Common use of Procedure for Borrowing Clause in Contracts

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.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) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank will make available to the Company at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by such Bank.

Appears in 4 contracts

Samples: Credit Agreement (Lazard LTD), Credit Agreement (Lazard Group LLC), Credit Agreement (Lazard Group LLC)

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Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period (a) To request a Revolving Borrowing or a Term B-1 Loan Borrowing on any Business Day, provided that the Company Borrower shall give notify the Administrative Agent irrevocable notice of such request (x) in the case of ABR Loans, by telephone (which notice must be received by the Administrative Agent prior to 3:00 P.M.12:00 noon, New York City timetime on the requested Borrowing Date) or (y) in the case of Eurocurrency Loans, in writing (awhich notice must be received by the Administrative Agent prior to 12:00 noon, New York City time not less than (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 Date for Dollar Borrowing requests and (bB) one (1) four Business Day Days prior to the requested Borrowing DateDate for Alternative Currency Revolving Borrowing requests). Any borrowing request shall be irrevocable (but may be conditioned on the occurrence of any event if the borrowing request includes a description of such event; provided that the relevant Lenders shall still be entitled to the benefits of Section 2.13) and any telephonic borrowing request shall be confirmed promptly in writing. Each such telephonic and written borrowing request shall specify the amount, otherwise), specifying (i) the amount currency and Type of Borrowing to be borrowed, (ii) borrowed and the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank relevant Lender thereof. Each Bank will make available For the avoidance of doubt, subject to Section 2.11, each Borrowing shall be comprised entirely of ABR Loans or Eurocurrency Loans as the Company at the office of the Administrative Agent specified Borrower may request in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount accordance herewith and all Revolving Loans made in immediately available funds equal to the amount of the Loan to Alternative Currencies shall be made by such BankEurocurrency Loans.

Appears in 4 contracts

Samples: Credit Agreement (Match Group, Inc.), Credit Agreement (Match Group, Inc.), Credit Agreement (Iac/Interactivecorp)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.M., New York City time, (a) three (3Each Borrowing under Section 2.1(a) Business Days prior to and each subsequent Borrowing occurring on a date other than an Advance Date specified on Schedule III shall be made after irrevocable notice, given not later than 11:00 a.m. on the requested Borrowing Date, if all or any part of the requested Loans are to be initially Eurodollar Loans or (b) one (1) third Business Day prior to the requested date of any Borrowing Dateby the Borrower to the Administrative Agent. Such irrevocable notice of Borrowing (“Notice of Borrowing”) shall be by telephone, otherwise)confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B hereto, specifying therein (i) the amount to be borrowedrequested date of such Borrowing, (ii) the requested aggregate amount of such Borrowing Date(which shall be in the amount of either (A) the aggregate Available Commitments or, if less, (B) U.S.$10,000,000 or any whole multiple of U.S.$1,000,000 in excess thereof), (iii) whether the borrowing is to be use of Eurodollar Loans, Fed Rate Loans or a combination thereof proceeds in connection with such Borrowing and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of Interest Period for such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available CommitmentsBorrowing. Upon receipt of any such noticeNotice of Borrowing, the Administrative Agent shall promptly notify the Applicable Lenders thereof by facsimile. Not later than 11:00 a.m. on the date of such Borrowing, each Bank thereof. Each Bank will Applicable Lender shall make available to the Company Administrative Agent at its office specified in Schedule 8.2 its applicable portion of such Borrowing (determined ratably in accordance with the office respective Available Commitments of the Applicable Lenders) in immediately available funds. Promptly upon the Administrative Agent’s receipt of such funds and the fulfillment or written waiver of the applicable conditions set forth in Article 4, the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately will make such funds available funds equal directly to the amount of the Loan to be made by such BankBorrower.

Appears in 2 contracts

Samples: Credit Agreement (Digicel Group LTD), Credit Agreement

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent Agent, (a) prior to 3:00 1:00 P.M., New York City time, (a) time 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) one (1) Business Day prior to 11:00 A.M., New York City time on or prior to the requested Borrowing Date, otherwiseif all of the requested Loans are to be initially Base Rate Loans), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank will make available to the Company at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Lazard LTD), Credit Agreement (Lazard Group LLC)

Procedure for Borrowing. (a) The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the Administrative Agent irrevocable notice notice, substantially in the form of Exhibit B, (which notice must be received by the Administrative Agent prior to 3:00 P.M.12:00 noon, New York City time, (ai) three one Business Day prior to the anticipated Closing Date, in the case of ABR Loans, and (3ii) two Business Days prior to the requested Borrowing Closing Date, if all or any part in the case of Eurodollar Loans) requesting that the requested Term Lenders make the Term Loans are to be initially Eurodollar Loans or (b) one (1) Business Day prior to on the requested Borrowing Date, otherwise), Closing Date and specifying (ia) the amount to be borrowed, borrowed and (iib) instructions for remittance of the requested Borrowing Date, (iii) whether the borrowing is Term Loans to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitmentsborrowed. Upon receipt of any such notice, notice the Administrative Agent shall promptly notify each Bank Term Lender thereof. Each Bank will Not later than 12:00 Noon, New York City time, on the Closing Date each such Term Lender shall make available to the Company Administrative Agent at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, Funding Office an amount in immediately available funds equal to the amount of the Term Loan to be made by such BankLender. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting such account as is designated in writing to the Administrative Agent by the Borrower, with the aggregate of the amounts made available to the Administrative Agent by the Term Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Pledge and Security Agreement, Pledge and Security Agreement (TMS International Corp.)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 1:00 P.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) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank will make available to the Company at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Lazard Group LLC), Credit Agreement (Lazard LTD)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.M., New York City time, (a) three (3The initial Borrowing under Section 2.1(a) Business Days prior to and each subsequent Borrowing occurring on a date other than an Advance Date specified on Schedule III shall be made after irrevocable notice, given not later than 11:00 a.m. on the requested Borrowing Date, if all or any part of the requested Loans are to be initially Eurodollar Loans or (b) one (1) third Business Day prior to the requested date of any Borrowing Dateby the Borrower to the Administrative Agent. Such irrevocable notice of Borrowing (“Notice of Borrowing”) shall be by telephone, otherwise)confirmed immediately in writing, or facsimile, in substantially the form of Exhibit B hereto, specifying therein (i) the amount to be borrowedrequested date of such Borrowing, (ii) the requested aggregate amount of such Borrowing Date(which shall be in the amount of either (A) the aggregate Available Commitments or, if less, (B) U.S.$10,000,000 or any whole multiple of U.S.$1,000,000 in excess thereof), (iii) whether the borrowing is to be use of Eurodollar Loans, Fed Rate Loans or a combination thereof proceeds in connection with such Borrowing and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of Interest Period for such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available CommitmentsBorrowing. Upon receipt of any such noticeNotice of Borrowing, the Administrative Agent shall promptly notify the Applicable Lenders thereof by facsimile. Not later than 11:00 a.m. on the date of such Borrowing, each Bank thereof. Each Bank will Applicable Lender shall make available to the Company Administrative Agent at its office specified in Schedule 8.2 its applicable portion of such Borrowing (determined ratably in accordance with the office respective Available Commitments of the Applicable Lenders) in immediately available funds. Promptly upon the Administrative Agent’s receipt of such funds and the fulfillment or written waiver of the applicable conditions set forth in Article 4, the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately will make such funds available funds equal directly to the amount of the Loan to be made by such BankBorrower.

Appears in 2 contracts

Samples: Credit Agreement (Digicel Group LTD), Credit Agreement (Digicel Group LTD)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the Administrative Agent irrevocable notice (notice, which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 3:00 P.M.(a) 11:00 A.M., New York City time, (a) three (3) two Business Days prior to the requested Borrowing anticipated Closing Date, if all or any part in the case of the requested Loans are to be initially Eurodollar Loans Loans, or (b) one (1) Business Day prior to 11:00 A.M. New York City time, on the requested Borrowing Closing Date, otherwise)in the case of ABR Loans, specifying requesting that the Lenders make the Loans on the Closing Date. Such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Closing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Rate Loans ABR Loans, or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length respective lengths of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, therefor and (iiv) the Available Commitmentsaccount into which such borrowing is to be deposited. Upon receipt of any such noticenotice from the Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank will Not later than 1:00 P.M., New York City time, on the Closing Date each Lender shall make the amount of its pro rata share of each borrowing available to the Company Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount 9.2 in immediately available funds equal to the amount of the Loan or Loans to be made by such BankLender. The Administrative Agent shall send by wire transfer of immediate available funds the aggregate of the amounts made available to the Administrative Agent by the Lenders to the account designated by the Borrower in such notice to the Administrative Agent.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (SOUTHERN CALIFORNIA EDISON Co), Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 1:00 P.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) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank will make available to the Company at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by such Bank.

Appears in 2 contracts

Samples: Credit Agreement (Lazard LTD), Credit Agreement (Lazard Group LLC)

Procedure for Borrowing. (a) Term Loans may only be borrowed in a single drawing on the Closing Date. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable written notice (which notice must be received by the Administrative Agent prior to 3:00 P.M.12:00 noon, New York City time, (ai) three (3) Business Days prior to the requested Borrowing Date, Closing Date if all or any part of the requested Term Loans are to be initially Eurodollar Loans or and (bii) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether Closing Date if the borrowing is to be solely of Alternate Base Rate Loans) and specifying (A) the amount of the borrowing, (B) whether such Term Loans are initially to be Eurodollar Loans, Fed Loans or Alternate Base Rate Loans or a combination thereof and (ivC) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available CommitmentsPeriod for such Eurodollar Loans. Upon receipt of any such notice, notice the Administrative Agent shall promptly notify each Bank thereofLender. Each Bank will Not later than 12:00 noon, New York City time, on the Closing Date, each Lender shall make available to the Company Administrative Agent at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon subsection 12.2 (New York City timeor at such other location as the Administrative Agent may direct) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Term Loan to be made by such BankLender. Term Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by wire transfer, intra bank transfer or bank credit to the account of the Company specified in such notice, with the aggregate amount actually received by the Administrative Agent from the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Collateral Agreement (Werner Holding Co Inc /Pa/)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent Agent, (a) prior to 3:00 1:00 P.M., New York City time, (a) time three (3) U.S. Government Securities Business Days prior to the requested Borrowing Date, if all or any part of the requested Loans are to be initially Eurodollar Term SOFR Loans or (b) one (1) Business Day prior to 11:00 A.M., New York City [[DMS:6095583v3:05/23/2023--01:55 PM]] time on or prior to the requested Borrowing Date, otherwiseif all of the requested Loans are to be initially Base Rate Loans), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Term SOFR Loans, Fed Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Term SOFR Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank will make available to the Company at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by such Bank.

Appears in 1 contract

Samples: Credit Agreement (Lazard Group LLC)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the ------------------------- Administrative Agent irrevocable written notice substantially in the form attached hereto as Exhibit A-4 (which notice must be received by the Administrative Agent prior to 3:00 P.M.10:00 a.m., New York City time, ) (a) three (3) Business Days prior to the requested Borrowing Closing Date or the Supplemental Closing Date, as applicable, if all or any part of the requested Term Loans to be made on such date are to be initially Eurodollar Loans or (b) one (1) Business Day prior to the requested Borrowing Closing Date or the Supplemental Closing Date, otherwise)as applicable, otherwise requesting that the Lenders make Initial Term Loans on the Closing Date or Supplemental Term Loans on the Supplemental Closing Date, as applicable, and specifying (i) the Closing Date or the Supplemental Closing Date, as applicable, (ii) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is Term Loans to be of made on such date are to be initially Eurodollar Loans, Fed Base Rate Loans or a combination thereof and (iv) if the borrowing is Term Loans to be made on such date are to be entirely or partly of Eurodollar Loans, the amount respective amounts of each such Type of Loan and the length respective lengths of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, notice the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank will Not later than 11:00 a.m. on the Closing Date or the Supplemental Closing Date, as applicable, each Lender shall make available to the Company Administrative Agent at its office specified in Section 13.2 the amount of such Lender's pro rata share of such borrowing in immediately available funds. The Administrative Agent shall on such date credit the account of the Borrower on the books of such office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on with the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately aggregate of the amounts made available funds equal to the amount of Administrative Agent by the Loan to be made Lenders and in like funds as received by such Bankthe Administrative Agent."

Appears in 1 contract

Samples: Unidigital Inc

Procedure for Borrowing. The Company may borrow Loans under Each borrowing of a Loan shall be made upon the Commitments during the Commitment Period on any Business Day, provided that the Company shall give applicable Borrower’s irrevocable notice to the Administrative Agent irrevocable which may be given by (A) telephone, or (B) a Loan Notice; provided that any telephonic notice (which notice must be confirmed immediately by delivery to the Administrative Agent of a Loan Notice. Each such Loan Notice must be received by the Administrative Agent prior to 3:00 P.M.11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, if all or any part in the case of the requested Loans are to be initially Eurodollar Loans Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, otherwise)in the case of ABR Loans, specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly case of Eurodollar Loans, the amount respective amounts of each such Type of Loan and the length respective lengths of the initial Interest Periods Period therefor. Each borrowing of Loans pursuant to under the Commitments shall be in an aggregate principal amount equal to (x) in the lesser case of ABR Loans, $1,000,000 or a whole multiple thereof in excess thereof and (iy) in the case of Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof, and (ii) the Available Commitments. Upon receipt of any such noticeLoan Notice from a Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank Lender will make the amount of its pro rata share of each borrowing available to the Company Administrative Agent for the account of the applicable Borrower at the office of the Administrative Agent specified in Section 12.2, Funding Office prior to 12:00 noon (Noon, New York City time) , on the Borrowing Date requested Borrowing Date, or as soon as practicable thereafter, an amount by such Borrower in funds immediately available funds equal to the amount Administrative Agent. Such borrowing will then be made available to the applicable Borrower by the Administrative Agent crediting the account of the Loan applicable Borrower on the books of such office with the aggregate of the amounts made available to be made the Administrative Agent by such Bankthe Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Term Loan Credit Agreement (SunCoke Energy Partners, L.P.)

Procedure for Borrowing. The Company Borrowers may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrowers shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.M.12:00 Noon, New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, if all or any part in the case of the requested Loans are to be initially Eurodollar Loans Loans, or (b) one (1) Business Day prior to the requested Borrowing Date, otherwisein the case of Base Rate Loans), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly case of Eurodollar Loans, the amount respective amounts of each such Type of Loan and the length respective lengths of the initial Interest Periods Period therefor. Each borrowing of Loans pursuant to under the Commitments shall be in an aggregate principal amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Commitments are less than $1,000,000, such lesser amount) and (y) in the case of (i) Eurodollar Loans, $5,000,000 or a whole multiple of $1,000,000 in excess thereof, and (ii) the Available Commitments. Upon receipt of any such noticenotice from the Borrowers, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank Lender will make the amount of its pro rata share of each borrowing available to the Company Administrative Agent for the account of the Borrowers at the office of the Administrative Agent specified in Section 12.2, Funding Office prior to 12:00 noon (Noon, New York City time) , on the Borrowing Date requested Borrowing Date, or as soon as practicable thereafter, an amount by the Borrowers in funds immediately available funds equal to the amount of the Loan to Administrative Agent. Such borrowing will then be made available to the Borrowers by such Bankthe Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (K&f Industries Inc)

Procedure for Borrowing. The Company Each Borrower may borrow request the Lenders to make Loans under the Commitments to such Borrower, in each case on any Business Day during the Commitment Period on any Business DayPeriod, provided that the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior delivering a Notice of Borrowing with respect to 3:00 P.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) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar such Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to (a) in the lesser case of (i) ABR Loans, $5,000,000 1,000,000 or a whole multiple thereofthereof (or, if the then aggregate undrawn amount of the Commitments is less than $1,000,000, such lesser amount) and (b) in the case of LIBOR Loans, EURIBOR Loans or CDOR Loans, (i) if in US Dollars, $2,000,000 or increments of $500,000 thereafter and (ii) if in any Available Foreign Currency, an amount in such Available Foreign Currency of which the Available CommitmentsUS Dollar Equivalent Amount is at least $2,000,000. A Notice of Borrowing may state that such notice is conditioned upon the occurrence of any event, in which case such notice may be revoked by the Borrowers (by notice to the Administrative Agent on or prior to the specified effective date) if such condition is not satisfied. Upon receipt of any such noticeNotice of Borrowing from a Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank Subject to the terms and conditions hereof, each Lender will make the amount of its pro rata share of each such borrowing available to the Company Administrative Agent for the account of the applicable Borrower requesting such Loan at the office Funding Office, and at or prior to the Funding Time for the Currency of such Loan, in funds immediately available to the Administrative Agent; provided that each Lender has the option of making any portion of each such borrowing available to the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, through a branch or as soon as practicable thereafter, an amount in immediately affiliate of such Lender. Such borrowing will then be made available funds equal to the amount of applicable Borrower requesting such Loan at the Loan to be made Funding Office, in like funds as received by such Bankthe Administrative Agent.

Appears in 1 contract

Samples: Multi Currency Credit Agreement (Harman International Industries Inc /De/)

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Procedure for Borrowing. The Company may borrow Loans under As a condition precedent to borrowing hereunder, the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the Administrative Agent an irrevocable notice substantially in the form of Exhibit B-1 on or prior to the Funding Date (which notice must be received by the Administrative Agent prior to 3:00 P.M.10:00 a.m., New York City time, (a) three (3) Business Days prior to time on the requested Borrowing Funding Date, if all or any part of the requested Loans are to be initially Eurodollar Loans or (b) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i1) that a Loan is requested, (2) the aggregate amount to be borrowed, (ii3) the requested Borrowing Funding Date, (iii4) whether the borrowing is to be of Eurodollar Loans, Fed Alternate Base Rate Loans or a combination thereof and thereof, (iv5) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount amounts of such Type of Loan Eurodollar Loans and the length lengths of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, therefor and (ii6) the Available Commitmentsnumber and the location of the account to which the proceeds are to be disbursed (consistent with the provisions of hereof). Upon receipt of any such noticenotice from the Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank Lender will make the amount of its pro rata share of each borrowing available to the Company Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 12.2, 9.2 prior to 12:00 noon (11:00 a.m., New York City time) , on the date requested Borrowing Date, or as soon as practicable thereafter, an amount by the Borrower in funds immediately available funds equal to the amount Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in the manner specified by the Borrower in such Notice of Borrowing in the aggregate of the Loan amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent. If the Borrower fails to indicate the initial Interest Periods in such notice, the Interest Period shall be made by such Bankone month.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the Administrative Agent irrevocable notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 3:00 P.M., New York City time, (a) three (3) 11:00 A.M., Eastern time, two U.S. Government Securities Business Days prior to the requested Borrowing Closing Date, if all or any part in the case of the requested SOFR Loans are to be initially Eurodollar Loans or and (b) 11:00 A.M., Eastern time, one (1) Business Day prior to the requested Borrowing Closing Date, otherwise), specifying in the case of ABR Loans) requesting that the Lenders make the Loans on the Closing Date. Such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Closing Date, (iii) whether the borrowing is to be of Eurodollar SOFR Loans, Fed Rate ABR Loans or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly of Eurodollar SOFR Loans, the amount of such Type of Loan and the length respective lengths of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, therefor and (iiv) the Available Commitmentsaccount into which such borrowing is to be deposited. Upon receipt of any such noticenotice from the Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank will Not later than 1:00 P.M., Eastern time, on the Closing Date each Lender shall make the amount of its pro rata share of each borrowing available to the Company Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount 9.2 in immediately available funds equal to the amount of the Loan or Loans to be made by such BankLender. The Administrative Agent shall send by wire transfer of immediate available funds the aggregate of the amounts made available to the Administrative Agent by the Lenders to the account designated by the Borrower in such notice to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)

Procedure for Borrowing. (a) The Company may borrow Loans under the Revolving Credit Commitments during on any Working Day, if the Commitment Period borrowing is of Eurodollar Loans, or on any Business Day, if the borrowing is of ABR Loans, provided that that, with respect to any borrowings, the Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.M.12:00 noon, New York City time, (ai) three (3) Business Working Days prior to the requested Borrowing Date, Date if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans or and (bii) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether Date if the borrowing is to be solely of ABR Loans) and specifying (A) the amount of the borrowing, (B) whether such Revolving Credit Loans are initially to be Eurodollar Loans, Fed Rate Loans or ABR Loans or a combination thereof and (ivC) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available CommitmentsPeriod for such Eurodollar Loans. Upon receipt of any such notice, notice the Administrative Agent shall promptly notify each Bank. Not later than 12:00 noon, New York City time, on the Borrowing Date specified in such notice, each Bank thereof. Each Bank will shall make available to the Company Administrative Agent at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon subsection 10.2 (New York City timeor at such other location as the Administrative Agent may direct) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan Revolving Credit Loan(s) to be made by such Bank. Revolving Credit Loan proceeds received by the Administrative Agent hereunder shall promptly be made available to the Company by the Administrative Agent's crediting the account of the Company, at the office of the Administrative Agent specified in subsection 10.2, with the aggregate amount actually received by the Administrative Agent from the Banks and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Saks Holdings Inc)

Procedure for Borrowing. The Company Borrower may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the Administrative Agent each Lender irrevocable telephonic notice (which notice must be received by the Administrative Agent each Lender prior to 3:00 P.M.12:00 P.M. Noon, New York City timetime and must be promptly confirmed in writing), (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) one (1) on such Business Day prior to the requested Borrowing DateDay, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Rate ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of each such Type of Eurodollar Loan and the length respective lengths of the initial Interest Periods therefor. Each borrowing of Loans pursuant to from each Lender under the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 500,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank Lender will make the amount of its pro rata share of each borrowing available to the Company at Borrower by crediting the office account of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on Borrower maintained by the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by Borrower with such BankLender.

Appears in 1 contract

Samples: Subsidiaries Security Agreement (Standard Microsystems Corp)

Procedure for Borrowing. The Company Borrower may borrow Loans under the Commitments during the Commitment Period on any Business DayDay in an aggregate principal amount not exceeding the aggregate Available Commitments then in effect, provided that the Company Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.M.10:00 a.m., New York City Dallas, Texas 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) one (1) Business Day prior to the requested Borrowing Date, otherwise), ) requesting that the Lenders make the Loans on such requested Borrowing Date and specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Loans or Base Rate Loans or a combination thereof and thereof, (iv) if the borrowing is Loans are to be entirely or partly of Eurodollar Loans, the amount amounts of such Type of Loan and the length lengths of the initial Interest Periods therefor, and (v) the certificate required pursuant to Section 4.2(c). Each borrowing of Loans pursuant to under the Commitments shall be in an aggregate principal amount equal to at least $1,000,000, provided that the lesser of (i) initial borrowing under the Commitments shall be in an amount not less than $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments55,000,000. Upon receipt of any such notice, notice the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank Lender will make the amount of its pro rata share of each borrowing available to the Company Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 12.2, 9.2 prior to 12:00 noon (New York City 11:00 a.m., Dallas, Texas time) , on the Borrowing Date requested Borrowing Date, or as soon as practicable thereafter, an amount by the Borrower in funds immediately available funds equal to the amount Agent. Such borrowing will then be made available to the Borrower by the Agent by wire transfer to an account designated by the Borrower in writing with the aggregate of the Loan amounts made available to be made the Agent by such Bankthe Lenders and in like funds as received by the Agent.

Appears in 1 contract

Samples: Credit Agreement (Rockefeller Center Properties Inc)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company shall give the Administrative Agent Banks irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.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) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such notice, the Administrative Agent shall promptly notify each Bank thereof. Each Bank will make available to the Company at the office of the Administrative Agent specified in Section subsection 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan to be made by such Bank.

Appears in 1 contract

Samples: Senior Revolving Credit Agreement (Lazard LTD)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give deliver to the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 3:00 P.M.a Borrowing Request, not later than 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) one (1) Business Day prior to before the requested anticipated Closing Date requesting that the Lenders make the Closing Date Loans on the Closing Date. The Borrowing Date, otherwise), specifying Request must specify (i) the principal amount of the Closing Date Loans to be borrowed, (ii) the requested date of the Borrowing Date(which shall be a Business Day), (iii) whether the borrowing is Type of Closing Date Loans to be of Eurodollar Loansborrowed, Fed Rate Loans or a combination thereof and (iv) if in the borrowing is to be entirely or partly case of a Eurodollar LoansBorrowing, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Loans pursuant Period to the Commitments be applicable thereto, which shall be in an aggregate principal amount equal to a period contemplated by the lesser definition of (i) $5,000,000 or a whole multiple thereof, the term “Interest Period” and (iiv) the Available Commitmentslocation and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.8. Upon receipt of any such notice, Borrowing Request the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank will Not later than 10:00 a.m., New York City time (or, if later, promptly following the satisfaction of the conditions precedent to the initial extension of credit hereunder set forth in Section 4.1), on the Closing Date each Lender shall make available to the Company at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount in immediately available funds equal to the amount of the Loan Closing Date Loans to be made by such BankLender. The Administrative Agent shall make available to the Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Intercreditor Agreement (Continental Building Products, Inc.)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give deliver to the Administrative Agent irrevocable notice a fully executed Funding Notice (which notice shall be irrevocable and must be received by the Administrative Agent prior to 3:00 P.M.11:00 A.M., New York City time, (a) three (3) Business Days prior to the requested Borrowing Date, if all or any part in the case of the requested Loans are to be initially Eurodollar Loans (or such shorter period as may be acceptable to the Administrative Agent), or (b) one (1) Business Day prior to the requested Borrowing Date, otherwisein the case of ABR Loans), specifying (i) the amount and Type of Loans to be borrowed, (ii) the requested Borrowing Date, Date and (iii) whether in the borrowing is to be of Eurodollar Loans, Fed Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly case of Eurodollar Loans, the amount respective amounts of each such Type of Loan and the length respective lengths of the initial Interest Periods Period therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, and (ii) the Available Commitments. Upon receipt of any such noticenotice from Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank Lender will make the amount of its pro rata share available to the Company Administrative Agent for the account of Borrower at the office of the Administrative Agent specified in Section 12.2, Funding Office prior to 12:00 noon (1:00 P.M., New York City time) , on the requested Borrowing Date, or as soon as practicable thereafter, an amount Closing Date in funds immediately available funds equal to the amount Administrative Agent. Upon satisfaction or waiver of the Loan to conditions precedent specified herein, such borrowing will then be made available to Borrower by the Administrative Agent crediting the account of Borrower on the books of such Bankoffice 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.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

Procedure for Borrowing. The Company may borrow Loans under the Commitments during the Commitment Period on any Business Day, provided that the Company Borrower shall give the Administrative Agent irrevocable notice (which notice must be executed by a Responsible Officer of the Borrower and received by the Administrative Agent prior to 3:00 P.M., New York City time, (a) three (3) 11:00 A.M., Eastern time, two U.S. Government Securities Business Days prior to the requested Borrowing Closing Date, if all or any part in the case of the requested SOFR Loans are to be initially Eurodollar Loans or and (b) one (1) Business Day prior to 11:00 A.M., Eastern time, on the requested Borrowing Closing Date, otherwise), specifying in the case of ABR Loans) requesting 18 ‌ ‌ ​ ​ that the Lenders make the Loans on the Closing Date. Such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Closing Date, (iii) whether the borrowing is to be of Eurodollar SOFR Loans, Fed Rate ABR Loans or a combination thereof and thereof, (iv) if the borrowing is to be entirely or partly of Eurodollar SOFR Loans, the amount of such Type of Loan and the length respective lengths of the initial Interest Periods therefor. Each borrowing of Loans pursuant to the Commitments shall be in an aggregate principal amount equal to the lesser of (i) $5,000,000 or a whole multiple thereof, therefor and (iiv) the Available Commitmentsaccount into which such borrowing is to be deposited. Upon receipt of any such noticenotice from the Borrower, the Administrative Agent shall promptly notify each Bank Lender thereof. Each Bank will Not later than 1:00 P.M., Eastern time, on the Closing Date each Lender shall make the amount of its pro rata share of each borrowing available to the Company Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in Section 12.2, prior to 12:00 noon (New York City time) on the requested Borrowing Date, or as soon as practicable thereafter, an amount 9.2 in immediately available funds equal to the amount of the Loan or Loans to be made by such BankLender. The Administrative Agent shall send by wire transfer of immediate available funds the aggregate of the amounts made available to the Administrative Agent by the Lenders to the account designated by the Borrower in such notice to the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (SOUTHERN CALIFORNIA EDISON Co)

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