Procedure for Committed Loans. (a) The Company may borrow Committed Loans by delivering a written Committed Loan Request to the Agent on or before 12:00 P.M., New York City time, on the requested Borrowing Date therefor, in the case of ABR Loans, or on the date not less than three Business Days prior to the requested Borrowing Date therefor, in the case of Eurodollar Loans. Committed Loans shall be in the minimum aggregate amount of $1,000,000 or in integral multiples of $100,000 in excess thereof. (b) Upon receipt of any Committed Loan Request from the Company, the Agent shall forthwith give notice to each Bank of the substance thereof. Not later than 2:00 P.M., New York time, on the Borrowing Date specified in such Committed Loan Request, each Bank shall make available to the Agent in immediately available funds at the office of the Agent at its address set forth on the signature pages hereof, such Bank's Pro Rata Share of the requested Committed Loans. (c) Upon receipt by the Agent of all such funds and satisfaction by the Company or waiver by each of the Banks of each of the conditions precedent contained in Section 6.02, the Agent shall disburse to the Company on the requested Borrowing Date the Committed Loans requested in such Committed Loan Request. The Agent may, but shall not be required to, advance on behalf of any Bank such Bank's Pro Rata Share of the Committed Loans on a Borrowing Date unless such Bank shall have notified the Agent prior to such Borrowing Date that it does not intend to make available its Pro Rata Share of such Committed Loans on such date. If the Agent makes such advance, the Agent shall be entitled to recover such amount on demand from the Bank on whose behalf such advance was made, and if such Bank does not pay the Agent the amount of such advance on demand, the Company shall promptly repay such amount to the Agent. Until such amount is repaid to the Agent by such Bank or the Company, such advance shall be deemed for all purposes to be a Loan made by the Agent. The Agent shall be entitled to recover from the Bank or the Company, as the case may be, interest on the amount advanced by it for each day from the Borrowing Date therefor until repaid to the Agent, at a rate per annum equal to (i) the Federal Funds Rate, for the five-day period beginning on the Borrowing Date, and (ii) the applicable rate on the Loans made on the Borrowing Date for the period beginning on the sixth day after the Borrowing Date. (d) In lieu of delivering the written notice described above, the Company may give the Agent telephonic notice of any request for borrowing by the time required under this Section 2.02; provided that such telephonic notice shall be confirmed by delivery of a written notice to the Agent by no later than 4:00 P.M., New York City time, on the date of such telephonic notice.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Health Care Property Investors Inc), Revolving Credit Agreement (Health Care Property Investors Inc)
Procedure for Committed Loans. (a) The Company may borrow Committed Loans by delivering a written Committed Loan Request to the Agent on or before 12:00 P.M., New York City time, on the requested Borrowing Date therefor, in the case of ABR Loans, or on the date not less than three Business Days prior to the requested Borrowing Date therefor, in the case of Eurodollar Loans. Committed Loans shall be in the minimum aggregate amount of $1,000,000 or in integral multiples of $100,000 in excess thereof.
(b) Upon receipt of any Committed Loan Request from the Company, the Agent shall forthwith give notice to each Bank of the substance thereof. Not later than 2:00 P.M., New York City time, on the Borrowing Date specified in such Committed Loan Request, each Bank shall make available to the Agent in immediately available funds at the office of the Agent at its address set forth on the signature pages hereof, such Bank's Pro Rata Share of the requested Committed Loans.
(c) Upon receipt by the Agent of all such funds and satisfaction by the Company or waiver by each of the Banks of each of the conditions precedent contained in Section 6.02, the Agent shall disburse to the Company on the requested Borrowing Date the Committed Loans requested in such Committed Loan Request. The Agent may, but shall not be required to, advance on behalf of any Bank such Bank's Pro Rata Share of the Committed Loans on a Borrowing Date unless such Bank shall have notified the Agent prior to such Borrowing Date that it does not intend to make available its Pro Rata Share of such Committed Loans on such date. If the Agent makes such advance, the Agent shall be entitled to recover such amount on demand from the Bank on whose behalf such advance was made, and if such Bank does not pay the Agent the amount of such advance on demand, the Company shall promptly repay such amount to the Agent. Until such amount is repaid to the Agent by such Bank or the Company, such advance shall be deemed for all purposes to be a Loan made by the Agent. The Agent shall be entitled to recover from the Bank or the Company, as the case may be, interest on the amount advanced by it for each day from the Borrowing Date therefor until repaid to the Agent, at a rate per annum equal to (i) the Federal Funds Rate, for the five-day period beginning on the Borrowing Date, and (ii) the applicable rate on the Loans made on the Borrowing Date for the period beginning on the sixth day after the Borrowing Date.
(d) In lieu of delivering the written notice described above, the Company may give the Agent telephonic notice of any request for borrowing by the time required under this Section 2.02; provided that such telephonic notice shall be confirmed by delivery of a written notice to the Agent by no later than 4:00 P.M., New York City time, on the date of such telephonic notice.
Appears in 1 contract
Samples: Revolving Credit Agreement (Health Care Property Investors Inc)
Procedure for Committed Loans. (a) The Company may borrow Committed Loans by delivering a written Committed Loan Request to the Agent on (i) at or before 12:00 P.M.11:00 a.m., New York City time, on the requested Borrowing Date therefor, in the case of ABR Loans, or (ii) at or before 12:00 noon, New York City time, on the date not less than three Business Days prior to the requested Borrowing Date therefor, in the case of Eurodollar Loans. Committed Loans shall be in the minimum aggregate amount of $1,000,000 or in integral multiples of $100,000 in excess thereof.
(b) Upon receipt of any Committed Loan Request from the Company, the Agent shall forthwith give notice to each Bank of the substance thereof. Not later than 2:00 P.M.p.m., New York City time, on the Borrowing Date specified in such Committed Loan Request, each Bank shall make available to the Agent in immediately available funds at the office of the Agent at its address set forth on the signature pages hereof, such Bank's Pro Rata Share of the requested Committed Loans.
(c) Upon receipt by the Agent of all such funds and satisfaction by the Company or waiver by each of the Banks of each of the conditions precedent contained in Section 6.02funds, the Agent shall disburse to the Company on the requested Borrowing Date the Committed Loans requested in such Committed Loan Request. The Agent may, but shall not be required to, advance on behalf of any Bank such Bank's Pro Rata Share of the Committed Loans on a Borrowing Date unless such Bank shall have notified the Agent prior to such Borrowing Date that it does not intend to make available its Pro Rata Share of such Committed Loans on such date. If the Agent makes such advance, the Agent shall be entitled to recover such amount on demand from the Bank on whose behalf such advance was made, and if such Bank does not pay the Agent the amount of such advance on demand, the Company shall promptly repay such amount to the Agent. Until such amount is repaid to the Agent by such Bank or the Company, such advance shall be deemed for all purposes to be a Loan made by the Agent. The Agent shall be entitled to recover from the Bank or the Company, as the case may be, interest on the amount advanced by it for each day from the Borrowing Date therefor until repaid to the Agent, at a rate per annum equal to (i) in the case of the Bank, (1) the Federal Funds Rate, for the five-day period beginning on the Borrowing Date, and (ii2) the applicable rate on the Loans made on the Borrowing Date Date, for the period beginning on the sixth day after the Borrowing Date, and (ii) in the case of the Company, the applicable rate on the Loans made on the Borrowing Date.
(d) In lieu of delivering the written notice described above, the Company may give the Agent telephonic notice of any request for borrowing by the time required under this Section 2.02SECTION; provided that such telephonic notice shall be confirmed by delivery of a written notice Committed Loan Request to the Agent by no later than 4:00 P.M.3:00 p.m., New York City time, on the date of such telephonic notice.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (Health Care Property Investors Inc)
Procedure for Committed Loans. (a) The Company may borrow Committed Loans by delivering a written Committed Loan Request to the Administrative Agent on (i) at or before 12:00 P.M.11:00 a.m., New York City time, on the requested Borrowing Date therefor, in the case of ABR Loans, or (ii) at or before 12:00 noon, New York City time, on the date not less than three Business Days prior to the requested Borrowing Date therefor, in the case of Eurodollar Loans. Committed Loans shall be in the minimum aggregate amount of $1,000,000 or in integral multiples of $100,000 in excess thereof.
(b) Upon receipt of any Committed Loan Request from the Company, the Administrative Agent shall forthwith give written notice to each Bank Lender of the substance thereof. Not later than 2:00 P.M.p.m., New York City time, on the Borrowing Date specified in such Committed Loan Request, each Bank Lender shall make available to the Administrative Agent in immediately available funds at the office of the Administrative Agent at its address set forth on the signature pages hereof, such BankLender's Pro Rata Share of the requested Committed Loans.
(c) Upon receipt by the Administrative Agent of all such funds and satisfaction by the Company or waiver by each of the Banks of each of the conditions precedent contained in Section 6.02, the Administrative Agent shall disburse to the Company on the requested Borrowing Date the Committed Loans requested in such Committed Loan Request. The Administrative Agent may, but shall not be required to, advance on behalf of any Bank Lender such BankLender's Pro Rata Share of the Committed Loans on a Borrowing Date unless such Bank Lender shall have notified the Administrative Agent prior to such Borrowing Date that it does not intend to make available its Pro Rata Share of such Committed Loans on such date. If the Administrative Agent makes such advance, the Administrative Agent shall be entitled to recover such amount on demand from the Bank Lender on whose behalf such advance was made, and if such Bank Lender does not pay the Administrative Agent the amount of such advance on demand, the Company shall promptly repay such amount to the Administrative Agent. Until such amount is repaid to the Administrative Agent by such Bank Lender or the Company, such advance shall be deemed for all purposes to be a Loan made by the Administrative Agent. The Administrative Agent shall be entitled to recover from the Bank Lender or the Company, as the case may be, interest on the amount advanced by it for each day from the Borrowing Date therefor until repaid to the Administrative Agent, at a rate per annum equal to (i) in the case of the Lender, (1) the Federal Funds Rate, for the five-day period beginning on the Borrowing Date, and (ii2) the applicable rate on the Loans made on the Borrowing Date Date, for the period beginning on the sixth day after the Borrowing Date, and (ii) in the case of the Company, the applicable rate on the Loans made on the Borrowing Date.
(d) In lieu of delivering the written notice described above, the Company may give the Administrative Agent telephonic notice of any request for borrowing by the time required under this Section 2.02Section; provided that such telephonic notice shall be confirmed by delivery of a written notice Committed Loan Request to the Administrative Agent by no later than 4:00 P.M.3:00 p.m., New York City time, on the date of such telephonic notice.
Appears in 1 contract
Samples: Credit Agreement (Health Care Property Investors Inc)