Common use of Procedure for Borrowing Advances Clause in Contracts

Procedure for Borrowing Advances. (i) Each Advance shall be made by a written request by a Responsible Officer of the Borrower Representative in the form of Exhibit I (a “Advance Request”) delivered to the Administrative Agent and received by the Administrative Agent no later than (x) 1:30 p.m. Local Time on the Business Day that is the requested Funding Date in the case of a request for a Swingline Loan, (y) 1:30 p.m. Local Time on the Business Day that is the requested Funding Date in the case of other U.S. Advances of U.S. Base Rate Loans or Canadian Advances of Canadian Prime Rate Loans or Canadian Base Rate Loans, (z) no later than 1:30 p.m. Local Time on the Business Day that is three (3) Business Days prior to the requested Funding Date in the case of Advances of Contract Rate Loans, in each case, specifying (A) the amount of such Advance and, in the case of clause (iv), whether such Advance requested will be a U.S. Advance or a Canadian Advance, (B) the Applicable Currency for the requested Advance (which currency shall be permitted hereunder), (C) (x) in the case of any requested U.S. Advances to be denominated in U.S. Dollars, whether such U.S. Advances are to be comprised of U.S. Base Rate Loans or LIBOR Rate Loans, (y) in the case of any requested Canadian Advances to be denominated in Canadian Dollars, whether such Canadian Advances are to be comprised of Canadian Prime Rate Loans or BA Rate Loans, and (z) in the case of any requested Canadian Advances to be denominated in U.S. Dollars, whether such Advances are to be comprised of Canadian Base Rate Loans or LIBOR Rate Loans; (D) subject to the notice periods set forth above, the requested Funding Date (which shall be a Business Day), and (E) in the case of any requested Advance of Contract Rate Loans, the Interest Period applicable thereto. At the Administrative Agent’s election, in lieu of delivering the above-described Advance Request, any Responsible Officer of the Borrower Representative may give the Administrative Agent telephonic notice of such request by the required time. In such circumstances, the Borrowers agree that any such telephonic notice will be confirmed in writing within 24 hours of the giving of such telephonic notice, but the failure to provide such written confirmation shall not affect the validity of the request. Advances for the account of a U.S. Borrower may be denominated in U.S. Dollars or Euros and Advances for the account of a Canadian Borrower may be denominated in Canadian Dollars or U.S. Dollars. Requests for Contract Rate Loans will also be subject to Section 2.12.

Appears in 3 contracts

Samples: Credit Agreement (JELD-WEN Holding, Inc.), Credit Agreement (JELD-WEN Holding, Inc.), Revolving Credit Agreement (JELD-WEN Holding, Inc.)

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Procedure for Borrowing Advances. (i) Each Advance shall be made by a written request by a Responsible Officer of the Borrower Representative in the form of Exhibit I (a “Advance Request”) delivered to the Administrative Agent (which may be delivered through the Administrative Agent’s electronic platform or portal) and received by the Administrative Agent no later than (x) 1:30 p.m. Local Time on the Business Day that is the requested Funding Date in the case of a request for a Swingline Loan, (y) 1:30 p.m. Local Time on the Business Day that is the requested Funding Date in the case of other U.S. Advances of U.S. Base Rate Loans or Canadian Advances of Canadian Prime Rate Loans or Canadian Base Rate Loans, (z) no later than 1:30 p.m. Local Time on the Business Day that is three (3) Business Days prior to the requested Funding Date in the case of Advances of Contract Rate Loans, in each case, specifying (A) the amount of such Advance and, in the case of clause (iv), whether such Advance requested will be a U.S. Advance or a Canadian Advance, (B) the Applicable Currency for the requested Advance (which currency shall be permitted hereunder), (C) (x) in the case of any requested U.S. Advances to be denominated in U.S. Dollars, whether such U.S. Advances are to be comprised of U.S. Base Rate Loans or LIBOR Rate Loans, (y) in the case of any requested Canadian Advances to be denominated in Canadian Dollars, whether such Canadian Advances are to be comprised of Canadian Prime Rate Loans or BA Rate Loans, and (z) in the case of any requested Canadian Advances to be denominated in U.S. Dollars, whether such Advances are to be comprised of Canadian Base Rate Loans or LIBOR Rate Loans; (D) subject to the notice periods set forth above, the requested Funding Date (which shall be a Business Day), and (E) in the case of any requested Advance of Contract Rate Loans, the Interest Period applicable thereto. At AtAll requests for Advances which are not made online via the Administrative Agent’s election, in lieu of delivering the above-described Advance Request, any Responsible Officer of the Borrower Representative may give giveelectronic platform or portal shall be subject to (and unless the Administrative Agent telephonic notice of elects otherwise in the exercise of its sole discretion, such request by byAdvances shall not be made until the completion of) the required time. In such circumstances, ,Administrative Agent’s authentication process (with results satisfactory to the Borrowers agree that any such telephonic notice will be confirmed in writing within 24 hours of ofAdministrative Agent) prior to the giving of such telephonic notice, but the failure to provide such written confirmation shall not affect the validity of the requestrequestfunding of any such requested Advance. Advances for the account of a U.S. Borrower may be denominated in U.S. Dollars or Euros and Advances for the account of a Canadian Borrower may be denominated in Canadian Dollars or U.S. Dollars. Requests for Contract Rate Loans will also be subject to Section 2.12.

Appears in 1 contract

Samples: Credit Agreement (JELD-WEN Holding, Inc.)

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