Loan Lender will make the amount of its pro rata share of each borrowing of Acquisition Loans available to the Administrative Agent for the account of the Borrower Company at the office of the Administrative Agent specified in Section 13.2 subsection 14.2 prior to 11:00 a.m.A.M., New York City San Francisco time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Borrower Company on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Acquisition Loan Lenders and in like funds as received by the Administrative Agent.. 43 36

Procedure for Acquisition Loan Borrowing. (a) The Borrower may borrow under the Aggregate Acquisition Loan Commitments Commitment during the Acquisition Loan Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice substantially in the form of Exhibit A-4 (which notice must be received by the Administrative Agent prior to 10:00 a.m.1:00 P.M., New York City time, in the case of Base Rate Loans and 11:00 a.m., New York City time, in the case of Eurodollar Loans, (ax) three Business Days prior to the requested Borrowing Date, if all or any part of the requested Acquisition Loans are to be initially Eurodollar Loans or (by) one Business Day prior to the requested Borrowing Date, otherwise) requesting that the Lenders make such Acquisition Loans on the proposed Acquisition Closing Date and ), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) the Permitted Acquisition to be financed with the proceeds of such Acquisition Loans, (iv) whether the borrowing is to be of Eurodollar Loans, Base Rate ABR Loans or a combination thereof, thereof and (viv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Periods Period therefor. Each borrowing under the Aggregate Acquisition Loan Commitments Commitment shall be in an amount equal to (x) in the case of Base Rate Loans, $500,000 2,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then remaining unused Acquisition Loan Commitments are less than $500,000 such lesser amount) and (y) in the case of Eurodollar Loansborrowings of ABR Loans when the then unutilized amount of the Aggregate Acquisition Loan Commitment is less than $2,000,000, $1,000,000 or a whole multiple of $100,000 in excess thereofsuch lesser amount). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Acquisition Lender thereof. Each Acquisition Lender will make the amount of its pro rata share of each borrowing of Acquisition Loans available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 13.2 subsection 11.3 prior to 11:00 a.m.A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Acquisition Lenders and in like funds as received by the Administrative Agent. (b) Notwithstanding anything to the contrary contained herein, (i) the Borrower may make not more than six borrowings under the Aggregate Acquisition Loan Commitments and (ii) the Borrower may only borrow Acquisition Loans on any day to the extent necessary to pay obligations described in subsection 3.4 which are then due and payable.