Procedure for Revolving Advances Borrowing. (a) Borrowing Agent on behalf of any Borrower may notify Agent prior to 12:00 P.M. on a Business Day of a Borrower’s request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, the same shall be deemed a request for a Revolving Advance maintained as a Domestic Rate Loan as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable.
(b) Notwithstanding the provisions of subsection (a) above, in the event any Borrower desires to obtain a LIBOR Rate Loan (other than a Swing Loan), Borrowing Agent shall give Agent written notice by no later than 3:00 P.M. on the day which is three (3) Business Days prior to the date such LIBOR Rate Loan is to be borrowed, specifying (i) the date of the proposed borrowing (which shall be a Business Day), (ii) the type of borrowing and the amount on the date of such Advance to be borrowed, which amount shall be in a minimum amount of $1,000,000 and in integral multiples of $100,000 thereafter, and (iii) the duration of the first Interest Period therefor. Interest Periods for LIBOR Rate Loans shall be for one, two or three months; provided, if an Interest Period would end on a day that is not a Business Day, it shall end on the next succeeding Business Day unless such day falls in the next succeeding calendar month in which case the Interest Period shall end on the next preceding Business Day. Any Interest Period that begins on the last Business Day of a calendar month (or a day for which there is no numerically corresponding day in the last calendar month of such Interest Period) shall end on the last Business Day of the last calendar month of such Interest Period. Upon and after the occurrence of an Event of Default, and during the continuation thereof, at the option of Agent or at the direction of Required Lenders, no LIBOR Rate Loan shall be made available to any Borrower. After giving effect to each requested LIBOR Rate Loan, including those which are converted from a Domestic Rate Loan under Section 2.2(d), there shall not be outstanding more than four (4) LIBOR Rate Loans, in the aggregate.
(c) Each Interest Period of a LIBOR Rate Loan shall commence on the dat...
Procedure for Revolving Advances Borrowing. Borrowing Agent on behalf of any Borrower may notify Agent prior to 11:00 a.m. on a Business Day of a Borrower's request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable.
Procedure for Revolving Advances Borrowing. (a) During the Term, Borrowing Agent, on behalf of Century or CBE, may notify Agent in writing (or by telephone and promptly confirmed in writing) prior to 11:00 a.m. (New Jersey time) on a Business Day of Borrowing Agent's request to incur, on that day, a Revolving Advance hereunder. Borrowing Agent may not request Revolving Advances on behalf of Richton. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any Other Document, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation, and such request shall be irrevocable. No Revolving Advance shall be made available to Borrowers during the continuance of an Event of Default.
(b) Notwithstanding the provisions of (a) above, in the event any Borrower desires to obtain a Eurodollar Rate Loan, Borrowing Agent, on behalf of such Borrower, shall give Agent at least three (3) Business Days' prior written notice (or telephonic notice promptly confirmed in writing), specifying (i) the date of the proposed borrowing (which shall be a Business Day), (ii) the type of borrowing and the amount on the date of such Revolving Advance to be borrowed, which amount shall be an integral multiple of one million dollars ($1,000,000), and (iii) the duration of the first Interest Period therefor.
Procedure for Revolving Advances Borrowing. (a) Borrowing Agent on behalf of any Borrower may notify Agent prior to 12:00 p.m. on a Business Day of a Borrower’s request to incur, on that day, a Revolving Advance hereunder, and specifying which Borrower, or Borrowing Group, is to incur such Revolving Advance. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance maintained as a Domestic Rate Loan as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable.
(b) Notwithstanding the provisions of subsection 2.2(a), in the event any Canadian Borrower desires to obtain a Canadian CDOR Rate Loan or a Eurodollar Rate Loan or any US Borrower desires to obtain a Eurodollar Rate Loan, such Borrower shall give Agent written notice by no later than 12:00 p.m. on the day which is three (3) Business Days prior to the date such Canadian CDOR Rate Loan or Eurodollar Rate Loan is to be borrowed, specifying (i) the date of the proposed borrowing (which shall be a Business Day), (ii) the type of borrowing (including as to the currency and applicable rate of interest) and the amount on the date of such Advance to be borrowed, which amount shall be in a minimum amount of $250,000 and integral multiples of $100,000, and (iii) the duration of the first Interest Period therefor. Interest Periods for Canadian CDOR Rate Loans and Eurodollar Rate Loans shall be for one, two or three months; provided, if an Interest Period would end on a day that is not a Business Day, it shall end on the next succeeding Business Day unless such day falls in the next succeeding calendar month in which case the Interest Period shall end on the next preceding Business Day. No Canadian CDOR Rate Loan or Eurodollar Rate Loan shall be made available to a Borrower upon the occurrence and during the continuance of a Default or an Event of Default. After giving effect to each requested Canadian CDOR Rate Loan or Eurodollar Rate Loan as applicable, including those which are converted from a Canadian Base Rate Loan or Domestic Rate Loan under Section 2.2(e), there shall not be outstanding more than five (5) Canadian CDOR Rate Loans or Eurodollar Rate Loan as applicable, in the aggregate.
(c)...
Procedure for Revolving Advances Borrowing. Borrower may notify Lender prior to 11:00 a.m. on a Business Day of its request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges due from Borrower under this Agreement or any other agreement with Lender, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Lender, and such request shall be irrevocable.
Procedure for Revolving Advances Borrowing. Borrowing Agent may notify Lender prior to 1:00 p.m. on a Business Day of a Borrower's request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Lender, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Lender, and such request shall be irrevocable. Notwithstanding the foregoing, Lender will not make any Advance pursuant to any notice unless Lender has also received the most recent Borrowing Base Certificate required under Section 9.2 hereof. Each request for a Revolving Advance shall be deemed to be a request for a LIBOR Rate Loan unless a Domestic Rate Loan is specifically requested. Whenever, subsequent to the date of this Agreement, the Alternate Base Rate or Average Monthly LIBOR Rate is increased or decreased, the applicable Revolving Interest Rate shall be similarly changed without notice or demand by an amount equal to the amount of such change in the Alternate Base Rate or Average Monthly LIBOR Rate, as applicable.
Procedure for Revolving Advances Borrowing. A request for a Revolving Advance shall be made, or shall be deemed to be made, in the following manner: (i) Borrowing Agent on behalf of any Borrower may notify Agent prior to 1:00 p.m. (East Brunswick, New Jersey time) on a Business Day of a Borrower's request to incur, on that day, a Revolving Advance hereunder; (ii) unless payment is otherwise timely made by Borrowers, the coming due of any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, shall be deemed a request for a Revolving Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable; and (iii) unless payment is otherwise timely made by Borrowers, the presentation for payment by PNC of any check or other item of payment drawn on a Controlled Disbursement Account shall be deemed an irrevocable request (without any requirement for the submission of a notice by any Borrower) for a Revolving Advance on the date of such presentation and in an amount equal to the aggregate amount of the items presented for payment, and the proceeds of such Revolving Advance may be disbursed by way of direct payment to the Controlled Disbursement Account that such items were drawn upon. Agent shall have no obligation to Borrowers to honor any deemed request for a Revolving Advance, but may do so in its discretion and without regard to the existence of, and without being deemed to have waived, any Default or Event of Default and without regard to the existence or creation of an Out-of-Formula Condition.
Procedure for Revolving Advances Borrowing. (g) of the Credit Agreement is hereby amended and restated in its entity to read as follows:
Procedure for Revolving Advances Borrowing. Section 2.2(a) of the Loan Agreement shall be amended and restated in its entirety as follows:
(a) Borrowing Agent on behalf of any Borrower may notify Agent prior to 12:00 p.m. on a Business Day of a Borrower’s request to incur, on that day, a Revolving Advance hereunder, and specifying which Borrower, or Borrowing Group, is to incur such Revolving Advance. Subject to the satisfaction of the conditions set forth in Section 8.3 hereof, in the event any Borrower desires an Equipment Loan, Borrowing Agent shall give Agent at least three (3) Business Days prior written notice. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or Lenders, or with respect to any other Obligation, become due, same shall be deemed a request for a Revolving Advance maintained as a Domestic Rate Loan as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or Lenders, and such request shall be irrevocable.
Procedure for Revolving Advances Borrowing. The Borrower may notify the Lender prior to 12:00 noon on a Business Day of its request to incur, on that day, a Revolving Advance hereunder. Should any amount required to be paid as interest, fees or as other charges under this Agreement, any Ancillary Agreement or any other agreement with the Lender, or with respect to any other Obligation, become due, or if sums are expended by the Lender due to the Borrower's failure to perform or comply with its obligations under this Agreement including, without limitation, the Borrower's obligations under Sections 4.2, 4.4, 4.12, 4.13, 4.14 and 6.1 hereof, the Borrower shall
