Common use of Procedure for Borrowing Loans Clause in Contracts

Procedure for Borrowing Loans. Subject to the terms and conditions set forth herein, the Borrower may borrow Loans on the Closing Date and each applicable Increase Effective Date upon irrevocable written notice to the Administrative Agent, in substantially the form of Exhibit H (or any other form reasonably acceptable to the Administrative Agent), which may be given by telephone (promptly confirmed in writing), facsimile or electronic mail of each borrowing. Each such notice must be received by the Administrative Agent prior to 11:00 a.m., New York City time, (a) three Business Days prior to the requested Borrowing Date, if all or any part of the requested Loans are to be initially Eurodollar Loans or (b) on the requested Borrowing Date, if all of the requested Loans are to be initially ABR Loans, in each case specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods for such Eurodollar Loans. Each borrowing of ABR Loans shall be in an amount equal to $1,000,000 or a higher integral multiple of $100,000, and each borrowing of Eurodollar Loans shall be in an amount equal to $5,000,000 or a higher integral multiple of $1,000,000. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. In the case of Closing Date Loans, each Lender will make the amount of its Commitment Percentage of the borrowing to be made on the Closing Date available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. In the case of any Incremental Loans to be made after the Closing Date, each applicable Increasing Lender will make the amount of its applicable Incremental Commitment of the Incremental Loans to be made on the relevant Increase Effective Date available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. Each 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. The failure of any Lender to make a Loan to be made by it as part of any borrowing shall not relieve any other Lender of its obligation to make available its share of such borrowing.

Procedure for Borrowing Loans. Subject to The Borrower shall give the terms and conditions set forth herein, the Borrower may borrow Loans on the Closing Date and each applicable Increase Effective Date upon Agent an irrevocable written notice to the Administrative Agent, in substantially the form of Exhibit H (or any other form reasonably acceptable to the Administrative Agent), which may be given by telephone (promptly confirmed in writing), facsimile or electronic mail of each borrowing. Each such notice must be received by the Administrative Agent prior to 11:00 a.m.1:00 p.m., New York City time, (ai) three Business Days (or such shorter period as may be agreed to by the Agent) prior to the requested Borrowing Funding Date, if all or any part of the requested Loans are to be initially Eurodollar Loans Loans, or (bii) on one Business Day prior to the requested Borrowing Funding Date, if all of the requested Loans are to be initially ABR Loansotherwise, in each case specifying (iA) the amount to be borrowed, (iiB) the requested Borrowing Funding Date, which shall be a Business Day, (iiiC) whether the borrowing is requested Loans are to be of Eurodollar Loans, ABR Loans or a combination thereof and (ivD) if the borrowing is requested Loans are to be entirely or partly comprised of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods for such Eurodollar Loanstherefor. Each borrowing of ABR Loans Loan Group shall be in an amount equal to $1,000,000 50,000,000 or a higher integral whole multiple of $100,000, and each borrowing of Eurodollar Loans shall be 5,000,000 in an amount equal to $5,000,000 or a higher integral multiple of $1,000,000excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. In the case of Closing Date Loans, each Each Lender will make the amount of its Commitment Applicable Percentage of the borrowing to be made on the Closing Date each Loan Group available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office office of the Agent specified in Section 10.02 prior to 1:00 p.m.12:00 noon, New York City time, on the Funding Date in funds immediately available to the Administrative Agent. In the case of any Incremental Such Loans to be made after the Closing Date, each applicable Increasing Lender will make the amount of its applicable Incremental Commitment of the Incremental Loans to be made on the relevant Increase Effective Date available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. Each such borrowing will then immediately 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. The failure of any Lender to make a Loan to be made by it as part of any borrowing shall not relieve any other Lender of its obligation to make available its share of such borrowing.

Procedure for Borrowing Loans. Subject to the terms and conditions set forth herein, the Borrower may borrow Loans on the Closing Date and each applicable Increase Effective Date upon irrevocable written notice to the Administrative Agent, in substantially the form of Exhibit H (or any other form reasonably acceptable to the Administrative Agent), which may be given by telephone (promptly confirmed in writing), facsimile or electronic mail of each borrowing. Each such notice must be received by the Administrative Agent prior to 11:00 a.m., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, if all or any part of the requested Loans are to be initially Eurodollar Loans or (b) on the requested Borrowing Date, if all of the requested Loans are to be initially ABR Loans, in each case specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods for such Eurodollar Loans. Each borrowing of ABR Loans shall be in an amount equal to $1,000,000 or a higher integral multiple of $100,000, and each borrowing of Eurodollar Loans shall be in an amount equal to $5,000,000 or a higher integral multiple of $1,000,000. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. In the case of Closing Date Loans, each Lender will make the amount of its Commitment Percentage of the borrowing to be made on the Closing Date available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. In the case of any Incremental Loans to be made after the Closing Date, each applicable Increasing Lender will make the amount of its applicable Incremental Commitment of the Incremental Loans to be made on the relevant Increase Effective Date available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. Each 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. The failure of any Lender to make a Loan to be made by it as part of any borrowing shall not relieve any other Lender of its obligation to make available its share of such borrowing.

Procedure for Borrowing Loans. Subject to (a) To make a borrowing of the terms and conditions set forth herein, the Borrower may borrow Loans on the Closing Date and each applicable Increase Effective Date upon irrevocable written notice to Date, the Borrower shall give the Administrative Agent, in substantially the form of Exhibit H Agent irrevocable notice (or any other form reasonably acceptable to the Administrative Agent), which may be given by telephone (promptly confirmed in writing), facsimile or electronic mail of each borrowing. Each such notice must be received by the Administrative Agent prior to 11:00 a.m., a.m. New York City time, (a) three on the same Business Days prior to Day as the requested Borrowing Date, if all or any part of in the requested Loans are to be initially Eurodollar Loans or form attached hereto as Annex I (b) on the requested “Borrowing DateNotice”), if all of the requested Loans are to be initially ABR Loans, in each case specifying specifying: (i) the amount to be borrowed, ; (ii) the requested Borrowing Date, which shall be a Business Day; (iii) the initial Interest Period to be applicable thereto (including specifying the duration of such Interest Period and the last day of such Interest Period), which shall be a period contemplated by the definition of the term “Interest Period”; and (iv) whether the borrowing is to be a Eurocurrency Loan or, to the extent Eurocurrency Loans are not available as provided herein, a Base Rate Loan; (b) [Reserved]. Table of Eurodollar Loans, ABR Loans or a combination thereof and Contents (ivc) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods for such Eurodollar Loans. Each borrowing of ABR Loans shall be in an amount equal to $1,000,000 or a higher integral multiple of $100,000, and each borrowing of Eurodollar Loans shall be in an amount equal to $5,000,000 or a higher integral multiple of $1,000,000. Upon receipt of any such notice Borrowing Notice from the BorrowerBorrower pursuant to Section 2.2(a) with respect to a requested borrowing of Loans, the Administrative Agent shall promptly notify each applicable Lender thereof. In With respect to any requested Loan and subject to the case satisfaction of Closing Date Loansthe conditions contained in Section 5.1, each applicable Lender will make the amount of its Commitment Percentage of the borrowing to be made on the Closing Date each Loan available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office office specified in Section 10.2 prior to 1:00 p.m., 3:00 p.m. (New York City time, in funds immediately available to the Administrative Agent. In the case of any Incremental Loans to be made after the Closing Date, each applicable Increasing Lender will make the amount of its applicable Incremental Commitment of the Incremental Loans to be made ) on the relevant Increase Effective Borrowing Date available to the Administrative Agent for the account of requested by the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. Each such borrowing Loan will then promptly be made available on the Borrowing Date to the Borrower by the Administrative Agent crediting by wire transfer to the account of the Borrower account(s) set forth on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and Borrowing Notice in like funds as received by the Administrative Agent. The failure of any Lender to make a Loan to be made by it as part of any borrowing shall not relieve any other Lender of its obligation to make available its share of such borrowing.

Procedure for Borrowing Loans. Subject to the terms and conditions set forth herein, the The Borrower may borrow Loans under the Commitments during the Commitment Period on any Business Day. The Borrower shall give the Closing Date and each applicable Increase Effective Date upon Agent an irrevocable written notice to the Administrative Agent, in substantially the form of Exhibit H (or any other form reasonably acceptable to the Administrative Agent), which may be given by telephone (promptly confirmed in writing), facsimile or electronic mail of each borrowing. Each such notice must be received by the Administrative Agent prior to 11:00 a.m.1:00 p.m., New York City time, (ai) three Business Days prior to the requested Borrowing Dateborrowing date, if all any requested Borrowing is to be comprised of Eurodollar Loans, or any part of (ii) one Business Day prior to the requested Loans are to be initially Eurodollar Loans or borrowing date, otherwise), specifying for each Borrowing in such request, (b) on the requested Borrowing Date, if all of the requested Loans are to be initially ABR Loans, in each case specifying (ia) the amount to be borrowed, (iib) the requested Borrowing Dateborrowing date, (iiic) whether the borrowing Borrowing is to be of Eurodollar Loans or ABR Loans and (d) if the requested Borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Periods for such Eurodollar LoansPeriod therefor. Each borrowing Borrowing shall, subject to the requirements of ABR Loans shall Section 2.06, be in an amount equal to $1,000,000 10,000,000 or a higher integral whole multiple of $100,000, and each borrowing of Eurodollar Loans shall be 1,000,000 in an amount equal to $5,000,000 or a higher integral multiple of $1,000,000excess thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof. In the case of Closing Date Loans, each Each Lender will make the amount of its Commitment Applicable Percentage of the borrowing to be made on the Closing Date each Borrowing available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office office of the Agent most recently designated by it for such purpose by notice to the Lenders prior to 1:00 p.m.12:00 noon, New York City time, on the borrowing date requested by the Borrower in funds immediately available to the Administrative Agent. In the case of any Incremental Loans to be made after the Closing Date, each applicable Increasing Lender will make the amount of its applicable Incremental Commitment of the Incremental Loans to be made on the relevant Increase Effective Date available to the Administrative Agent for the account of the Borrower at the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. Each such borrowing Such Borrowing will then immediately 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. The failure of any Lender to make a Loan to be made by it as part of any borrowing shall not relieve any other Lender of its obligation to make available its share of such borrowing.

Procedure for Borrowing Loans. Subject (a) The Borrower may borrow RC Loans on any Business Day occurring during the RC Commitment Period, provided that, with respect to the terms and conditions set forth hereinany requested borrowing, the Borrower may borrow Loans on the Closing Date and each applicable Increase Effective Date upon irrevocable written notice to the Administrative Agent, in substantially the form of Exhibit H (or any other form reasonably acceptable to the Administrative Agent), which may be given by telephone (promptly confirmed in writing), facsimile or electronic mail of each borrowing. Each such notice must be received by shall notify the Administrative Agent prior to (by telephone or telecopy) no later than 11:00 a.m.A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, if all or any part in the case of the requested Loans are Eurodollar Loans, and no later than 11:00 A.M., one Business Day prior to be initially Eurodollar Loans or (b) on the requested Borrowing Date, if all in the case of ABR Loans (the requested same Business Day in the case of ABR Loans are to be initially ABR Loanson the first Borrowing Date), in each case specifying (i) the amount aggregate amounts to be borrowedborrowed under the RC Commitments, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of a Eurodollar LoansLoan, an ABR Loans Loan, or a combination thereof thereof, and (iv) if the borrowing is to be entirely or partly of a Eurodollar LoansLoan, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Periods Period for such Eurodollar LoansLoan. Each such notice shall be irrevocable and confirmed immediately by delivery to the Administrative Agent of a Borrowing Request. Each borrowing of RC Loans, con sisting of ABR Loans shall be in an aggregate principal amount equal to $1,000,000 or a higher such amount plus an integral multiple of $100,000500,000 in excess thereof or, and each if less, the unused amount of the RC Commitments. Each borrowing of RC Loans, as the case may be, consisting of Eurodollar Loans shall be in an a minimum aggregate principal amount equal to $5,000,000 or a higher an integral multiple of $1,000,0001,000,000 in excess thereof. Upon receipt of any such each notice of borrowing from the Borrower, the Administrative Agent shall promptly notify each applicable Lender thereof(by telephone or otherwise, such notice to be confirmed by telecopy or other writing) of the requested borrowing. In Subject to its receipt of the case notice referred to in the preceding sentence and to the other terms and conditions of Closing Date Loansthis Agreement, each Lender will make the amount of its applicable RC Commitment Percentage Percentage, of the each borrowing to be made on the Closing Date available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent’s Office prior to 1:00 p.m.Agent set forth in section 11.2 not later than 12:00 Noon, New York City timeon the Borrowing Date requested by the Borrower, in funds immediately available to the Administrative AgentAgent at such of fice. In the case of any Incremental Loans to be The amounts so made after the Closing Date, each applicable Increasing Lender will make the amount of its applicable Incremental Commitment of the Incremental Loans to be made on the relevant Increase Effective Date available to the Administrative Agent for on a Borrowing Date will then, subject to the account satisfaction of the Borrower at terms and conditions of this Agreement as determined by the Administrative Agent’s Office prior to 1:00 p.m., New York City time, in funds immediately available to the Administrative Agent. Each such borrowing will then be made available on such date to the Borrower by the Administrative Agent, in immediately available funds, at the office of the Administrative Agent specified in section 11.2 by crediting the account of the Borrower on the books of such office with the aggregate of said amounts received by the amounts made Administrative Agent. (b) Unless the Administrative Agent shall have received prior notice from a Lender (by telephone or otherwise, such notice to be confirmed by telecopy or other writing) that such Lender will not make available to the Administrative Agent such Lender's pro rata share of the Loans requested by the Lenders Borrower, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on such Borrowing Date in accordance with this section 2.3 provided that such Lender received notice of the proposed borrowing from the Administrative Agent, and the Administrative Agent may, in like funds reliance upon such assumption, make available to the Borrower on such Borrowing Date a corresponding amount. If and to the extent such Lender shall not have so made such pro rata share available to the Administrative Agent, such Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount (to the extent not previously paid by the other), together with interest thereon for each day from the date such amount is made available to the Borrower until the date such amount is paid to the Administrative Agent, at a rate per annum equal to, in the case of the Bor rower, the applicable interest rate set forth in section 2.6, and, in the case of such Lender, the Federal Funds Rate in effect on such date (as received determined by the Administrative Agent). The failure of any Such pay ment by the Borrower, however, shall be without prejudice to its rights against such Lender. If such Lender shall pay to make a the Administrative Agent such corresponding amount, such amount so paid shall constitute such Lender's Loan to be made by it as part of any borrowing such Loans for purposes of this Agreement, which Loan shall not relieve any other be deemed to have been made by such Lender of its obligation on the Borrowing Date applicable to make available its share of such borrowingLoans.