Common use of Procedure for Advance of Term Loan Clause in Contracts

Procedure for Advance of Term Loan. The Borrower shall give the Administrative Agent an irrevocable Notice of Borrowing prior to 2:00 p.m. on the Closing Date requesting that the Term Loan Lenders make the Term Loan as a Base Rate Loan on such date (provided that the Borrower may request, no later than three (3) Business Days prior to the Closing Date, that the Lenders make the Term Loan as a LIBOR Rate Loan or multiple LIBOR Rate Loans if the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement and a notice of borrowing (in form satisfactory to the Administrative Agent) requesting such LIBOR Rate Loan or LIBOR Rate Loans and specifying (a) the amount of each such LIBOR Rate Loan (which shall be, for each such LIBOR Rate Loan, in an aggregate principal amount of $5,000,000 or a whole multiple of $500,000 in excess thereof) and (b) the Interest Period or Interest Periods applicable thereto). Upon receipt of such notice of borrowing from the Borrower, the Administrative Agent shall promptly notify each Term Loan Lender thereof. Not later than 3:00 p.m. on the Closing Date, each Term Loan Lender will make available to the Administrative Agent for the account of the Borrower, at the Administrative Agent’s Office in immediately available funds, the amount of such Term Loan to be made by such Term Loan Lender on the Closing Date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of the Term Loan in immediately available funds by wire transfer to such Person or Persons as may be designated by the Borrower in writing.

Appears in 3 contracts

Samples: Third Amendment (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)

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Procedure for Advance of Term Loan. The During the Availability Period (or, in the discretion of the Lenders and subject to a funding indemnity letter, prior to the Closing Date), the Borrower shall have the right to give the Administrative Agent an a one time irrevocable written notice substantially in the form of Exhibit B (a “Notice of Borrowing Borrowing”) prior to 2:00 p.m. 11:00 a.m. (i) on the Closing Date requested funding date if the Borrower is requesting that the Term Loan Lenders make the Term Loan Loans be made as a Base Rate Loan on such date Loans or (provided that the Borrower may request, no later than three ii) at least two (32) Business Days prior to the Closing Date, that the Lenders make the Term Loan as a LIBOR Rate Loan or multiple LIBOR Rate Loans requested funding date if the Borrower has delivered to is requesting that the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement and a notice of borrowing (in form satisfactory to the Administrative Agent) requesting such Term Loans be made as LIBOR Rate Loan or LIBOR Rate Loans and specifying (a) the amount of each such LIBOR Rate Loan (which shall be, for each such LIBOR Rate Loan, in an aggregate principal amount of $5,000,000 or a whole multiple of $500,000 in excess thereof) and (b) the Interest Period or Interest Periods applicable thereto)Loans. Upon receipt of such notice Notice of borrowing Borrowing from the Borrower, the Administrative Agent shall promptly notify each Term Loan Lender thereof. Not later than 3:00 1:00 p.m. on the Closing Daterequested funding date, each Term Loan Lender will make available to the Administrative Agent for the account of the Borrower, at the Administrative Agent’s Office in immediately available funds, the amount of such the Term Loan to be made by such Term Loan Lender on the Closing DateLender. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of the Term Loan each borrowing requested pursuant to this Section in immediately available funds by wire transfer crediting or wiring such proceeds to such Person or Persons as may be the accounts designated by the Borrower in writingthe notice substantially in the form attached as Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 4.7 hereof, the Administrative Agent shall not be obligated to disburse the portion of the proceeds of the Term Loans requested pursuant to this Section to the extent that any Lender has not made available to the Administrative Agent its Term Loan Percentage of the Term Loans.

Appears in 3 contracts

Samples: Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP), Term Loan Agreement (DCP Midstream Partners, LP)

Procedure for Advance of Term Loan. The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B or such other form as may be reasonably approved by the Administrative Agent (including any form on an irrevocable electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a “Notice of Borrowing Borrowing”), prior to 2:00 p.m. 12:00 noon on the Closing Date requesting that the Term Loan Lenders make the Term Loan as a Base Rate Loan on such date (provided that the Borrower may request, no later than three (3) Business Days prior to the Closing Date, that the Lenders make the Term Loan as a LIBOR Rate Loan or multiple LIBOR Rate Loans if the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 4.9 of this Agreement and a notice of borrowing (in form satisfactory to the Administrative Agent) requesting such LIBOR Rate Loan or LIBOR Rate Loans and specifying (a) the amount of each such LIBOR Rate Loan (which shall be, for each such LIBOR Rate Loan, in an aggregate principal amount of $5,000,000 or a whole multiple of $500,000 in excess thereof) and (b) the Interest Period or Interest Periods applicable theretoAgreement). Upon receipt of such notice Notice of borrowing Borrowing from the Borrower, the Administrative Agent shall promptly notify each Term Loan Lender thereof. Not later than 3:00 2:00 p.m. on the Closing Date, each Term Loan Lender will make available to the Administrative Agent for the account of the Borrower, at the Administrative Agent’s Office in immediately available funds, the amount of such Term Loan to be made by such Term Loan Lender on the Closing Date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of the Term Loan requested pursuant to this Section in immediately available funds by wire transfer crediting or wiring such proceeds to such Person the deposit account of the Borrower identified in the most recent notice substantially in the form of Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent, or Persons as may be designated otherwise agreed upon by the Borrower in writingand the Administrative Agent from time to time.

Appears in 1 contract

Samples: Loan Credit Agreement (CoreCivic, Inc.)

Procedure for Advance of Term Loan. The Borrower shall give the Administrative Agent an irrevocable a Notice of Term Loan Borrowing in the form attached hereto as Exhibit C-II (the "Notice of Term Loan Borrowing") prior to 2:00 p.m. 11:00 a.m. (Charlotte time) on the Closing Effective Date requesting that the Term Loan Lenders make the Term Loan as a Base Rate Loan on such date (provided that date. To the Borrower may requestextent any conversion of the applicable interest rate is effected pursuant to Section 4.2, no later than three (3) Business Days prior to the Closing Date, that the Lenders make the Term each borrowing of a Base Rate Loan as shall be in an aggregate principal amount of at least $250,000 or any integral multiple of $100,000 in excess thereof and each borrowing of a LIBOR Rate Loan or multiple LIBOR Rate Loans if the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement and a notice of borrowing (in form satisfactory to the Administrative Agent) requesting such LIBOR Rate Loan or LIBOR Rate Loans and specifying (a) the amount of each such LIBOR Rate Loan (which shall be, for each such LIBOR Rate Loan, be in an aggregate principal amount of $5,000,000 250,000 or a whole any integral multiple of $500,000 100,000 in excess thereof) and (b) the Interest Period or Interest Periods applicable thereto). Upon receipt of such notice Notice of borrowing Term Loan Borrowing from the Borrower, the Administrative Agent shall promptly notify each Term Loan Lender thereof. Not later than 3:00 1:00 p.m. (Charlotte time) on the Closing Effective Date, each Term Loan Lender will make available to the Administrative Agent for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent’s Office in immediately available funds, the amount of such Lender's Term Loan to be made by on such Term Loan Lender on the Closing Datedate. The Borrower hereby irrevocably authorizes authorize the Administrative Agent to disburse the proceeds of each of the Term Loan in immediately available funds by wire transfer to such Person or Persons as may be designated by the Borrower in writingpursuant to the Notice of Term Loan Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

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Procedure for Advance of Term Loan. The Borrower shall give the Administrative Agent an irrevocable Notice of Borrowing (including with respect to any Existing Term Loans to be converted into Term Loans on the Closing Date) substantially in the form of Exhibit B (a “Notice of Borrowing”) prior to 2:00 p.m. 11:00 a.m. on the Closing Date requesting that the Term Loan Lenders make the Term Loan as a Base Rate Loan on such date (provided that the Borrower may request, no later than three (3) Business Days prior to the Closing Date, that the Lenders make the Term Loan as a LIBOR Rate Loan or multiple LIBOR Rate Loans if the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 3.9 of this Agreement and a notice of borrowing (in form satisfactory to the Administrative Agent) requesting such LIBOR Rate Loan or LIBOR Rate Loans and specifying (a) the amount of each such LIBOR Rate Loan (which shall be, for each such LIBOR Rate Loan, in an aggregate principal amount of $5,000,000 or a whole multiple of $500,000 in excess thereof) and (b) the Interest Period or Interest Periods applicable theretoAgreement). Upon receipt of such notice Notice of borrowing Borrowing from the Borrower, the Administrative Agent shall promptly notify each Term Loan Lender thereof. Not later than 3:00 2:00 p.m. on the Closing Date, (i) the Existing Term Loans of each Term Loan Converting Lender shall be converted into a Term Loan in an amount equal to such Term Loan Converting Lender’s Term Loan Commitment Conversion amount, and (ii) each Term Loan Funding Lender will make available to the Administrative Agent for the account of the Borrower, at the Administrative Agent’s Office in immediately available funds, the amount of such Term Loan to be made by such Term Loan Funding Lender on the Closing Date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of the Term Loan in immediately available funds by wire transfer to such Person or Persons as may be designated by the Borrower in writing.

Appears in 1 contract

Samples: Credit Agreement (Macquarie Infrastructure Corp)

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