Procedure for Borrowings. (a) Each Borrowing of Revolving Loans shall be made upon irrevocable telephonic notice by the Company followed immediately by written notice in the form of a Request for Extension of Credit (which telephonic notice must be received by the Administrative Agent (i) prior to 8:30 a.m. (Dallas time) three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) prior to 8:30 a.m. (Dallas time) on the requested Borrowing Date, in the case of Base Rate Loans), specifying: (i) the amount of the Borrowing, which shall be in an aggregate minimum principal amount of $5,000,000 and any multiple of $1,000,000 in excess thereof; (ii) the requested Borrowing Date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised of Offshore Rate Loans or Base Rate Loans; and (iv) the duration of the Interest Period applicable to Offshore Rate Loans included in such notice. If the Request for Extension of Credit shall fail to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month (but not beyond the Maturity Date). (b) Promptly after receipt of a Request for Extension of Credit, the Administrative Agent shall notify each Lender of the proposed Borrowing. Each Lender shall make available to the Administrative Agent its Pro Rata Share of the amount (if any) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, in same day funds, by remitting such funds to: Bank of America, N.A., ABA No.
Appears in 1 contract
Procedure for Borrowings. (a) Each Borrowing of Revolving Loans shall be made upon irrevocable telephonic notice by the Company followed immediately by written notice in the form of a Request for Extension of Credit (which telephonic notice must be received by the Administrative Agent (i) prior to 8:30 a.m. (Dallas time) three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) prior to 8:30 a.m. (Dallas time) on the requested Borrowing Date, in the case of Base Rate Loans), specifying: (i) the amount of the Borrowing, which shall be in an aggregate minimum principal amount of $5,000,000 and any multiple of $1,000,000 in excess thereof; (ii) the requested Borrowing Date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised of Offshore Rate Loans or Base Rate Loans; and (iv) the duration of the Interest Period applicable to Offshore Rate Loans included in such notice. If the Request for Extension of Credit shall fail to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month (but not beyond the Maturity Date).
(b) Promptly after receipt of a Request for Extension of Credit, the Administrative Agent shall notify each Lender Bank of the proposed Borrowing. Each Lender Bank shall make available to the Administrative Agent its Pro Rata Share of the amount (if any) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, in same day funds, by remitting such funds to: Bank of America, N.A., ABA No.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
Procedure for Borrowings. (a) Each Borrowing of Revolving Loans shall be made upon irrevocable telephonic notice by the Company followed immediately by written notice in the form of a Request for Extension of Credit (which telephonic notice must be received by the Administrative Agent (i) prior to 8:30 a.m. (Dallas San Francisco time) three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) prior to 8:30 a.m. (Dallas San Francisco time) on the requested Borrowing Date, in the case of Base Rate Loans), specifying: (i) the amount of the Borrowing, which shall be in an aggregate minimum principal amount of $5,000,000 and any multiple of $1,000,000 in excess thereof; (ii) the requested Borrowing Date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised of Offshore Rate Loans or Base Rate Loans; and (iv) the duration of the Interest Period applicable to Offshore Rate Loans included in such notice. If the Request for Extension of Credit shall fail to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month (but not beyond the Maturity Date).
(b) Promptly after receipt of a Request for Extension of Credit, the Administrative Agent shall notify each Lender Bank of the proposed Borrowing. Each Lender Bank shall make available to the Administrative Agent its Pro Rata Share of the amount (if any) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, in same day funds, by remitting such funds to: to the office designated by the Administrative Agent, no later than 11:00 a.m. (San Francisco time) on the Borrowing Date. Upon satisfaction of the conditions set forth in Section 4.2, ----------- the Administrative Agent shall make available to the Company on such Borrowing Date the aggregate of the amounts (if any) so made available by the Banks by causing an amount of same day funds equal to such aggregate amount (if any) received by the Administrative Agent to be credited to the account of the Company at such office of the Administrative Agent.
(c) Section 2.5(a) notwithstanding, if the Company shall not have given a -------------- timely Request for Extension of Credit to be made on the last day of any Interest Period for outstanding Loans, then unless the Administrative Agent shall have received notice that the Company elects not to make a Borrowing on such day the Administrative Agent shall be deemed to have received a Request for Extension of Credit from the Company requesting Base Rate Loans to be made on such day in an amount equal to the amount of such outstanding Loans.
(d) The failure of any Bank to make any Loan on any date shall not relieve any other Bank of Americaany obligation to make a Loan on such date, N.A., ABA Nobut no Bank shall be responsible for the failure of any other Bank to so make its Loan.
Appears in 1 contract
Samples: Credit Agreement (Oneok Inc /New/)
Procedure for Borrowings. (a) Each Borrowing of Revolving Loans shall be made upon irrevocable telephonic notice by the Company followed immediately by written notice in the form of a Request for Extension of Credit (which telephonic notice must be received by the Administrative Agent (i) prior to 8:30 a.m. (Dallas San Francisco time) three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) prior to 8:30 a.m. (Dallas San Francisco time) on the requested Borrowing Date, in the case of Base Rate Loans), specifying: (i) the amount of the Borrowing, which shall be in an aggregate minimum principal amount of $5,000,000 and any multiple of $1,000,000 in excess thereof; (ii) the requested Borrowing Date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised of Offshore Rate Loans or Base Rate Loans; and (iv) the duration of the Interest Period applicable to Offshore Rate Loans included in such notice. If the Request for Extension of Credit shall fail to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month (but not beyond the Maturity Date).
(b) Promptly after receipt of a Request for Extension of Credit, the Administrative Agent shall notify each Lender Bank of the proposed Borrowing. Each Lender Bank shall make available to the Administrative Agent its Pro Rata Share of the amount (if any) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, in same day funds, by remitting such funds to: Bank of America, N.A.America National Trust and Savings Association, ABA No. 121-000-000, Xxtn: Agency Administrative Services No. 5596 For credit to: BANCONTROL Account No. 12331-15429, Reference: ONEOK, Inc. at the office of the Administrative Agent located at 1850 Xxxxxxx Xxxxxxxxx, Xxxxxxx, Xxxxxxxxxx 00000, xx later than 11:00 a.m. (San Francisco time) on the Borrowing Date. Upon satisfaction of the conditions set forth in Section 4.2, the Administrative Agent shall make available to the Company on such Borrowing Date the aggregate of the amounts (if any) so made available by the Banks by causing an amount of same day funds equal to such aggregate amount (if any) received by the Administrative Agent to be credited to the account of the Company at such office of the Administrative Agent.
(c) Section 2.5(a) notwithstanding, if the Company shall not have given a timely Request for Extension of Credit to be made on the last day of any Interest Period for outstanding Loans, then unless the Administrative Agent shall have received notice that the Company elects not to make a Borrowing on such day the Administrative Agent shall be deemed to have received a Request for Extension of Credit from the Company requesting Base Rate Loans to be made on such day in an amount equal to the amount of such outstanding Loans.
(d) The failure of any Bank to make any Loan on any date shall not relieve any other Bank of any obligation to make a Loan on such date, but no Bank shall be responsible for the failure of any other Bank to so make its Loan.
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Procedure for Borrowings. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable telephonic notice by the Company followed immediately by written notice delivered to the Administrative Agent in accordance with Section 10.02 in the form of a Request for Extension Notice of Credit (Borrowing, which telephonic notice must be received by the Administrative Agent prior to 9:00 a.m. (San Francisco time) (i) prior to 8:30 a.m. (Dallas time) three Business Days prior to the requested Borrowing Datedate, in the case of Offshore LIBOR Rate Loans; , and (ii) prior to 8:30 a.m. (Dallas time) on the requested Borrowing Datedate, in the case of Base Rate Loans), specifyingspecifying in each case: (iA) the amount of the Borrowing, which shall be in an aggregate minimum principal amount of $5,000,000 10,000,000 and any multiple of $1,000,000 in excess thereofthereof for each Type of Loan; (iiB) the requested Borrowing Datedate, which shall be a Business Day; (iiiC) whether the Borrowing is to be comprised consist of Offshore LIBOR Rate Loans or Base Rate Loans; and (ivD) the duration of the Interest Period applicable to Offshore LIBOR Rate Loans included in such notice. If the Request for Extension Notice of Credit Borrowing shall fail to specify the duration of the Interest Period for any Borrowing comprised of Offshore comprising LIBOR Rate Loans, such Interest Period shall be one month (but not beyond the Maturity Date)month.
(b) Promptly after Upon receipt of a Request for Extension Notice of CreditBorrowing, the Administrative Agent shall will promptly notify each Lender Bank thereof and of the proposed amount of such Bank's Pro Rata Share of the Borrowing. .
(c) Each Lender shall Bank will make available to the Administrative Agent amount of its Pro Rata Share of the amount (if any) by which Borrowing available to the principal amount Administrative Agent for the account of the proposed Borrowing exceeds Company at the principal amount of the Loans Agent's Payment Office by 11:00 a.m. (if anySan Francisco time) maturing on the Borrowing Datedate requested by the Company in funds immediately available to the Administrative Agent. Any such amount which is received by the Administrative Agent later than 11:00 a.m. (San Francisco time) shall be deemed to have been received on the immediately succeeding Business Day. The proceeds of all such Loans will
(d) Unless the Majority Banks shall otherwise agree, in same day fundsduring the existence of a Default or Event of Default, by remitting such funds to: Bank of Americathe Company may not elect to have a Loan be made as, N.A.or converted into or continued as, ABA Noa LIBOR Rate Loan.
Appears in 1 contract
Samples: Subordinated Term Loan Agreement (Wellpoint Health Networks Inc /Ca/)
Procedure for Borrowings. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable telephonic notice by the Company followed immediately by written notice delivered to the Administrative Agent in the form of a Request for Extension Notice of Credit (Borrowing duly completed; which telephonic notice must be received by the Administrative Agent prior to 10:00 a.m. (San Francisco, California time) (i) prior to 8:30 a.m. three (Dallas time3) three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate LIBOR Loans; and (ii) one (1) Business Day prior to 8:30 a.m. (Dallas time) on the requested Borrowing Date, in the case of Base Rate Loans), specifying: .
(b) Each Notice of Borrowing shall specify (i) the amount of the Borrowing, which shall be in an aggregate minimum principal amount (A) for Base Rate Loans equal to the lesser of (y) $500,000 or any multiple integrals of $5,000,000 100,000 in excess thereof or (z) the unadvanced portion of the Available Borrowing Base and (B) for LIBOR Loans $3,000,000 or any multiple integrals of $1,000,000 in excess thereofthereof (if the Available Borrowing Base as of such Borrowing Date will be less than $3,000,000, then the Company may not request a LIBOR Loan); (ii) the requested Borrowing Date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised Interest Rate Type of Offshore Rate Loans or Base Rate Loanscomprising the Borrowing; and (iv) for LIBOR Loans the duration of the Interest Period applicable to Offshore Rate Loans included in such noticeLoans. If the Request for Extension Notice of Credit shall fail Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate LIBOR Loans, such Interest Period shall be one month (but not beyond the Maturity Date)three months.
(bc) Promptly after receipt The number of tranches outstanding of Base Rate Loans and LIBOR Loans, whether under a Request for Extension of CreditBorrowing, the conversion or continuation, shall not exceed five (5) at any one time.
(d) The Administrative Agent shall will promptly notify each Lender of its receipt of any Notice of Borrowing and of the proposed amount of such Lender's Pro Rata Share of that Borrowing. Each .
(e) Provided the applicable conditions in Article V are met, each Lender shall will make the amount of its Pro Rata Share of each Borrowing available to the Administrative Agent its Pro Rata Share for the account of the amount Company at the Administrative Agent's Payment Office by 9:00 a.m. (if anySan Francisco, California time) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, Date requested by the Company in same day funds, funds immediately available to the Administrative Agent. The proceeds of all such Loans will then be made available to the Company by remitting such the Administrative Agent to the Company's operating account with the Administrative Agent or by wire transfer in accordance with written instructions provided to the Administrative Agent by the Company of like funds to: Bank of America, N.A., ABA Noas received by the Administrative Agent.
Appears in 1 contract
Procedure for Borrowings. (a) Each Borrowing of request for a Revolving Loans Loan shall be made upon the applicable Borrower's irrevocable telephonic notice by the Company followed immediately by written notice delivered to the Administrative Agent in the form of a Request for Extension Notice of Credit Borrowing (which telephonic notice must be received by the Administrative Agent prior to 11:00 a.m., Chicago time, (i) four Business Days prior to 8:30 a.m. the requested Borrowing Date, in the case of Offshore Currency Loans, (Dallas timeii) three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate U.S. Dollar Loans; , and (ii) prior to 8:30 a.m. (Dallas timeiii) on the requested Borrowing Date, in the case of Base Rate Loans), specifying: :
(iA) the principal amount of the Borrowing, which shall be in an aggregate minimum principal amount of $5,000,000 and any multiple of $1,000,000 in excess thereof; not less than the Minimum Tranche;
(iiB) the requested Borrowing Date, which shall be a Business Day; ;
(iiiC) whether the Type of Loans comprising the Borrowing;
(D) in the case of a Borrowing is to be comprised of Offshore Rate Loans or Base Rate Loans; and (iv) , the duration of the Interest Period applicable to Offshore Rate Loans included therefor; and
(E) in such notice. If the Request for Extension case of Credit shall fail to specify the duration of the Interest Period for any a Borrowing comprised of Offshore Rate Currency Loans, such Interest Period shall be one month (but not beyond the Maturity Date)Applicable Currency.
(b) Promptly after The Dollar Equivalent amount of any Borrowing of Revolving Loans in an Offshore Currency will be determined by the Administrative Agent on each Computation Date therefor in accordance with subsection 2.5(a). Upon receipt of a Request for Extension Notice of CreditBorrowing pursuant to subsection 2.3(a), the Administrative Agent shall will promptly notify each Lender thereof and of the proposed amount of such Lender's Pro Rata Share of the Borrowing. .
(c) Each Lender shall will make its Pro Rata Share of each Borrowing of Revolving Loans available to the Administrative Agent its Pro Rata Share for the account of the amount (if any) by which applicable Borrower at the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing Administrative Agent's Payment Office on the Borrowing Date, Date requested by such Borrower in same day fundsSame Day Funds and in the requested currency (i) in the case of a Borrowing comprised of Loans in U.S. Dollars, by remitting 1:00 p.m. (Chicago time) and (ii) in the case of a Borrowing comprised of Offshore Currency Loans, by such time as the Administrative Agent may specify (but in no event later than such time as may be necessary for such payment to be credited on such date in accordance with normal banking procedures in effect at the place of payment). The proceeds of all such Loans will promptly be made available to the applicable Borrower by the Administrative Agent at such office by crediting the account of the applicable Borrower on the books of BofA with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds to: Bank of Americaas received by the Administrative Agent.
(d) After giving effect to any Borrowing, N.A., ABA Nothere may not be more than eight different Interest Periods in effect for all Revolving Loans.
Appears in 1 contract
Samples: Short Term Credit Agreement (Culligan Water Technologies Inc)