Common use of Procedure for Borrowing Revolving Credit Loans Clause in Contracts

Procedure for Borrowing Revolving Credit Loans. The Borrower may borrow Revolving Credit Loans during the Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M., New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans, (ii) two (2) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Money Market Loans, or (iii) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (w) the amount to be borrowed, (x) the requested Borrowing Date and, in the case of each Money Market Loan, the requested Money Market Loan Maturity Date, (y) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Money Market Loans or a combination thereof and (z) if the borrowing is to be entirely or partly of Eurodollar Loans the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an amount equal to (i) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Commitments are less than $500,000, such lesser amount) and (ii) in the case of Eurodollar Loans or Money Market Loans, $5,000,000 or a whole multiple of $100,000 in excess thereof, in each case subject to Section 2.2(e). 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 such borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.2 prior to 1:00 P.M., New York City time (or in the case of Money Market Loans having a Money Market Loan Maturity Date of six (6) days or less from the relevant Borrowing Date, 3:00 P.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. In no event may the number of Money Market Loans requested in any calendar month exceed four (4). In no event may the number of Money Market Loans requested in any calendar year exceed eighteen (18).

Procedure for Borrowing Revolving Credit Loans. The Borrower Borrowers may borrow Revolving Credit Loans during the Commitment Period on any Business Day, provided that the applicable Borrower shall give the Administrative Agent irrevocable notice (which 151 notice must be received by the Administrative Agent prior to 10:00 A.M., New York City Toronto time, (i) three (3) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans, (ii) two (2) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Money Market Loans or CDOR Loans, or (iii) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (w) the name of the relevant Borrower (if such notice is given by Kimco on behalf of a Borrower pursuant to Section 2.16) and the amount to be borrowed, (x) the requested Borrowing Date and, in the case of each Money Market Loan, the requested Money Market Loan Maturity Date, (y) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Cdn Prime Loans, CDOR Loans, Money Market Loans or a combination thereof and (z) if the borrowing is to be entirely or partly of Eurodollar Loans or CDOR Loans the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall be in an a principal amount equal to (i) in the case of ABR Loans or Cdn Prime Loans, $500,000 or C$500,000 (as the case may be) or a whole multiple of $100,000 or C$100,000 (as the case may be) in excess thereof (or, if the then aggregate Available Commitments are less than $C$500,000, such lesser amountCdn Dollar Amount) and (ii) in the case of Eurodollar Loans, CDOR Loans or Money Market Loans, $5,000,000 2,000,000 or C$2,000,000 (as the case may be) or a whole multiple of $100,000 or C$100,000 (as the case may be) in excess thereof, in each case subject to Section 2.2(e). Upon receipt of any such notice from the a Borrower, the Administrative Agent shall promptly notify each Lender thereofthereof and of the proposed Money Market Rate (if applicable). Each Lender will notify the Administrative Agent within one (1) Business Day prior to the requested Borrowing Date for any Money Market Loan as to whether or not such Lender is willing to accept the proposed Money Market Rate. If any Lender does not accept such proposed Money Market Rate, the Administrative Agent shall promptly notify the applicable Borrower, and that portion of the requested borrowing that was to constitute Money Market Loans will be deemed to be cancelled in its entirety with respect to all Lenders (and not merely with respect to any such non-accepting Lender). Each Lender will make the amount of its pro rata share of each such borrowing available (if such Lender is a Canadian Institution, from its U.S. Office, and if such Lender is a U.S. Institution, from its Canadian Office) to the Administrative Agent for the account of the applicable Borrower at the office of the Administrative Agent as specified in Section 10.2 to the Lenders by the Administrative Agent and prior to 1:00 P.M., New York City time (or in the case of Money Market Loans having a Money Market Loan Maturity Date of six (6) days or less from the relevant Borrowing Date, 3:00 P.M., New York City time), on the Borrowing Date requested by the applicable Borrower in funds in the applicable currency and immediately available to the Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the applicable account of the applicable 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. In no event may the number of Money Market Loans requested in any calendar month exceed four (4). In no event may the number of Money Market Loans requested in any calendar year exceed eighteen twelve (1812).

Procedure for Borrowing Revolving Credit Loans. (a) The Borrower Company may borrow request a borrowing of Revolving Credit Loans during the Commitment Period on any Working Day, if the Revolving Credit Loans to be borrowed are Eurodollar Loans, or on any Business Day, provided that if the Borrower shall give Revolving Credit Loans to be borrowed are Alternate Base Rate Loans, by submitting an irrevocable notice to the Administrative Agent irrevocable notice (at least one Business Day prior thereto, which notice shall be in substantially the form of Exhibit H ( a “Notice of Borrowing”) and specify (i) the aggregate principal amount to be borrowed, (ii) the requested borrowing date, (iii) the Excess Availability (after giving effect to the proposed borrowing), (iv) whether the Revolving Credit Loans to be borrowed are to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof and, if a combination, the respective aggregate amount of each type of borrowing and (v) if the Revolving Credit Loans to be borrowed are Eurodollar Loans, the length of the Interest Period or Interest Periods applicable thereto. Any such notice of borrowing must be received by the Administrative Agent prior to 10:00 11:00 A.M., New York City time, (i) three (3) Business Working Days prior to the requested Borrowing Dateborrowing date, if all or any part in the case of the requested Revolving Credit Loans are to be initially Eurodollar Loans, (ii) two (2) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Money Market Loans, or (iii) and one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (w) the amount to be borrowed, (x) the requested Borrowing Date andborrowing date, in the case of each Money Market LoanAlternate Base Rate Loans; provided, however, that if the Swing Line Lender has resigned, and not yet been replaced pursuant to Section 13.7, the notices of borrowing with respect to Alternate Base Rate Loans must be received by the Administrative Agent prior to 11:00 A.M. on the on the requested Money Market Loan Maturity Date, (y) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Money Market Loans or a combination thereof and (z) if the date. Each borrowing is to be entirely or partly of Eurodollar Loans the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall Loans shall, subject to Section 7.7(g), be in an aggregate principal amount equal to (ix) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Commitments are less than $500,000, such lesser amount) and (ii) in the case of Eurodollar Loans or Money Market Loans, $5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereofthereof (in the case of Eurodollar Loans) or (y) $2,500,000 (or, in each case subject if less, the maximum amount which is then available to the Company pursuant to Section 2.2(e3.1) or a whole multiple of $500,000 in excess thereof (in the case of Alternate Base Rate Loans). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall will promptly notify each Multi-Currency Lender thereof. Each Multi-Currency Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.2 prior to 14.2 (or at such other location as the Administrative Agent may direct), by 1:00 P.M., New York City time (or in the case of Money Market Loans having a Money Market Loan Maturity Date of six (6) days or less from the relevant Borrowing Date, 3:00 P.M., New York City time), on the Borrowing Date requested borrowing date, an amount equal to the Commitment Percentage of such Multi-Currency Lender multiplied by the Borrower aggregate principal amount of the Revolving Credit Loans requested to be borrowed in Dollars, in funds immediately available to the Administrative Agent. Such borrowing will then The proceeds of such Revolving Credit Loans received by the Administrative Agent hereunder shall promptly be made available to the Borrower Company by the Administrative Agent Agent’s crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available Company designated to the Administrative Agent with the aggregate amount actually received by the Administrative Agent from the Multi-Currency Lenders and in like funds as received by the Administrative Agent. In no event may the number of Money Market Loans requested in any calendar month exceed four (4). In no event may the number of Money Market Loans requested in any calendar year exceed eighteen (18).

Procedure for Borrowing Revolving Credit Loans. (a) The Borrower Company may borrow request a borrowing of Revolving Credit Loans during the Commitment Period on any Working Day, if the Revolving Credit Loans to be borrowed are Eurodollar Loans, or on any Business Day, if the Revolving Credit Loans to be borrowed are Alternate Base Rate Loans, by giving irrevocable notice to the Administrative Agent, specifying (i) the aggregate principal amount to be borrowed, (ii) the requested borrowing date, (iii) whether the Revolving Credit Loans to be borrowed are to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof and, if a combination, the respective aggregate amount of each type of borrowing and (iv) if the Revolving Credit Loans to be borrowed are Eurodollar Loans, the length of the Interest Period or Interest Periods applicable thereto; provided that any Revolving Credit Loans to be made to the Borrower Company on the Closing Date shall give the Administrative Agent irrevocable be made as Alternate Base Rate Loans. Any such notice (which notice of borrowing must be received by the Administrative Agent prior to 10:00 11:00 A.M., New York City time, (i) three (3) Business Working Days prior to the requested Borrowing Dateborrowing date, if all or any part in the case of the requested Revolving Credit Loans are to be initially Eurodollar Loans, (ii) two (2) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Money Market Loans, or (iii) and one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (w) the amount to be borrowed, (x) the requested Borrowing Date andborrowing date, in the case of each Money Market Loan, the requested Money Market Loan Maturity Date, (y) whether the Alternate Base Rate Loans. Each borrowing is to be of Eurodollar Loans, ABR Loans, Money Market Loans or a combination thereof and (z) if the borrowing is to be entirely or partly of Eurodollar Loans the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall Loans shall, subject to subsection 7.8(g), be in an aggregate principal amount equal to (ix) in the case of ABR Loans, $500,000 10,000,000 or a whole multiple of $100,000 1,000,000 in excess thereof (or, if the then aggregate Available Commitments are less than $500,000, such lesser amount) and (ii) in the case of Eurodollar Loans Loans) or Money Market Loans, (y) the lesser of $5,000,000 (or, if less, the maximum amount which is then available to the Company pursuant to subsection 3.1(a)) or a whole multiple of $100,000 1,000,000 in excess thereof, thereof (in each the case subject to Section 2.2(eof Alternate Base Rate Loans). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall will promptly notify each Multi-Currency Lender thereof. Each Multi-Currency Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.2 prior to subsection 14.3 (or at such other location as the Administrative Agent may direct), by 1:00 P.M., New York City time (or in the case of Money Market Loans having a Money Market Loan Maturity Date of six (6) days or less from the relevant Borrowing Date, 3:00 P.M., New York City time), on the Borrowing Date requested by borrowing date, an amount equal to the Borrower Multi-Currency Commitment Percentage of such Multi-Currency Lender times the aggregate principal amount of the Revolving Credit Loans requested to be borrowed in Dollars, in funds immediately available to the Administrative Agent. Such borrowing will then The proceeds of such Revolving Credit Loans received by the Administrative Agent hereunder shall promptly be made available to the Borrower Company by the Administrative Agent Agent's crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available Company designated to the Administrative Agent with the aggregate amount actually received by the Administrative Agent from the Multi-Currency Lenders and in like funds as received by the Administrative Agent. In no event may the number of Money Market Loans requested in any calendar month exceed four (4). In no event may the number of Money Market Loans requested in any calendar year exceed eighteen (18).

Procedure for Borrowing Revolving Credit Loans. (a) The Borrower Company may borrow request a borrowing of Revolving Credit Loans during the Commitment Period on any Working Day, if the Revolving Credit Loans to be borrowed are Eurodollar Loans, or on any Business Day, provided that if the Borrower shall give Revolving Credit Loans to be borrowed are Alternate Base Rate Loans, by submitting an irrevocable notice to the Administrative Agent irrevocable notice (at least one Business Day prior thereto, which notice shall be in substantially the form of Exhibit H ( a “Notice of Borrowing”) and specify (i) the aggregate principal amount to be borrowed, (ii) the requested borrowing date, (iii) the Excess Availability (after giving effect to the proposed borrowing), (iv) whether the Revolving Credit Loans to be borrowed are to be Eurodollar Loans or Alternate Base Rate Loans or a combination thereof and, if a combination, the respective aggregate amount of each type of borrowing and (v) if the Revolving Credit Loans to be borrowed are Eurodollar Loans, the length of the Interest Period or Interest Periods applicable thereto; provided, however, that any Revolving Credit Loans to be made to the Company on the Effective Date shall be made as Alternate Base Rate Loans. Any such notice of borrowing must be received by the Administrative Agent prior to 10:00 11:00 A.M., New York City time, (i) three (3) Business Working Days prior to the requested Borrowing Dateborrowing date, if all or any part in the case of the requested Revolving Credit Loans are to be initially Eurodollar Loans, (ii) two (2) Business Days prior to the requested Borrowing Date, if all or any part of the requested Revolving Credit Loans are to be initially Money Market Loans, or (iii) and one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (w) the amount to be borrowed, (x) the requested Borrowing Date andborrowing date, in the case of each Money Market LoanAlternate Base Rate Loans; provided, however, that if the Swing Line Lender has resigned, and not yet been replaced pursuant to Section 13.7, the notices of borrowing with respect to Alternate Base Rate Loans must be received by the Administrative Agent prior to 11:00 A.M on the on the requested Money Market Loan Maturity Date, (y) whether the borrowing is to be of Eurodollar Loans, ABR Loans, Money Market Loans or a combination thereof and (z) if the date. Each borrowing is to be entirely or partly of Eurodollar Loans the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing under the Commitments shall Loans shall, subject to Section 7.7(g), be in an aggregate principal amount equal to (ix) in the case of ABR Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then aggregate Available Commitments are less than $500,000, such lesser amount) and (ii) in the case of Eurodollar Loans or Money Market Loans, $5,000,000 or a whole multiple of $100,000 1,000,000 in excess thereofthereof (in the case of Eurodollar Loans) or (y) $2,500,000 (or, in each case subject if less, the maximum amount which is then available to the Company pursuant to Section 2.2(e3.1) or a whole multiple of $500,000 in excess thereof (in the case of Alternate Base Rate Loans). Upon receipt of any such notice from the Borrowernotice, the Administrative Agent shall will promptly notify each Multi-Currency Lender thereof. Each Multi-Currency Lender will make the amount of its pro rata share of each such borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.2 prior to 14.2 (or at such other location as the Administrative Agent may direct), by 1:00 P.M., New York City time (or in the case of Money Market Loans having a Money Market Loan Maturity Date of six (6) days or less from the relevant Borrowing Date, 3:00 P.M., New York City time), on the Borrowing Date requested borrowing date, an amount equal to the Commitment Percentage of such Multi-Currency Lender multiplied by the Borrower aggregate principal amount of the Revolving Credit Loans requested to be borrowed in Dollars, in funds immediately available to the Administrative Agent. Such borrowing will then The proceeds of such Revolving Credit Loans received by the Administrative Agent hereunder shall promptly be made available to the Borrower Company by the Administrative Agent Agent’s crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available Company designated to the Administrative Agent with the aggregate amount actually received by the Administrative Agent from the Multi-Currency Lenders and in like funds as received by the Administrative Agent. In no event may the number of Money Market Loans requested in any calendar month exceed four (4). In no event may the number of Money Market Loans requested in any calendar year exceed eighteen (18).

Procedure for Borrowing Revolving Credit Loans. (a) The Borrower may borrow Revolving Credit Loans under the Aggregate Commitments on any Business Day during the Commitment Period on any Business DayPeriod, provided provided, however, that the Borrower shall give notify the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 10:00 A.M.telephone or fax) no later than 11:00 a.m., New York City time, (i) three (3) Business Days prior to the requested Borrowing Date, if all or any part in the case of the requested Revolving Credit Loans are to be initially Eurodollar LoansAdvances and 11:30 a.m., (ii) two (2) Business Days prior to on the requested Borrowing Date, if all or any part in the case of ABR Advances, in each case specifying the requested Revolving Credit Loans are aggregate principal amount to be initially Money Market Loansborrowed under the Aggregate Commitments, or (iii) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (w) the amount to be borrowed, (x) the requested Borrowing Date and, in the case of each Money Market Loan, the requested Money Market Loan Maturity Date, (y) whether the such borrowing is to be consist of one or more Eurodollar LoansAdvances, ABR LoansAdvances, Money Market Loans or a combination thereof and (z) if the borrowing is to be entirely consist of one or partly more Eurodollar Advances, the length of the Eurodollar Loans the respective amounts of Interest Period for each such Type Eurodollar Advance, provided, however, that no Eurodollar Interest Period selected in respect of any Revolving Credit Loan and shall end after the respective lengths of Maturity Date. If the initial Interest Periods thereforBorrower fails to give timely notice in connection with a request for a Eurodollar Advance, the Borrower shall be deemed to have elected that such Advance shall be made as an ABR Advance. Each borrowing under such notice shall be irrevocable and confirmed promptly by delivery to the Commitments Agent of a Borrowing Request. Each ABR Advance shall be in an aggregate principal amount equal to (i) in the case of ABR Loans, $500,000 5,000,000 or a whole an integral multiple of $100,000 1,000,000 in excess thereof (or, if the then aggregate Available unused amount of the Aggregate Commitments are is less than $500,000such amount, then such lesser amount) amount of the unused Aggregate Commitments), and (ii) each Eurodollar Advance shall be in the case of Eurodollar Loans or Money Market Loans, an aggregate principal amount equal to $5,000,000 or a whole an integral multiple of $100,000 1,000,000 in excess thereof, in each case subject to Section 2.2(e). 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 such borrowing available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 10.2 prior to 1:00 P.M., New York City time (or in the case of Money Market Loans having a Money Market Loan Maturity Date of six (6) days or less from the relevant Borrowing Date, 3:00 P.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. In no event may the number of Money Market Loans requested in any calendar month exceed four (4). In no event may the number of Money Market Loans requested in any calendar year exceed eighteen (18).