Common use of Procedure for Revolving Credit Borrowing Clause in Contracts

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co), Credit Agreement (Nebraska Book Co)

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Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (x) with respect to Eurodollar Loans, 10:00 A.M., New York City time, or (y) with respect to ABR Loans, 1:00 P.M., New York City time, : (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), in each case specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments (other than a borrowing under subsections 2.16 and 5.5) shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available Prior to the Administrative Agent for the account of the Borrower at the Funding Office prior (x) with respect to 1:00 Eurodollar Loans, 11:00 A.M., New York City time, or (y) with respect to ABR Loans, 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower, each Revolving Lender will make an amount equal to its Funding Commitment Percentage of the principal amount of the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in writing by the Administrative Agent to the Lenders in funds immediately available to the Administrative Agent. Such Except as otherwise provided in subsection 2.16, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 4 contracts

Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp)

Procedure for Revolving Credit Borrowing. The Borrower Company may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower Company shall give the General Administrative Agent irrevocable written notice (which notice must be received by the General Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBOR Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar LIBOR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar LIBOR Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerCompany, the General Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the General Administrative Agent for the account of the Borrower Company at the Funding Office office of the General Administrative Agent specified in Section 14.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the General Administrative Agent. Such borrowing will then be made available to the Borrower Company by the General Administrative Agent crediting the account of the Company at the office of The Toronto-Dominion Bank at 909 Xxxxxx Xxxxxx, Suite 1700, Houston, TX 77010 xxxh the aggregate of the amounts made available to the General Administrative Agent by the Revolving Credit Lenders and in like funds as received by the General Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Laidlaw Environmental Services Inc), Credit Agreement (Laidlaw Environmental Services Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Facility Commitment Period on any Business DayPeriod, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 a.m., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (b) one on the same Business Day prior to as the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Each borrowing of Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof of $500,000 (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.44.10. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of the amount of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 3 contracts

Samples: Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp), Credit Agreement (Six Flags Entertainment Corp)

Procedure for Revolving Credit Borrowing. The Borrower OpCo may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower OpCo shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in if the case of requested Revolving Credit Loans are to be initially Base Rate Loans), Loans specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if or the Availability is less than $1,000,000, such lesser amountfull amount of the then Available Commitments) and (y) in the case of Eurodollar Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof; provided, subject to the provisions of Section 2.12, except that the Swing Line Lender may request, on behalf of the Borrower, borrowings any borrowing under the Revolving Credit Commitments which are Base Rate to be used solely to pay a like amount of Swing Line Loans may be in other amounts pursuant to Section 2.4the aggregate principal amount of such Swing Line Loans. Upon receipt of any such notice from the BorrowerOpCo, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share Commitment Percentage of each borrowing available to the Administrative Agent for the account of the Borrower OpCo at the Funding Office office of the Administrative Agent specified in Section 9.2 prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower OpCo in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower OpCo by the Administrative Agent crediting the account of OpCo on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice may be given by telephone, promptly confirmed by telecopy) (which notice must be received by the Administrative Agent prior to 1:00 (a) 3:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of Base Rate Loans), ) specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date Date, (iii) the account to which the proceeds of such Loans should be transferred and (iiiiv) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, at least $1,000,000 or a whole multiple thereof 250,000 (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000250,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that (A) the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7 and (B) borrowings of Base Rate Loans contemplated under Section 3.5 shall not be subject to the requirements of this sentence. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 (a) 12:00 Noon, New York City time, in the case of Eurodollar Loans, or (b) 2:00 P.M., New York City time, in the case of Base Rate Loans, on the Borrowing Date requested by the Borrower in Dollars and in funds immediately available to the Administrative Agent. Such borrowing will then be made immediately available on such day to the Borrower by the Administrative Agent transferring to the account of the Borrower specified by the Borrower the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Laundry Corp), Credit Agreement (Alliance Laundry Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under Each Borrowing, each conversion of Loans from one Type to the Revolving Credit Commitments during other, and each continuation of Eurodollar Loans shall be made upon the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give Borrower’s notice to the Administrative Agent irrevocable notice (Agent, which notice must be given by a Borrowing Notice. Each such Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.not later than 12:00 Noon, New York City time, time (ai) three Business Days prior to the requested date of any Borrowing Dateof, in conversion to or continuation of, Eurodollar Loans or of any conversion of Eurodollar Loans to ABR Loans, and (ii) on the case requested date of any Borrowing of ABR Loans. Each Borrowing Notice shall specify (1) whether the Borrower is requesting a Borrowing, a conversion of Loans from one Type to the other, or a continuation of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, conversion or continuation, as the case may be (which shall be a Business Day), (iii) in the case principal amount of Eurodollar LoansLoans to be borrowed, converted or continued, (iv) the Class and Type of Loans to be borrowed or to which existing Loans are to be converted and (v) if applicable, the respective amounts of each such Type of Loan and the respective lengths duration of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loanswith respect thereto. Each borrowing under the Revolving Credit Commitments Borrowing of or conversion to ABR Loans shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case ). Each Borrowing of, conversion to or continuation of Eurodollar Loans, Loans shall be in an amount equal to $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share each Borrowing of each borrowing Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Verint Systems Inc), Credit Agreement (Verint Systems Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co)

Procedure for Revolving Credit Borrowing. The Borrower may borrow Five-Year Loans under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Five-Year Loans are to be Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the Facility under which the Borrowing is to be made, (ii) the amount and Type of Revolving Credit Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the Borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iiiv) in if the case Borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing Borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 10,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 9.2 prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then immediately be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Competitive Advance and Revolving Credit Agreement (Tegna Inc), Competitive Advance and Revolving Credit Agreement (Tegna Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.the

Appears in 2 contracts

Samples: Credit Agreement (Nebraska Book Co), Credit Agreement (NBC Acquisition Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in a Notice of Borrowing (which notice Notice of Borrowing must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a $1,000,000 whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Ws Financing Corp), Credit Agreement (Worldspan L P)

Procedure for Revolving Credit Borrowing. The Borrower Company may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.10:30 A.M., New York City Charlotte, North Carolina time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one two Business Day Days prior to the requested Borrowing Date, in if all or any part of the case of Base requested Revolving Credit Loans are to be initially C/D Rate Loans, or (c) on the requested Borrowing Date, otherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans, C/D Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans or C/D Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is then Available Commitments are less than $1,000,00010,000,000, such lesser amount) and (y) in the case of Eurodollar Loans or C/D Rate Loans, $1,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company at the Funding Office office of the Administrative Agent specified in subsection 10.2 prior to 1:00 P.M.12:00 noon, New York City Charlotte, North Carolina time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Company on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Ryland Group Inc), Credit Agreement (Ryland Group Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., 12:00 Noon (New York City time, ) (ai) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (bii) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type . Each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the each Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., P.M. (New York City time, ) on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Amendment and Restatement Agreement (Chatham Lodging Trust), Credit Agreement (Chatham Lodging Trust)

Procedure for Revolving Credit Borrowing. The Borrower Each of the Borrowers may borrow under the Revolving Credit Commitments during on the Revolving Credit Commitment Period Closing Date and the Parent Borrower and any Subsidiary Borrower (or any of their permitted successors hereunder) may borrow under the Commitments hereunder on any Business DayDay after the Closing Date during the Commitment Period, provided that the Borrower Representative shall give the Administrative Agent irrevocable (in the case of any notice except notice with respect to the initial Extension of Credit hereunder, which shall be irrevocable after the funding) notice in substantially the form of Exhibit J-1 hereto or in such other form as may be agreed between the Borrower Representative and the Administrative Agent (each, a “Borrowing Request”) (which notice Borrowing Request must be received by the Administrative Agent prior to 1:00 (1) in the case of either Eurodollar Loans or ABR Loans to be borrowed on the Closing Date, 12:00 P.M., New York City time (or such later time as may be agreed by the Administrative Agent in its reasonable discretion), one Business Day prior to the Closing Date, and (2) in all other cases, (a) 2:00 P.M., New York City time, (a) at least three Business Days (or such shorter period as may be agreed by the Administrative Agent in its reasonable discretion) prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to 11:00 A.M., New York City time (or such later time as may be agreed by the Administrative Agent in its reasonable discretion), on the requested Borrowing Date, in the case of Base Rate for ABR Loans), ) specifying (i) the identity of a Borrower, (ii) the amount and Type of Revolving Credit Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iiiv) in if the case borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, except any ABR Loan to be used solely to pay a like amount of outstanding Reimbursement Obligations or Swingline Loans, in multiples of $1,000,000 or a whole multiple thereof 500,000 (or, if the Availability is Commitments then available (as calculated in accordance with Subsection 2.1(a)) are less than $1,000,000500,000, such lesser amount) or a whole multiple of $100,000 in excess thereof, and (y) in the case of Eurodollar Loans, $1,000,000 500,000, or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, Borrower Representative the Administrative Agent shall promptly notify each applicable Revolving Credit Lender thereof. Each Subject to the satisfaction of the conditions precedent specified in Subsection 6.2 to the extent applicable (or in the case of the initial Extension of Credit on the Closing Date, Subsection 6.1), each applicable Revolving Credit Lender will make the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower identified in such notice at the Funding Office office of the Administrative Agent specified in Subsection 11.2 prior to 1:00 P.M.12:00 P.M. (or 9:00 A.M., in the case of the initial borrowing hereunder), New York City time, or at such other office of the Administrative Agent or at such other time as to which the Administrative Agent shall notify such BorrowerLender reasonably in advance of the Borrowing Date with respect thereto, on the Borrowing Date requested by the such Borrower and in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Abl Credit Agreement (Core & Main, Inc.), Abl Credit Agreement (Core & Main, Inc.)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan prior to the date which is 90 days after the Closing Date, or, if earlier, the date on which the Syndication Agent completes the syndication of the Facilities and the entities selected in such syndication process become parties to this Agreement. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of the Funding Office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Grand Union Co /De/), Credit Agreement (Grand Union Co /De/)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to 10:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate ABR Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that (x) no Revolving Credit Loans shall be made on the Effective Date and (y) the Borrower shall give the Administrative Agent irrevocable notice (which notice may be given by telephone, promptly confirmed by telecopy) (which notice must be received by the Administrative Agent prior to 1:00 (a) 3:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to 12:00 Noon, New York City time, on the requested Borrowing Date, in the case of Base Rate Loans), ) specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date Date, (iii) the account to which the proceeds of such Loans should be transferred and (iiiiv) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period Periods therefor. Any Except for Letters of Credit in an aggregate face amount not to exceed the aggregate face amount of the Existing Letters of Credit, no Revolving Credit Loans Loan may be made on as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the Closing earlier of (A) the Syndication Date shall initially be Base Rate Loansand (B) the date which is 21 days after the Effective Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, at least $1,000,000 or a whole multiple thereof 250,000 (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000250,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that (A) the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7 and (B) borrowings of Base Rate Loans contemplated under Section 3.5 shall not be subject to the requirements of this sentence. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 (a) 12:00 Noon, New York City time, in the case of Eurodollar Loans, or (b) 2:00 P.M., New York City time, in the case of Base Rate Loans, on the Borrowing Date requested by the Borrower in Dollars and in funds immediately available to the Administrative Agent. Such borrowing will then be made immediately available on such day to the Borrower by the Administrative Agent transferring to the account of the Borrower specified by the Borrower the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Alliance Laundry Systems LLC), Credit Agreement (Alliance Laundry Systems LLC)

Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to 10:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Nationwide Credit Inc), Credit Agreement (Nationwide Credit Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to 10:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate ABR Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Swingline Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which that are Base Rate ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Conmed Corp), Credit Agreement (Conmed Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business Day, Period; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice notice, which may be given by (A) telephone or (B) a Borrowing Notice, which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, 12:00 Noon (a) three two (2) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term SOFR Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loans or Term SOFR Daily Floating Rate Loans). Except as provided in Section 3.5, specifying (i) the amount and Type each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans or Term SOFR Daily Floating Rate Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Term SOFR Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided. Any telephonic notice by the Borrower must be confirmed immediately by delivery to the Administrative Agent of a Borrowing Notice specifying therein the requested (i) date of such borrowing, that (ii) the Swing Line Lender may requestamount of Loans requested, on behalf (iii) Type of Loans comprising such borrowing, (iv) Borrower’s account for such Loans and (v) in the Borrowercase of any Loans requested to be made as Term SOFR Loans, borrowings under the Revolving Credit Commitments which are initial Interest Period therefor. If no election as to the Type of Loans is specified in the Borrowing Notice, then the requested Loans shall be Base Rate Loans. If no Interest Period with respect to any Term SOFR Loans is specified in other amounts pursuant any such Borrowing Notice, then the Borrower shall be deemed to Section 2.4have selected an Interest Period of one month’s duration. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, 3:00 PM on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent. Except as otherwise provided herein, a Term SOFR Loan may be continued or converted only on the last day of an Interest Period for such Term SOFR Loan. During the existence of a Default, no Loans may be requested as, converted to or continued as Term SOFR Loans without the consent of the Required Lenders. With respect to SOFR or Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document; provided that, with respect to any such amendment effected, the Administrative Agent shall post each such amendment implementing such Conforming Changes to the Borrower and the Lenders reasonably promptly after such amendment becomes effective.

Appears in 2 contracts

Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)

Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice a Borrowing Request, which Borrowing Request shall be irrevocable, (which notice must be received by the Administrative Agent i) prior to 1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or Loans and (bii) one Business Day prior to 12:00 P.M., New York City time, on the requested Borrowing Date, in the case of Base Reference Rate Loans), specifying (iA) the amount and Type of Revolving Credit Loans to be borrowed, (iiB) the requested Borrowing Date Date, (C) whether the borrowing is to be a Eurodollar Loan a Reference Rate Loan or a combination thereof and (iiiD) the length of the Interest Period for each Eurodollar Loan included in such Borrowing Request. Each borrowing under the Commitments shall be in an aggregate principal amount of the lesser of (1) (x) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Reference Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that and (2) the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. then Available Commitments. (b) Upon receipt of any such notice Borrowing Request from the Borrower, the Administrative Agent shall promptly notify each Lender thereofthereof (but in any event no later than (i) the date of receipt of such Borrowing Request from the Borrower, in the case of Eurodollar Loans and (ii) 12:30 P.M., New York City time, on the requested Borrowing Date in the case of Reference Rate Loans). Each Lender will make the amount of its pro rata share Commitment Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent set forth in Section 9.2 prior to 1:00 (1) 2:00 P.M., New York City time, in the case of Reference Rate Loans, and (2) 12:00 P.M., New York City time, in the case of Eurodollar Loans, in each case on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative AgentAgent in Dollars. Such borrowing The proceeds of all such Revolving Credit Loans will then be made available to the Borrower by the Administrative Agent by crediting the account of the Borrower on the books of the Administrative Agent, or such other account of the Borrower as shall have been designated by the Borrower to the Administrative Agent, 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. (c) Unless the Administrative Agent shall have been notified in writing by any Lender prior to a proposed Borrowing Date (or, in the case of any borrowing of Reference Rate Loans, prior to 1:00 P.M., New York City time on the proposed Borrowing Date) that such Lender will not make available to the Administrative Agent the amount which would constitute its Commitment Percentage of the borrowing on such Borrowing Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such Borrowing Date, and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower an amount equal to such Lender’s Commitment Percentage of the borrowing on such Borrowing Date. The Administrative Agent shall notify the Borrower as promptly as practicable if such Lender’s Commitment Percentage of such borrowing is not made available to the Administrative Agent on such Borrowing Date. If such amount is made available to the Administrative Agent on a date after such Borrowing Date, such Lender shall pay to the Administrative Agent on demand an amount equal to the product of (i) the daily average overnight Federal Funds Effective Rate during such period as quoted by the Administrative Agent, times (ii) the amount of such Lender’s Commitment Percentage of such borrowing (minus the amount, if any, which such Lender has made available to the Administrative Agent), times (iii) a fraction, the numerator of which is the number of days that elapse from and including such Borrowing Date to the date on which such Lender’s Commitment Percentage of such borrowing shall have become immediately available to the Administrative Agent and the denominator of which is 360. A certificate of the Administrative Agent submitted to any Lender with respect to any amounts owing under this Section 2.3(c) shall be prima facie evidence of the accuracy of the information set forth therein, absent manifest error. If such Lender’s Commitment Percentage of such borrowing is not in fact made available to the Administrative Agent by such Lender within three Business Days of such Borrowing Date, the Administrative Agent shall be entitled to recover the amount of such Lender’s Commitment Percentage of such borrowing (minus the amount, if any, which such Lender had made available to the Administrative Agent) on demand from the Borrower with interest thereon (A) for the period from and including such Borrowing Date to the date one day after such demand, at a rate per annum equal to the daily average overnight Federal Funds Effective Rate during such period as quoted by the Administrative Agent and calculated on the basis of a 360-day year for the actual days elapsed and (B) thereafter, at the rate per annum applicable to Reference Rate Loans hereunder. Nothing contained in this Section 2.3(c) shall prejudice in any manner whatsoever any right or remedy of the Borrower against such Lender.

Appears in 2 contracts

Samples: Credit Agreement, Credit Agreement (Phillips 66 Partners Lp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (x) with respect to SOFR Loans, 10:00 A.M., New York City time, or (y) with respect to ABR Loans, 1:00 P.M., New York City time, : (a) three U.S. Government Securities Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar Loans, requested Revolving Credit Loans are to be initially SOFR Loans or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), in each case specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar SOFR Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of SOFR Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments (other than a borrowing under subsections 2.16 and 5.5) shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar SOFR Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available Prior to the Administrative Agent for the account of the Borrower at the Funding Office prior (x) with respect to 1:00 SOFR Loans, 11:00 A.M., New York City time, or (y) with respect to ABR Loans, 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower, each Revolving Lender will make an amount equal to its Funding Commitment Percentage of the principal amount of the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in writing by the Administrative Agent to the Lenders in funds immediately available to the Administrative Agent. Such Except as otherwise provided in subsection 2.16, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any The Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be The Administrative Agent shall make available to the Borrower the aggregate of the amounts made available to the Borrower Administrative Agent by the Administrative Agent Revolving Credit Lenders in like funds as received by the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable (provided that any such notice may be conditioned on the occurrence of a transaction and, if such condition is not satisfied on or prior to the date of such Borrowing, may be revoked by the Borrower in a written notice to the Administrative Agent) notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, (a) prior to 12:00 p.m. (Noon), Local Time, three Business Days prior to the requested Borrowing Date in the case of LIBOR Loans; or (b) prior to 10:00 a.m.., Local Time, on the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing DateABR Loans or, in each case, such later date and time as the case of Base Rate LoansAdministrative Agent may agree), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of any LIBOR Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on Such notice may be substantially in the Closing Date shall initially be Base Rate Loansform of Exhibit I or in such other form as the Borrower and the Administrative Agent may agree. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar LIBOR Loans, the equivalent of $1,000,000 or a whole multiple of the equivalent of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the applicable Funding Office prior to 1:00 P.M.12:00 p.m. (Noon), New York City timeLocal Time (or in the case of LIBOR Loans, prior to 12:00 p.m. (Noon), Local Time), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent. Each Lender, at its option, may make any Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Borrower to repay such Loan in accordance with terms of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Forrester Research, Inc.), Credit Agreement (Forrester Research, Inc.)

Procedure for Revolving Credit Borrowing. The (a) Each Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day; provided, provided that the applicable Borrower shall give the Administrative Agent irrevocable notice written notice, substantially in the form of Exhibit F hereto, (which notice must be received by the Administrative Agent i) prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or Loans and (bii) one Business Day prior to 12:00 P.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (iA) the amount and Type of Revolving Credit Loans to be borrowed, (iiB) the requested Borrowing Date Date, (C) whether the borrowing is to be a Eurodollar Loan, an ABR Loan, or a combination thereof and (iiiD) the length of the Interest Period for each Eurodollar Loan included in such notice. If no election as to the case of Eurodollar Loans, the respective amounts of each such Type of Loan and borrowing is specified, then the respective lengths of the initial requested borrowing shall be an ABR borrowing. If no Interest Period therefor. Any Revolving Credit Loans made on is specified with respect to any requested Eurodollar borrowing, then the Closing Date Interest Period shall initially be Base Rate Loansdeemed to be one month. Each Eurodollar or ABR borrowing under the Revolving Credit Commitments shall be in an aggregate principal amount equal to of the lesser of (x1) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that and (2) the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. then Available Commitments. (b) Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Lender thereofthereof (but in any event no later than (i) the date of receipt of such notice from such Borrower in the case of Eurodollar Loans and (ii) 2:00 P.M., New York City time, on the requested Borrowing Date in the case of ABR Loans). Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the such Borrower at the Funding Office office of the Administrative Agent set forth in subsection 9.2 prior to 1:00 (i) 4:00 P.M., New York City time, in the case of ABR Loans, and (ii) 12:00 P.M., New York City time, in the case of Eurodollar Loans on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative AgentAgent in Dollars. Such borrowing The proceeds of all Loans will then be made available to the such Borrower by the Administrative Agent by crediting the account of such Borrower on the books of the Administrative Agent, or such other account of such Borrower as shall have been designated by such Borrower to the Administrative Agent. (c) Unless the Administrative Agent shall have been notified in like writing by any Lender prior to a proposed Borrowing Date that such Lender will not make available to the Administrative Agent the amount which would constitute its Commitment Percentage of the borrowing on such Borrowing Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such Borrowing Date, and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower an amount equal to such Lender’s Commitment Percentage of the borrowing on such Borrowing Date. The Administrative Agent shall notify such Borrower as promptly as practicable if such Lender’s Commitment Percentage of such borrowing is not made available to the Administrative Agent on such Borrowing Date. If such amount is made available to the Administrative Agent on a date after such Borrowing Date, such Lender shall pay to the Administrative Agent on demand an amount equal to the product of (i) the daily average overnight federal funds rate during such period as received quoted by the Administrative Agent, times (ii) the amount of such Lender’s Commitment Percentage of such borrowing (minus the amount, if any, which such Lender has made available to the Administrative Agent), times (iii) a fraction the numerator of which is the number of days that elapse from and including such Borrowing Date to the date on which such Lender’s Commitment Percentage of such borrowing shall have become immediately available to the Administrative Agent and the denominator of which is 360. A certificate of the Administrative Agent submitted to any Lender with respect to any amounts owing under this subsection 2.3(c) shall be prima facie evidence of the accuracy of the information set forth therein, absent manifest error. If such Lender’s Commitment Percentage of such borrowing is not in fact made available to the Administrative Agent by such Lender within three Business Days of such Borrowing Date, the Administrative Agent shall be entitled to recover the amount of such Lender’s Commitment Percentage of such borrowing (minus the amount, if any, which such Lender had made available to the Administrative Agent) on demand from such Borrower with interest thereon (i) for the period from and including such Borrowing Date to the date one day after such demand, at a rate per annum equal to the daily average overnight federal funds rate during such period as quoted by the Administrative Agent and calculated on the basis of a 360-day year for the actual days elapsed and (ii) thereafter, at the rate per annum applicable to ABR Loans hereunder. Nothing contained in this subsection 2.3(c) shall prejudice in any manner whatsoever any right or remedy of such Borrower against such Lender.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Chevron Phillips Chemical Co LLC), Credit Agreement (Chevron Phillips Chemical Co LLC)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.(a) 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one 11:00 A.M., New York City time, on the same Business Day prior to as the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. [Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and] [N][n]o Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the earlier of (i) date which is 60 days after the Closing Date and (ii) the Syndication Date. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereofthereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000 or such incremental amount, such lesser amount); provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (National CineMedia, Inc.)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type . Each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, provided that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Verint Systems Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business Day, Period; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice notice, which may be given by (A) telephone or (B) a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, 12:00 Noon (a) three (3) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loans or Daily Floating Eurodollar Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate LoansLoans or Daily Floating Eurodollar Rate Loans unless the Borrower delivers a funding indemnity letter, in a form acceptable to the Administrative Agent, not less than three (3) Business Days prior to the Closing Date. Each Except as provided in Section 3.5, each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans or Daily Floating Eurodollar Rate Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided. Any telephonic notice by the Borrower must be confirmed immediately by delivery to the Administrative Agent of a Borrowing Notice specifying therein the requested (i) date of such borrowing, that (ii) the Swing Line Lender may requestamount of Loans requested, on behalf (iii) Type of Loans comprising such borrowing, (iv) Borrower’s account for such Loans and (v) in the Borrowercase of any Loans requested to be made as Eurodollar Loans, borrowings under the Revolving Credit Commitments which are initial Interest Period therefor. If no election as to the Type of Loans is specified in the Borrowing Notice, then the requested Loans shall be Base Rate Loans. If no Interest Period with respect to any Eurodollar Loans is specified in other amounts pursuant any such Borrowing Notice, then the Borrower shall be deemed to Section 2.4have selected an Interest Period of one month’s duration. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, 3:00 PM on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the (a) Each Borrowing of a Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that Loan shall be made upon the Borrower shall give the Representative’s irrevocable (subject to Section 10.5) written notice delivered to Administrative Agent irrevocable notice (substantially in the form of a Notice of Borrowing or in a writing in any other form acceptable to Administrative Agent, which notice must be received by the Administrative Agent prior to 1:00 P.M., p.m. (New York City time, ) (ai) on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan or Canadian Index Rate Loan and (ii) on the day which is three (3) Business Days prior to the requested Borrowing Datedate in the case of any LIBOR Rate Loan. Such Notice of Borrowing shall specify: (i) whether the Borrowing is to be comprised of U.S. Revolving Loans or Canadian Revolving Loans and, in the case of Eurodollar Canadian Revolving Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit whether such Loans are to be borrowed, denominated in Dollars or Canadian Dollars; (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths amount of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments Borrowing (which shall be in an aggregate minimum principal amount equal of $100,000, or C$100,000, as applicable); (iii) the requested Borrowing date, which shall be a Business Day; (iv) whether the Borrowing is to (x) in the case be comprised of Base LIBOR Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant or Canadian Index Rate Loans; and (v) if the Borrowing is to Section 2.4. be LIBOR Rate Loans, the Interest Period applicable to such Loans. (b) Upon receipt of any such notice from the Borrowera Notice of Borrowing, the Administrative Agent shall will promptly notify each Revolving Lender thereof. Each Lender will make of such Notice of Borrowing and of the amount of its pro rata share such Lender’s Commitment Percentage of each borrowing available to the Borrowing. (c) Unless Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested is otherwise directed in writing by the Borrower in funds immediately available to Representative, the Administrative Agent. Such borrowing proceeds of each requested Borrowing after the Effective Date will then be made available to the Applicable Borrower by the Administrative Agent in like funds as received by wire transfer of such amount to the Administrative AgentApplicable Borrower pursuant to the wire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Axiall Corp/De/)

Procedure for Revolving Credit Borrowing. (a) The respective Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Parent Borrower (on its own behalf or on behalf of any Foreign Subsidiary Borrower) shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.(i) in the case of Term Benchmark Loans denominated in Dollars, 12:00 Noon, New York City time, (a) three U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, Date (or (b) one fourthree Business Day Days prior to the requested Borrowing Date, Date in the case of Base Rate Multicurrency Revolving Credit Loans denominated in an Optional CurrencyEuro), (ii) in the case of SONIARFR Loans denominated in Dollars, 11:00 a.m., New York City time, five U.S. Government Securities Business Days before the date of the requested Borrowing Date (or five RFR Business Days prior to the requested Borrowing date in the case of Multicurrency Revolving Credit Loans denominated in Sterling), and (iii) in the case of ABR Loans), 10:00 a.m., New York City time, on the requested Borrowing Date, specifying (iA) the amount and Type of Revolving Credit Loans to be borrowed, (iiB) the requested Borrowing Date and Date, (iiiC) in the case of Eurodollar Loansany Term Benchmark Loan, the respective amounts of each such Type of Loan currency thereof and the respective lengths length of the initial Interest Period therefor. Any , and (D) in the case of a Multicurrency Revolving Credit Loans made on Loan denominated in an Optional Currency to a Foreign Subsidiary Borrower, the Closing Date shall initially be Base Rate Loans. name, jurisdiction of organization and location of the chief executive office of such Foreign Subsidiary Borrower. (b) Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (xi) in the case of Base Rate ABR Loans and SONIARFR Loans, the equivalent of $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments under the applicable Revolving Credit Facility are less than $1,000,000, such lesser amount) and (yii) in the case of Eurodollar Term Benchmark Loans, the equivalent of $1,000,000 5,000,000 or a whole multiple of the equivalent of $500,000 1,000,000 in excess thereofthereof (or comparable amounts of any relevant Optional Currency, as determined from time to time by the Administrative Agent); provided, provided that the Swing Line Swingline Lender may request, on behalf of the Parent Borrower, borrowings under the Revolving Credit Commitments which that are Base Rate ABR Loans in other amounts pursuant to Section 2.4. . (c) Upon receipt of any such notice from the Parent Borrower, the Administrative Agent shall promptly notify each applicable Revolving Credit Lender thereof. Each applicable Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the respective Borrower at the applicable Funding Office prior to 1:00 P.M.12:00 Noon, New York City timetime (or in the case of Loans denominated in an Optional Currency, prior to 12:00 Noon, Local Time), on the Borrowing Date requested by the Parent Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the respective Borrower by the Administrative Agent crediting the account of the respective Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent. Each Lender, at its option, may make any Term Benchmark Loan by causing any domestic or foreign branch or Affiliate of such Lender to make such Loan; provided that any exercise of such option shall not affect the obligation of the Parent Borrower or any Foreign Subsidiary Borrower, as the case may be, to repay such Loan in accordance with the terms of this Agreement. On the Closing Date, all Existing Revolving Credit Loans shall be deemed repaid (including for purposes of Section 2.21 of the Previous Credit Agreement) and such portion thereof that were ABR Loans shall be reborrowed as USD Revolving Credit Loans that are ABR Loans by the Parent Borrower and such portion thereof that were “Eurocurrency Loans” (as defined in the Previous Credit Agreement) shall be reborrowed as USD Revolving Credit Loans (or, in the case of any such Existing Revolving Credit Loans that are denominated in an Optional Currency, Multicurrency Revolving Credit Loans) that are Term Benchmark Loans by the Parent Borrower and Revolving Credit Lenders shall advance funds to the Administrative Agent no later than 12:00 Noon, New York City time, on the Closing Date as shall be required to repay the Existing Revolving Credit Loans of Existing Revolving Credit Lenders (i) that are not Lenders as of the Closing Date or (ii) whose aggregate Revolving Credit Commitments are less than their respective outstanding Existing Revolving Credit Loans as of the Closing Date such that each Revolving Credit Lender’s share of outstanding Revolving Credit Loans on the Closing Date in respect of any Revolving Credit Facility is equal to its Revolving Credit Percentage in respect of such Revolving Credit Facility (after giving effect to the Closing Date).

Appears in 1 contract

Samples: Credit Agreement (CONMED Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing of a US Revolving Loan shall be made upon the Revolving Credit Commitments during US Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the Revolving Credit Commitment Period on form of a Notice of Borrowing or in a writing in any Business Dayother form acceptable to Agent, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., 2:00 p.m. (New York City time) (i) on the date which is one (1) Business Day prior to the requested Borrowing date in the case of each Base Rate Loan equal to or less than $50,000,000, (aii) on the date which is three (3) Business Days prior to the requested Borrowing Date, date in the case of Eurodollar each Base Rate Loan in excess of $50,000,000 and (iii) on the date which is three (3) Business Days prior to the requested Borrowing date in the case of each LIBOR Rate Loan. Such Notice of Borrowing shall specify: (i) the amount of the Borrowing (which shall be in an aggregate minimum principal amount of $100,000); (ii) the requested Borrowing date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised of LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, or the Interest Period applicable to such Loans. (b) Each Borrowing of a Canadian Revolving Loan shall be made upon the Canadian Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the form of a Notice of Borrowing or in a writing in any other form acceptable to Agent, which notice must be received by Agent prior to 2:00 p.m. (New York time) (i) on the date which is one (1) Business Day prior to the requested Borrowing Date, date in the case of each Base Rate Loans), specifying Loan and (iii) on the date which is three (3) Business Days prior to the requested Borrowing date in the case of each LIBOR Rate Loan. Such Notice of Borrowing shall specify: (i) the amount and Type of Revolving Credit Loans to the Borrowing (which shall be borrowed, in an aggregate minimum principal amount of $100,000); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts Interest Period applicable to such Canadian Revolving Loans. (c) Upon receipt of a Notice of Borrowing, Agent will promptly notify the relevant Revolving Lenders of such Notice of Borrowing and of the amount of such Revolving Lender’s US Commitment Percentage of the Borrowing or Canadian Commitment Percentage of the Borrowing, as the case may be. (d) Unless Agent is otherwise directed in writing by the relevant Borrower, the proceeds of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on requested Borrowing after the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the such Borrower by Agent by wire transfer of such amount to such Borrower pursuant to the Administrative Agent in like funds as received by wire transfer instructions specified on the Administrative Agentsignature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

Procedure for Revolving Credit Borrowing. The Borrower Packard may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Banking Day, provided that the Borrower Packard shall give the Administrative Agent irrevocable telephonic notice (promptly confirmed in writing in a Borrowing Notice) (which notice must be received by the Administrative Agent prior to 1:00 P.M.8:30 A.M., New York City San Francisco time, (a) three Business Banking Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Banking Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit therefor and (iv) the Non-Facility Loans made on the Closing Date shall initially be Base Rate LoansDollar Equivalent. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerPackard, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Packard at the Funding Administrative Agent's Payment Office prior to 1:00 P.M.11:00 A.M., New York City San Francisco time, on the Borrowing Date requested by the Borrower Packard in Dollars and in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Packard by the Administrative Agent crediting the account of Packard on the books of such office with the aggregate of the amount made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent (or, in the event that Packard specifies in the relevant Borrowing Notice a different account into which such amounts should be transferred, the Administrative Agent shall transfer to such account the aggregate amount made available to the Administrative Agent by the Revolving Credit Lenders in like funds as received by the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Packard Bioscience Co)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, (a) three Each Borrowing of a Revolving Loan shall be made by either (i) delivering to Lender a Notice of Borrowing or (ii) giving telephonic notice thereof to Lender (promptly confirmed by delivering to Lender a Notice of Borrowing) not later than (x) 12:00 noon (Chicago time) on the date two (2) Business Days prior to the requested Borrowing Datedate, in the case of Eurodollar Rate Loans, or ; and (by) one Business Day prior to 12:00 noon (Chicago time) on the requested Borrowing Datedate, in the case of Base Rate Loans), specifying . Such Notice of Borrowing shall specify (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) Borrowing, which, in the case of Base Rate Loans, shall be in an aggregate minimum principal amount of $100,000 and multiples of $1,000,000 or a whole multiple in excess thereof (orand, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Rate Loans, $1,000,000 or shall be in a whole multiple minimum principal amount of $500,000 and multiples of $500,000 thereof; (ii) the requested Borrowing date, which shall be a Business Day; (iii) whether the Borrowing is to be comprised of Eurodollar Rate Loans or Base Rate Loans; and (iv) the duration of the Interest Period applicable to any Eurodollar Rate Loans included in excess thereofsuch notice; provided, however, that with respect to the Swing Line Lender may requestBorrowing to be made on the Closing Date, on behalf such Borrowing shall consist of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans only. (b) Unless Lender is otherwise directed in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the writing by Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share proceeds of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the requested Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then shall be made available to the Borrower by Lender at or before 3:00 p.m. (Chicago time) on such Borrowing date by deposit of such amount to Borrower's Operating Account. (c) Unless Lender shall otherwise agree, during the Administrative Agent existence of a Default, Borrower may not elect to have a Loan be made as, converted into or continued as, a Eurodollar Rate Loan. (d) Borrower hereby irrevocably authorizes Lender, in like funds Lender's sole discretion, to advance to Borrower, and to charge to Borrower's Operating Account hereunder as received a Revolving Loan, a sum sufficient to pay when due all interest accrued on the Obligations and to pay when due all costs, fees and expenses at any time owed by the Administrative AgentBorrower to Lender hereunder.

Appears in 1 contract

Samples: Credit Agreement (Credentials Services International Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in a Notice of Borrowing (which notice Notice of Borrowing must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made or outstanding on the Closing Restatement Effective Date shall initially be Base Rate Loans, and prior to the Syndication Date, no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole $1,000,000 multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business DayDay in an aggregate principal amount not exceeding the aggregate Available RC Commitments then in effect, provided that the Borrower shall give the Administrative Agent irrevocable notice written notice, substantially in the form of Exhibit A-4 (which notice must be received by the Administrative Agent prior to 1:00 P.M.10:00 a.m., New York City time in the case of Base Loan Rates and 11:00 a.m., New York City time, in the case of Eurodollar Loans), (a) three Business Days prior to the requested Borrowing Date, in as to any part of the case of requested Revolving Credit Loans that are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), otherwise) specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 500,000 or a whole multiple thereof (or, if the Availability is then Available RC Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 13.2 prior to 1:00 P.M.11:00 a.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Unidigital Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 A.M., New York City time, (a) four Business Days (or three Business Days if the Revolving Credit Loans requested are to be denominated in Dollars) prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar Loans, requested Revolving Credit Loans are to be initially Eurocurrency Loans or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Eurocurrency Loans, ABR Loans or a combination thereof, (iv) the applicable Currency and (v) if the borrowing is to be entirely or partly of Eurocurrency Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is aggregate Available Revolving Credit Commitments then in effect are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, an amount the then Dollar Equivalent Amount of which is $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified from time to time by the Administrative Agent prior to (i) in the case of borrowings in Dollars, 1:00 P.M., New York City time or (ii) in the case of borrowings in Available Foreign Currencies, 10:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in the requested Currency in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower as previously specified in writing by the Borrower to the Administrative Agent with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Hayes Lemmerz International Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow (a) Each Borrowing under the Revolving Credit Commitments during Loan shall be made upon the Revolving Credit Commitment Period on any Business DayBorrower's irrevocable (subject to Section 10.5 hereof) written notice delivered to the Agent in the form of a Notice of Borrowing, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City 11:00 a.m. (Chicago time) (i) on the requested Borrowing date in the case of each Base Rate Loan equal to or less than $1,000,000 and in the case of the initial Loans to be made on the Closing Date, (aii) on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan in excess of $1,000,000 but equal to or less than $3,000,000 and (iii) on the day which is three (3) Business Days prior to the requested Borrowing Date, date in the case of Eurodollar each LIBOR Rate Loan and each Base Rate Loan in excess of $3,000,000; provided that with respect to Loans subsequent to the initial Loans, or (b) one Business Day prior to the Borrower may give notice of the requested Borrowing Dateto the Agent by telephone call, in with such notice confirmed not later than the case following Business Day by delivery to the Agent of Base Rate Loans), specifying a signed Notice of Borrowing. Such Notice of Borrowing shall specify: (i) the amount of the Borrowing (which shall be in an aggregate minimum principal amount of $100,000 and Type multiples of Revolving Credit Loans to be borrowed, $50,000 in excess thereof); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period thereforapplicable to such Loans. Any Revolving Credit Loans provided, however, that with respect to the Borrowing to be made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case Date, such Borrowing will consist of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is Loans only and shall remain so for not less than $1,000,000three (3) Business Days. Thereafter, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, Borrower may request that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Loans be made as LIBOR Rate Loans in other amounts pursuant and that Loans be converted to Section 2.4. or continued as LIBOR Rate Loans (it being agreed that a Notice of Continuation/Conversion may be delivered on the Closing Date). (b) Upon receipt of any such notice from the BorrowerNotice of Borrowing, the Administrative Agent shall will promptly notify each Lender thereof. Each Lender will make with a Commitment affected thereby of such Notice and of the amount of its pro rata share such Lender's Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by Borrower, the proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by wire transfer (or ACH transfer) of such amount to the Administrative AgentBorrower pursuant to the wire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Brickman Group LTD)

Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments on Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to -------- the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBOR Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any The Revolving Credit Loans made on the Closing Initial Funding Date shall initially be Base Rate LoansLoans and such Revolving Credit Loans may be converted to LIBOR Loans on or after the date which is three Business Days after the Initial Funding Date. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, (I) $1,000,000 or a whole multiple of $500,000 in excess thereof or (or, if II) the Availability is less than $1,000,000, then aggregate Available Revolving Credit Commitments; provided that a -------- borrowing of Base Rate Loans made pursuant to Section 3.5 shall be in the amount of the Payment Amount to be paid with the proceeds of such lesser amountBase Rate Loans) and (y) in the case of Eurodollar LIBOR Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 2:00 P.M., New York City time, on the such requested Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CSG Systems International Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection 11.2 prior to 1:00 P.M.11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (General Chemical Group Inc)

Procedure for Revolving Credit Borrowing. The Any Specified Borrower may borrow under the related Specified Revolving Credit Commitments Commitment during the Specified Revolving Credit Commitment Period on any Business Day, provided that the such Specified Borrower shall give the Administrative Specified Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), Specified Notice Time specifying (i) the amount and Type of Revolving Credit Loans currency to be borrowed, (ii) the requested Borrowing Date and Date, (iii) the Type or Types of Loan, (iv) in the case of Eurodollar the Canadian Borrower, if the borrowing is to be entirely or partially of Canadian B/As, the respective amounts and lengths of the initial Canadian Contract Period thereof, and (v) if the borrowing is to be entirely or partly of Eurocurrency Loans, the respective amounts of each such Type of Specified Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Specified Revolving Credit Commitments shall be in an a minimum amount equal to (xA) in the case of Base Rate Loans, the Equivalent Amount of $1,000,000 or a whole multiple thereof 500,000 (or, if the Availability is then Specified Available Revolving Credit Commitments are less than the Equivalent Amount of $1,000,000500,000, such lesser amount) and (B)(x) in the case of Eurocurrency Loans, the Equivalent Amount of $1,000,000 and (y) in the case of Eurodollar LoansCanadian B/As, $1,000,000 C$1,600,000 or a whole multiple of $500,000 C$100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Specified Borrower, the Administrative Specified Agent shall promptly notify each Specified Revolving Credit Lender thereof. Each Specified Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Specified Agent for the account of the Specified Borrower at the Funding Office office of the Specified Agent specified in subsection 12.2 or any Joinder Agreement, as the case may be, prior to 1:00 P.M., New York City time11:00 a.m. local time of the Specified Agent, on the Borrowing Date requested by the Specified Borrower in funds immediately available to the Administrative Specified Agent. Such borrowing will then be made available to the Specified Borrower by the Administrative Specified Agent crediting the account of the Specified Borrower on the books of such office with the aggregate of the amounts made available to the Specified Agent by the Specified Revolving Credit Lenders and in like funds as received by the Administrative Specified Agent. Notwithstanding anything herein to the contrary, each English Revolving Credit Lender's pro rata share of any Chips Revolving Credit Loan shall be equal to such English Revolving Credit Lender's Multicurrency Percentage.

Appears in 1 contract

Samples: Credit Agreement (Viasystems Inc)

Procedure for Revolving Credit Borrowing. The (a) Each Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day; provided, provided that the applicable Borrower shall give the Administrative Agent irrevocable notice written notice, substantially in the form of Exhibit F hereto, (which notice must be received by the Administrative Agent i) prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or Loans and (bii) one Business Day prior to 12:00 P.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (iA) the amount and Type of Revolving Credit Loans to be borrowed, (iiB) the requested Borrowing Date Date, (C) whether the borrowing is to be a Eurodollar Loan, an ABR Loan, or a combination thereof and (iiiD) the length of the Interest Period for each Eurodollar Loan included in such notice. If no election as to the case of Eurodollar Loans, the respective amounts of each such Type of Loan and borrowing is specified, then the respective lengths of the initial requested borrowing shall be an ABR borrowing. If no Interest Period therefor. Any Revolving Credit Loans made on is specified with respect to any requested Eurodollar borrowing, then the Closing Date Interest Period shall initially be Base Rate Loansdeemed to be one month. Each Eurodollar or ABR borrowing under the Revolving Credit Commitments shall be in an aggregate principal amount equal to of the lesser of (x1) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that and (2) the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. then Available Commitments. (b) Upon receipt of any such notice from the applicable Borrower, the Administrative Agent shall promptly notify each Lender thereofthereof (but in any event no later than (i) the date of receipt of such notice from such Borrower in the case of Eurodollar Loans and (ii) 2:00 P.M., New York City time, on the requested Borrowing Date in the case of ABR Loans). Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the such Borrower at the Funding Office office of the Administrative Agent set forth in subsection 9.2 prior to 1:00 (i) 4:00 P.M., New York City time, in the case of ABR Loans, and (ii) 12:00 P.M., New York City time, in the case of Eurodollar Loans on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative AgentAgent in Dollars. Such borrowing The proceeds of all Loans will then be made available to the such Borrower by the Administrative Agent by crediting the account of such Borrower on the books of the Administrative Agent, or such other account of such Borrower as shall have been designated by such Borrower to the Administrative Agent. (c) Unless the Administrative Agent shall have been notified in like writing by any Lender prior to a proposed Borrowing Date that such Lender will not make available to the Administrative Agent the amount which would constitute its Commitment Percentage of the borrowing on such Borrowing Date, the Administrative Agent may assume that such Lender has made such amount available to the Administrative Agent on such Borrowing Date, and the Administrative Agent may, in reliance upon such assumption, make available to the applicable Borrower an amount equal to such Xxxxxx's Commitment Percentage of the borrowing on such Borrowing Date. The Administrative Agent shall notify such Borrower as promptly as practicable if such Xxxxxx's Commitment Percentage of such borrowing is not made available to the Administrative Agent on such Borrowing Date. If such amount is made available to the Administrative Agent on a date after such Borrowing Date, such Lender shall pay to the Administrative Agent on demand an amount equal to the product of (i) the daily average overnight federal funds rate during such period as received quoted by the Administrative Agent., times (ii) the amount of such Lender's Commitment Percentage of such borrowing (minus the amount, if any, which such Lender has made available to the Administrative Agent), times (iii) a fraction the numerator of which is the number of days that elapse from and including such Borrowing Date to the date on which such Xxxxxx's Commitment Percentage of such borrowing shall have become immediately available to the Administrative Agent and the denominator of which is 360. A certificate of the Administrative Agent submitted to any Lender with respect to any amounts owing under this subsection 2.3(c) shall be prima facie evidence of the accuracy of the information set forth therein, absent manifest error. If such Xxxxxx's Commitment Percentage of such borrowing is not in fact made available to the Administrative Agent by such Lender within three Business Days of such Borrowing Date, the Administrative Agent

Appears in 1 contract

Samples: 364 Day Credit Agreement (Chevron Phillips Chemical Co LLC)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing of a Revolving Loan shall be made upon the Revolving Credit Commitments during Borrower’s irrevocable (subject to Section 10.5 hereof) written notice delivered to the Revolving Credit Commitment Period on any Business DayAgent in the form of a Notice of Borrowing, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City 11:00 a.m. (Chicago time) (i) on the requested Borrowing date in the case of each Base Rate Loan equal to or less than $1,000,000 and in the case of the Loans to be made on the Restatement Effective Date, (aii) on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan in excess of $1,000,000 but equal to or less than $3,000,000 and (iii) on the day which is three (3) Business Days prior to the requested Borrowing Date, date in the case of Eurodollar Loanseach LIBOR Rate Loan and each Base Rate Loan in excess of $3,000,000; provided, or (b) one Business Day prior that with respect to Loans subsequent to the Loans to be made on the Restatement Effective Date, the Borrower may give notice of the requested Borrowing Dateto the Agent by telephone call, in with such notice confirmed not later than the case following Business Day by delivery to the Agent of Base Rate Loans), specifying a signed Notice of Borrowing. Such Notice of Borrowing shall specify: (i) the amount of the Borrowing (which shall be in an aggregate minimum principal amount of $100,000 and Type multiples of Revolving Credit Loans to be borrowed, $50,000 in excess thereof); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans applicable to such Loans; provided, however, that with respect to the Borrowing to be made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case Restatement Effective Date, such Borrowing will consist of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is Loans only and shall remain so for not less than $1,000,000three (3) Business Days after the Restatement Effective Date. Thereafter, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, Borrower may request that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Loans be made as LIBOR Rate Loans in other amounts pursuant and that Loans be converted to Section 2.4. or continued as LIBOR Rate Loans. (b) Upon receipt of any such notice from the BorrowerNotice of Borrowing, the Administrative Agent shall will promptly notify each Lender thereof. Each Lender will make with a Commitment affected thereby of such Notice of Borrowing and of the amount of its pro rata share such Lender’s Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by Borrower, the proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Restatement Effective Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent by wire transfer (or ACH transfer) of such amount to the Borrower pursuant to the wire transfer instructions specified on the signature page hereto. (d) Each Borrowing of Swing Line Loans shall be made upon the Borrower’s irrevocable notice delivered to the Swing Line Lender in like funds as a form acceptable to the Swing Line Lender (such notice, a “Notice of Swing Line Borrowing”), which notice must be received by the Administrative AgentSwing Line Lender prior to 12:00 p.m. (Chicago time) on the requested Borrowing date.

Appears in 1 contract

Samples: Credit Agreement (Panther Expedited Services, Inc.)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., 2:00 p.m. (New York City time, ) (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). No Revolving Credit Loan may be made as, specifying converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date that is the earlier of (ix) the amount date which is 60 days after the Closing Date and Type (y) the Syndication Date. Each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that borrowings of Base Rate Loans under the Revolving Credit Commitments may be requested in other amounts by the Swing Line Lender may requestLender, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., 12:00 noon (New York City time, ) on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Archstone Smith Operating Trust)

Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the -------- Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the --- ---- Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be The Administrative Agent shall make available to the Borrower the aggregate of the amounts made available to the Borrower Administrative Agent by the Administrative Agent Revolving Credit Lenders in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans ; provided, further, that any borrowing made on the Closing Date shall initially be of Base Rate LoansLoans only and shall require only same day notice to the Agent. Each borrowing of Eurodollar Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf . Each borrowing of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans under the Commitments shall be in other amounts pursuant an amount equal to Section 2.4$250,000 or a whole multiple thereof. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Agent specified in subsection 11.2 prior to 1:00 P.M.11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (National Education Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the Syndication Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 500,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Powerhouse Technologies Inc /De)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing of a Revolving Loan shall be made upon the Revolving Credit Commitments during Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the Revolving Credit Commitment Period on form of a Notice of Borrowing or in a writing in any Business Dayother form acceptable to Agent, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., 2:00 p.m. (New York City time) (i) on the requested Borrowing date of each Base Rate Loan equal to or less than $50,000,000, (aii) on the date which is three (3) Business Days prior to the requested Borrowing Date, date of each Base Rate Loan in excess of $50,000,000 and (iii) on the case of Eurodollar Loans, or day which is three (b3) one Business Day Days prior to the requested Borrowing Date, date in the case of Base each LIBOR Rate Loans), specifying Loan. Such Notice of Borrowing shall specify: (i) the amount and Type of Revolving Credit Loans to the Borrowing (which shall be borrowedin an aggregate minimum principal amount of $100,000, or $5,000,000 in the case of a LIBOR Rate Loan); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate applicable to such Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to . (xb) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any a Notice of Borrowing, Agent will promptly notify each Lender of such notice from Notice of Borrowing and of the amount of such Lender’s Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by Agent by wire transfer of such amount to the Administrative Agent in like funds as received by Borrower pursuant to the Administrative Agentwire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Constar International Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Adjusted Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice Notice of Borrowing (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:30 A.M., New York City Chicago time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to no later than the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowedborrowed and, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefortherefor and (ii) the requested Borrowing Date. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, 1,000,000 such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Adjusted Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share Revolving Credit Percentage of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.2:00 p.m., New York City Chicago time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent as soon as practicable, in accordance with the Administrative Agent's normal practice, after receipt thereof from the Lenders.

Appears in 1 contract

Samples: Restructuring Credit Agreement (Imperial Sugar Co /New/)

Procedure for Revolving Credit Borrowing. The Borrower Company may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Banking Day, provided that the Borrower Company shall give the Administrative Agent irrevocable written notice in substantially the form of Exhibit H hereto (a “Notice of Borrowing”) (which notice notice, except as provided in subsection 2.9, must be received by the Administrative Agent prior to 1:00 P.M.12 Noon, New York City Central time, (a) three Business Banking Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Loans are to be initially Eurodollar Loans, or (b) one Business Banking Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans or Base Rate Loans, or a combination thereof, and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate LoansLoans (except for Base Rate Loans made pursuant to subsection 2.9), $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company, at the Funding Office office of the Administrative Agent specified in subsection 11.2 prior to 1:00 1 P.M., New York City Central time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative AgentAgent in Dollars. Such Except as provided in subsection 2.9, such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Company on the books of such office (or such other account as may be designated by the Company and as may be acceptable to the Administrative Agent) 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 (Kinetic Concepts Inc /Tx/)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), in each case specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments (other than a borrowing under subsections 2.7, 2.19 and 5.5) shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower, each Revolving Lender will make an amount equal to its Funding Commitment Percentage of the principal amount of its pro rata share of each borrowing the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on office of the Borrowing Date requested by the Borrower Administrative Agent specified in subsection 13.2 in funds immediately available to the Administrative Agent. Such Except as otherwise provided in subsection 2.19, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Boston Scientific Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice shall be in the form of Exhibit A-4 attached hereto and must be received by the Administrative Agent prior to 1:00 P.M.10:00 a.m., New York City Chicago, Illinois time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths durations of the initial Interest Periods therefor; provided, that the Borrower may not select any Interest Period therefor. Any Revolving Credit Loans made on for a Eurodollar Loan that has a duration of more than one month during the Closing Date period from the date of this Agreement until March 1, 2001 (or such earlier date as shall initially be Base Rate Loansspecified in its sole discretion by the Arranger in a written notice to the Borrower and the Lenders). Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, at least $1,000,000 or a whole multiple thereof 500,000 (or, if the Availability is then Available RC Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, at least $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.41,000,000. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Not later than 11:00 a.m., Chicago, Illinois time, on such Borrowing Date, each Revolving Credit Lender will shall make available for the amount account of its pro rata share of each borrowing available Applicable Lending Office to the Administrative Agent for at its office specified in Section 13.2 the amount of such Revolving Credit Lender's Pro Rata Share of such borrowing in immediately available funds. After the Administrative Agent's receipt of such funds and upon satisfaction of the applicable conditions set forth in Section 8, the Administrative Agent shall on such date credit the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested books of such office of the Administrative Agent with the aggregate amount of such funds; provided, however, that the Administrative Agent shall first make a portion of such funds equal to the aggregate principal amount of any drawings under any Letter of Credit paid by the Borrower in funds immediately Issuing Lender which have not been reimbursed and remain outstanding on such date, plus accrued and unpaid interest thereon as of such date, available to the Administrative AgentIssuing Lender for reimbursement of such Letter of Credit drawings. Such borrowing will then If any Revolving Credit Lender fails to fund any Revolving Credit Loan as and when required to be made available to the Borrower under this Agreement, and such Revolving Credit Loan is made by the Administrative Agent in like funds as received by or another Revolving Credit Lender, the Administrative AgentAgent or such funding Revolving Credit Lender shall be entitled to recover from such non-funding Revolving Credit Lender, on demand, such unfunded amount with interest thereon calculated from such due date at the rate per annum applicable to Revolving Credit Loans of the Type so funded. A certificate of the Administrative Agent or such funding Revolving Credit Lender submitted to any Revolving Credit Lender with respect to any amounts owing under this Section shall be conclusive in the absence of manifest error.

Appears in 1 contract

Samples: Credit Agreement (Engle Homes Inc /Fl)

Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the -------- Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date which is 60 days after the Closing Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the --- ---- account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be The Administrative Agent shall make available to the Borrower the aggregate of the amounts made available to the Borrower Administrative Agent by the Administrative Agent Revolving Credit Lenders in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent -------- irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 a.m., New York City Houston, Texas time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line -------- Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata --- ---- share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.p.m., New York City Houston Texas time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Reliant Building Products Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent (a) prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBO Rate Loans, or (b) one Business Day prior to 10:00 A.M. New York City time, on the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the Applicable Currency and the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar LIBO Rate Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Each borrowing of Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability then aggregate Available Revolving Credit Commitments is less than $1,000,000, such lesser amount) and ), (y) in the case of Eurodollar LoansLIBO Rate Loans denominated in Dollars, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, and (z) in the case of Revolving Euro Loans, €1,000,000 or a whole multiple of €1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent in the Applicable Currency for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, or 12:00 Noon, London time (in the case of Revolving Euro Loans) on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Tronox Inc)

Procedure for Revolving Credit Borrowing. The Borrower (a) Each of the ---------------------------------------- Borrowers may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the relevant -------- Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, in the case of borrowings by the Company, and 12:00 Noon, London time, in the case of borrowings by any Borrowing Subsidiary, in each case (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans or Foreign Alternate Base Rate Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date Date, (iii) the currency in which such Revolving Credit Loans are to be made and (iiiiv) in the case of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case Dollar Equivalent of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereofthereof (or, if such borrowing is to be made in any Optional Currency, an amount in such Optional Currency approximately equal to such amount); provided, that the Swing Line Lender may request, on behalf of the -------- relevant Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans (in the case of Loans denominated in Dollars) or Eurocurrency Loans (in the case of Loans denominated in any Optional Currency) in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent2.6.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Exide Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business Day, Period; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice notice, which may be given by (A) telephone or (B) a Borrowing Notice, which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, 12:00 Noon (a) three two (2) Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term SOFR Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base or Term SOFR Daily Floating Rate Loans. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans or Term SOFR Daily Floating Rate Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Term SOFR Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided. Any telephonic notice by the Borrower must be confirmed immediately by delivery to the Administrative Agent of a Borrowing Notice specifying therein the requested (i) date of such borrowing, that (ii) the Swing Line Lender may requestamount of Loans requested, on behalf (iii) Type of Loans comprising such borrowing, (iv) Borrower’s account for such Loans and (v) in the Borrowercase of any Loans requested to be made as Term SOFR Loans, borrowings under the Revolving Credit Commitments which are initial Interest Period therefor. If no election as to the Type of Loans is specified in the Borrowing Notice, then the requested Loans shall be Base Rate Loans. If no Interest Period with respect to any Term SOFR Loans is specified in other amounts pursuant any such Borrowing Notice, then the Borrower shall be deemed to Section 2.4have selected an Interest Period of one month’s duration. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, 3:00 PM on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent. Except as otherwise provided herein, a Term SOFR Loan may be continued or converted only on the last day of an Interest Period for such Term SOFR Loan. During the existence of a Default, no Loans may be requested as, converted to or continued as Term SOFR Loans without the consent of the Required Lenders. With respect to SOFR or Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time and, notwithstanding anything to the contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document; provided that, with respect to any such amendment effected, the Administrative Agent shall post each such amendment implementing such Conforming Changes to the Borrower and the Lenders reasonably promptly after such amendment becomes effective.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the (a) Each Borrowing of a Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that Loan shall be made upon the Borrower shall give Representative’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the Administrative Agent irrevocable notice (form of a Notice of Borrowing or in a writing in any other form acceptable to Agent, which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time11:00 a.m. (i) on the requested Borrowing date of each Base Rate Loan (x) equal to or less than $50,000,000 or (y) to be made on the Closing Date, (aii) on the date which is three (3) Business Days prior to the requested Borrowing Date, date of each Base Rate Loan in excess of $50,000,000 and (iii) on the case of Eurodollar Loans, or day which is three (b3) one Business Day Days prior to the requested Borrowing Date, date in the case of Base each LIBOR Rate Loans), specifying Loan. Such Notice of Borrowing shall specify: (i) the amount and Type of Revolving Credit Loans to the Borrowing (which shall be borrowed, in an aggregate minimum principal amount of $100,000); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate applicable to such Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to . (xb) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrowera Notice of Borrowing, the Administrative Agent shall will promptly notify each Lender thereof. Each Lender will make of such Notice of Borrowing and of the amount of its pro rata share of each borrowing available to the Administrative Agent for the account such Lender’s Revolving Loan Commitment Percentage of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested Borrowing. (c) Unless Agent is otherwise directed in writing by the Borrower in funds immediately available to Representative, the Administrative Agent. Such borrowing proceeds of each requested Borrowing after the Closing Date will then be made available to the Borrower Borrowers by Agent no later than (i) 5:00 p.m., in the Administrative Agent case of each Base Rate Loan equal to or less than $50,000,000, and (ii) 2:00 p.m., in like funds as received the case of each Base Rate Loan in excess of $50,000,000 and each LIBOR Rate Loan, in each case, on the relevant Borrowing date by wire transfer of such amount to the Administrative AgentBorrowers pursuant to the wire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Talbots Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business Day, Period; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice notice, which may be given by (A) telephone or (B) a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each Except as provided in Section 3.5, each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided. Any telephonic notice by the Borrower must be confirmed immediately by delivery to the Administrative Agent of a Borrowing Notice specifying therein the requested (i) date of such Borrowing, that (ii) the Swing Line Lender may requestamount of Loans requested, on behalf (iii) Type of Loans comprising such Borrowing, (iv) Borrower’s account for such Loans and (v) in the Borrowercase of any Loans requested to be made as Eurodollar Loans, borrowings under the Revolving Credit Commitments which are initial Interest Period therefor. If no election as to the Type of Loans is specified in the Borrowing Notice, then the requested Loans shall be Base Rate Loans. If no Interest Period with respect to any Eurodollar Loans is specified in other amounts pursuant any such Borrowing Notice, then the Borrower shall be deemed to Section 2.4have selected an Interest Period of one month’s duration. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.3:00 PM, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Loan Commitments during from the Revolving Credit Commitment Period on any Business Day, provided that date hereof until the Borrower shall give Maturity Date pursuant to the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, following procedure: (a) the Borrower, acting through either its: (i) Chief Executive Officer, (ii) Chief Financial Officer, or (iii) any Person designated in writing by the Chief Executive Officer to request Advances (which designation shall be delivered by the Borrower to the Agent), requests an Advance by delivering a Borrowing Request to Agent; (b) in the case of Advances which the Borrower elects to bear interest at the Base Rate Option the Borrowing Request must be delivered to the Agent no later than on or before 11:00 A.M. (Nashville, Tennessee time) on the Borrowing Date, and in the case of Advances which the Borrower elects to bear interest at the LIBOR Option the Borrowing Request must be delivered to the Agent no later than on or before 11:00 A.M. (Nashville, Tennessee time) three (3) Business Days prior to the requested Borrowing Date, in and any Borrowing Request received by Agent after 11:00 A.M. (Nashville, Tennessee time) will be deemed given on the case of Eurodollar Loans, or (b) one next succeeding Business Day prior and all telephonic notices shall be promptly confirmed in writing delivered to the requested Agent; (c) all Borrowing Date, in the case of Base Rate Loans), specifying Requests shall specify (i) the amount of the requested Advance, which amount must be in a minimum amount of $200,000 and Type in increments of Revolving Credit Loans to be borrowed$50,000 for Advances at the Base Rate Option, and in a minimum amount of $2,500,000 and in increments of $500,000 for Advances at the LIBOR Option, (ii) whether the requested Borrowing Date borrowing is to be (A) a new Advance at the LIBOR Option or Base Rate Option or a combination thereof or (B) a conversion from a LIBOR Option to a Base Rate Option or a Base Rate Option to a LIBOR Option or (C) a rollover of an existing Advance at the -15- 22 LIBOR Option, and (iiiiv) if the Advance is to be entirely or partly made as a LIBOR Loan, the chosen Interest Rate Period; (d) at least three (3) Business Days prior to the expiration of any applicable Interest Rate Period for an Advance at the LIBOR Option, the Borrower shall designate a new Applicable Rate, and in the case of Eurodollar Loansevent that the Borrower fails to make such designation, then it shall be conclusively presumed that the respective amounts of each such Type of Loan Borrower has selected the Base Rate Option until designated otherwise; (e) the Borrower authorizes the Agent to cause all Advances to be deposited into the Funding Account; (f) the Agent and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date Lenders shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available have no liability to the Administrative Agent Borrower arising out of their compliance with the borrowing procedure specified in this Section 2.04, except for acts of gross negligence or willful misconduct; and (g) the account giving of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested notice by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to that it is requesting an Advance shall constitute a warranty by the Borrower by that as of the Administrative Agent date of the request and as of the date the Advance is made: (i) no Event of Default or Default Condition has occurred; and (ii) the representations and warranties contained in like funds as received by Article IV of this Agreement remain true, correct, and accurate, except that the Administrative Agentrepresentation contained in the first sentence of Section 4.13 herein shall not be deemed to be a continuing representation.

Appears in 1 contract

Samples: Credit Agreement (Service Experts Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection 10.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (STC Broadcasting Inc)

Procedure for Revolving Credit Borrowing. (a) Unless otherwise determined by the Lender, the terms of the Lender's Sweep Plus product shall control the manner in which funds are transferred between the Operating Account and the Revolving Credit Loan for credit or debit to the Revolving Credit Loan. (b) If the Lender determines that the Lender's Sweep Plus product shall no longer be used for Revolving Credit Loans, the procedure for borrowing set forth in this Subsection 2.3(b) shall apply. The Lender may withdraw the Sweep Plus product at any time in the sole and absolute discretion of the Lender. The Borrower may borrow under the Revolving Credit Commitments Commitment during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent Lender irrevocable notice (which notice must be received by the Administrative Agent Lender prior to 1:00 P.M.11:00 a.m., New York City McLean, Virginia time, (a) three two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, and (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate LoansDate. Each borrowing under pursuant to the Revolving Credit Commitments Commitment shall be in an aggregate principal amount equal to of One Thousand Dollars (x$1,000.00) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case thereof. The proceeds of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the all Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent Lender by transfer of such proceeds in like immediately available funds as received by to a deposit account of the Administrative AgentBorrower at the Lender designated for such purpose. (c) Availability under the Revolving Credit Facility shall be subject to the delivery to the Lender of a Borrowing Base Certificate and updated information pertaining to all RICs in the Lender's possession. Without limiting in any way the provisions of Section 5.2, in no event shall the Lender be obligated to make a Revolving Credit Loan if the Revolving Credit Loan would cause the total principal amount of Revolving Credit Loans made and outstanding to exceed the Revolving Credit Maximum Amount. Even if the total principal amount of Revolving Credit Loans outstanding shall at any time and for any reason exceed the

Appears in 1 contract

Samples: Credit Agreement (Computer Learning Centers Inc)

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Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable -------- notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on Borrowing notices pursuant to this Section 2.5 may be given by telephone so long as each such notice shall be confirmed promptly by delivery to the Closing Date shall initially be Base Rate LoansAdministrative Agent of a written notice of borrowing. Each Subject to Section 3.5, each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,0005,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the -------- Borrower, borrowings under the Revolving Credit Commitments which are Base Rate ABR Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the --- ---- account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 10.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Paragon Health Network Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.10:00 A.M., New York City time, ; (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), in each case specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments (other than a borrowing under subsections 2.7, 2.19 and 5.5) shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower, each Revolving Lender will make an amount equal to its Funding Commitment Percentage of the principal amount of its pro rata share of each borrowing the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on office of the Borrowing Date requested by the Borrower Administrative Agent specified in subsection 13.2 in funds immediately available to the Administrative Agent. Such Except as otherwise provided in subsection 2.19, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Boston Scientific Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to (x) with respect to EurodollarSOFR Loans, 10:00 A.M., New York City time, or (y) with respect to ABR Loans, 1:00 P.M., New York City time, : (a) three U.S. Government Securities Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar Loans, requested Revolving Credit Loans are to be initially EurodollarSOFR Loans or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), in each case specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar EurodollarSOFR Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of EurodollarSOFR Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments (other than a borrowing under subsections 2.16 and 5.5) shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar EurodollarSOFR Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available Prior to the Administrative Agent for the account of the Borrower at the Funding Office prior (x) with respect to 1:00 EurodollarSOFR Loans, 11:00 A.M., New York City time, or (y) with respect to ABR Loans, 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower, each Revolving Lender will make an amount equal to its Funding Commitment Percentage of the principal amount of the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the office of the Administrative Agent specified in writing by the Administrative Agent to the Lenders in funds immediately available to the Administrative Agent. Such Except as otherwise provided in subsection 2.16, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower with the aggregate of the amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Boston Scientific Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the Syndication Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Salton Maxim Housewares Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing of a Revolving Loan shall be made upon Borrower’s irrevocable (subject to Section 10.5 hereof) written notice delivered to Agent in the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Dayform of a Notice of Borrowing, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., (i) 11:00 a.m. (New York City time) on the requested Borrowing date in the case of each Base Rate Loan equal to or less than $5,000,000 and in the case of the initial Loans to be made on the Closing Date, (aii) 3:00 p.m. (New York time) on the date which is one (1) Business Day prior to the requested Borrowing date of each Base Rate Loan in excess of $5,000,000 and (iii) 3:00 p.m. (New York time) on the day which is three (3) Business Days prior to the requested Borrowing Date, date in the case of Eurodollar Loans, or (b) one Business Day prior to the requested each LIBOR Rate Loan. Each Notice of Borrowing Date, in the case of Base Rate Loans), specifying shall specify: (i) the amount of the Borrowing (which shall be in an aggregate minimum principal amount of $100,000 and Type multiples of Revolving Credit Loans to be borrowed, $50,000 in excess thereof); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to contain a LIBOR Rate Loan, the respective amounts Interest Period applicable to each such Loan. (b) Upon receipt of a Notice of Borrowing, Agent will promptly notify each Revolving Lender of such Notice of Borrowing and of the amount of such Lender’s Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by Borrower, the proceeds of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on requested Borrowing after the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by Agent by wire transfer of such amount to Borrower pursuant to the Administrative Agent in like funds wire transfer instructions specified on the signature page hereto, as received such wire transfer instructions may be updated from time to time by the Administrative written notice from Borrower to Agent.

Appears in 1 contract

Samples: Credit Agreement (Ignite Restaurant Group, Inc.)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing shall be made upon the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give Borrower's irrevocable written notice or telephonic notice confirmed promptly in writing delivered to the Administrative Agent irrevocable notice (in the form of a Notice of Borrowing, which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City 10:00 a.m. (Chicago time, ) (ax) on the requested Borrowing date in the case of each Base Rate Revolving Loan and (y) on the day which is three (3) Business Days prior to the requested Borrowing Datedate in the case of each LIBOR Rate Revolving Loan. Such Notice of Borrowing shall specify: (i) the amount of the Borrowing (which, in the case of Eurodollar both LIBOR Rate Revolving Loans and Base Rate Revolving Loans, shall be in an aggregate minimum principal amount of $5,000,000 or (b) one Business Day prior to the requested Borrowing Date, any multiple of $1,000,000 in the case of Base Rate Loansexcess thereof), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, ; (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case of Eurodollar Borrowing is to be comprised o~ Revolving Loans or Base Rate Revolving Loans, ; and (iv) if the respective amounts of each such Type of Loan and the respective lengths of the initial Borrowing is to be LIBOR Rate Revolvi Interest Period therefor. Any applicable to such Revolving Credit Loans Loans; provided, however, that with respect to the Borrowing to be made on the Closing Date shall initially be Base Rate Loans. Each borrowing under Date, the Revolving Credit Commitments Notice of Borrowing shall be in an amount equal delivered to the Administrative Agent not later than 2:00 p.m. (xChicago time) in one Business Day before the case Closing Date and such Borrowing will consist of Base Rate Loans, $1,000,000 or a whole multiple thereof Revolving Loans only. (or, if the Availability is less than $1,000,000, such lesser amountb) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerNotice of Borrowing, the Administrative Agent shall will promptly notify each Lender thereof. Each Lender will make thereof and of the amount of its pro rata share of each borrowing available to the Administrative Agent for the account such Lender's Commitment Percentage of the Borrower at the Funding Office prior Borrowing. (c) After giving effect to 1:00 P.M.any Borrowing, New York City time, on the Borrowing Date requested by the Borrower there shall not be mor~ different Interest Periods in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agenteffect.

Appears in 1 contract

Samples: Credit Agreement (Healthcare Compare Corp/De/)

Procedure for Revolving Credit Borrowing. The Borrower may borrow Five-Year Loans under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Five-Year Loans are to be Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the Facility under which the Borrowing is to be made, (ii) the amount and Type of Revolving Credit Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the Borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iiiv) in if the case Borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Amendment and Restatement Effective Date shall initially be Base Rate ABR Loans. Each borrowing Borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 10,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 9.2 prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then immediately be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Competitive Advance and Revolving Credit Agreement (Tegna Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under Borrowings shall be made on notice from the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give Funds Administrator to the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent x) prior to 1:00 P.M., 12:00 Noon (New York City time), (a) three Business Days prior to the requested Borrowing Dateborrowing date, in if all or any part of the case of requested Revolving Loans are to be Eurodollar LoansLoans and (y) prior to 2:00 P.M. (New York City time), or (b) one on the Business Day prior to of the requested Borrowing Dateborrowing date, in the case with respect to Borrowings of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and borrowing date, (iii) in whether the case Borrowing is to be of Eurodollar Loans, Base Rate Loans, or a combination thereof and (iv) if the Borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing Borrowing under the Revolving Credit Commitments shall be in an amount equal to or in excess of (x) in the case of Base Rate Loans, One Million Dollars ($1,000,000 or a whole multiple thereof 1,000,000) (or, if less, the Availability is less than $1,000,000, such lesser amountthen Total Available Revolving Commitment) and (y) in the case of Eurodollar Loans, One Million Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof1,000,000); provided, however, that any Borrowing of Revolving Loans to be used solely to pay the Swing Line Lender may request, on behalf aggregate amount of the Borrower, borrowings under the Revolving drawing on any Letter of Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make 2.3 (c) may be in the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agentsuch drawing. Such borrowing Borrowing will then be made available to Borrowers by 4:00 P.M. (New York City time) by Administrative Agent’s crediting the Borrower account or accounts of Borrowers designated by the Funds Administrator on the books of such office with the aggregate of the Loans. (i) Each Notice of Borrowing shall be given by, alternatively, telephone, facsimile or electronic E-mail transmission, and, if by telephone or electronic E-mail transmission, confirmed in writing on the same Business Day to the extent requested by Administrative Agent, substantially in the form of Exhibit 2.1(d) (the “Notice of Borrowing”). Each Notice of Borrowing shall be irrevocable by and binding on the Funds Administrator and the Borrowers. (ii) The Funds Administrator shall notify the Administrative Agent in like funds as received by writing of the names of the officers of the Funds Administrator authorized to request Loans on behalf of the Borrowers and specifying which of those officers are also, or, if none are, the other officers that are, authorized to direct the disbursement of Loans in a manner contrary to standing disbursement instructions, and shall provide the Administrative AgentAgent with a specimen signature of each such officer. In the absence of a specification of those officers who are authorized to vary standing disbursement instructions, the Administrative Agent may assume that each officer authorized to request Loans also has such authority. The Administrative Agent shall be entitled to rely conclusively on the authority of such officers of the Funds Administrator to request Loans on behalf of the Borrowers, or to vary standing disbursement instructions, until the Administrative Agent receives written notice to the contrary. The Administrative Agent shall have no duty to verify the authenticity of the signature appearing on any Notice of Borrowing or other writing delivered pursuant to this Section 2.1(d) and, with respect to an oral or electronic E-mail request for Loans, the Administrative Agent shall have no duty to verify the identity of any individual representing himself as one of the officers of the Funds Administrator authorized to make such request on behalf of the Borrowers. Neither the Administrative Agent nor any of the Lenders shall incur any liability to the Funds Administrator or any of the Borrowers as a result of (A) acting upon any telephonic or electronic E-mail notice referred to in this Section 2.1(d) if the Administrative Agent believes in good faith such notice to have been given by a duly authorized officer of the Funds Administrator or other individual authorized to request Loans on behalf of the Borrowers or to direct the disbursement thereof in a manner contrary to standing disbursement instructions, or (B) otherwise acting in good faith under this Section 2.1(d) and an advance made and disbursed pursuant to any such telephonic or electronic E-mail notice shall be deemed to be a Loan for all purposes of this Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (Huntsman Petrochemical Finance Co)

Procedure for Revolving Credit Borrowing. (i) The Borrower may borrow under the Dollar Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (ai) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency Loans, or (bii) one Business Day prior to the requested Borrowing Date, in the case of Base Rate LoansLoans (provided that any such notice for the borrowing of a Base Rate Loan to finance the reimbursement of Dollar Letters of Credit as contemplated by Section 3A.5 may be given not later than 10:00 a.m., New York City time, on the Borrowing Date), specifying (i) in each case, or such later time as is acceptable to the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period thereforAdministrative Agent). Any Dollar Revolving Credit Loans made on the Closing Date were initially Eurocurrency Loans with an Interest Period of one month and such Interest Period with respect to such Loans shall initially be Base Rate Loansremain in effect on the Restatement Effective Date. Each borrowing of Dollar Revolving Credit Loans under the Dollar Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) (provided that a Dollar Revolving Credit Loan that is a Base Rate Loan may be in an aggregate amount that is equal to the entire unused balance of the total Dollar Revolving Credit Commitments or that is required to finance the reimbursement of a Dollar Letter of Credit as contemplated by Section 3A.5) and (y) in the case of Eurodollar Eurocurrency Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Dollar Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Dollar Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Dollar Revolving Credit Lender thereof. Each Dollar Revolving Credit Lender will shall make each Dollar Revolving Credit Loan to be made by it hereunder on the amount Borrowing Date by wire transfer of its pro rata share of each borrowing immediately available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.funds by 12:00 noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then Funding Office; provided that Dollar Swing Line Loans shall be made as provided in Section 2.6. The Administrative Agent will make such Dollar Revolving Credit Loans available to the Borrower by promptly crediting the amounts so received, in like funds, to an account of the Borrower maintained with the Administrative Agent in like funds New York City and designated by the Borrower in the applicable Borrowing Notice; provided further that Dollar Revolving Credit Loans that are Base Rate Loans made to finance the reimbursement of Dollar Letters of Credit as provided in Section 3A.5 shall be remitted by the Administrative Agent to the applicable Dollar Issuing Lender. (ii) Each Borrowing Notice shall be irrevocable and in a form approved by the Administrative Agent and signed by the Borrower. (iii) If no election as to the Type of Dollar Revolving Credit Loans is specified in any Borrowing Notice, then the requested Loans shall be a Base Rate Loan. If no Interest Period is specified with respect to any requested Eurocurrency Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. (i) The Borrower or any Foreign Borrower may borrow under the Multicurrency Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower or such Foreign Borrower shall execute and deliver to the Administrative Agent (and in the case of any Multicurrency Borrowing denominated in a currency other than Dollars, any other applicable Administrative Agent) a written Borrowing Notice, which Borrowing Notice must be received by the Administrative Agent.Agent prior to, (w) in the case of a Multicurrency Revolving Credit Loan denominated in Dollars by the Borrower, 12:00 noon New York City time, (x) in the case of a Multicurrency Revolving Credit Loan denominated in Euros by the Borrower not later than 12:00 noon London, England time, (y) in the case of a Multicurrency Revolving Credit Loan denominated in a currency other than Dollars or Euros by the Borrower not later than 3:00 p.m. London, England time and

Appears in 1 contract

Samples: Credit Agreement (Bucyrus International Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent (a) prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,0002,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata Revolving Credit Percentage share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection 10.2 prior to 1:00 P.M.12:00 Noon, New York City timetime in the case of Eurodollar Loans, and prior to 3:00 P.M. New York City time in the case of ABR Loans, in each case on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office (or such other account as the Borrower may specify in the related borrowing notice) with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (CSC Parent Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type . Each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

Procedure for Revolving Credit Borrowing. The Any Specified Borrower may borrow under the related Specified Revolving Credit Commitments Commitment during the Specified Revolving Credit Commitment Period on any Business Day, provided that the such Specified Borrower shall give the Administrative Specified Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), Specified Notice Time specifying (i) the amount and Type of Revolving Credit Loans currency to be borrowed, (ii) the requested Borrowing Date and Date, (iii) the Type or Types of Loan, (iv) in the case of Eurodollar the Canadian Borrower, if the borrowing is to be entirely or partially of Canadian B/As, the respective amounts and lengths of the initial Canadian Contract Period thereof, and (v) if the borrowing is to be entirely or partly of Eurocurrency Loans, the respective amounts of each such Type of Specified Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Specified Revolving Credit Commitments shall be in an a minimum amount equal to (xA) in the case of Base Rate Loans, the Equivalent Amount of $1,000,000 or a whole multiple thereof 500,000 (or, if the Availability is then Specified Available Revolving Credit Commitments are less than the Equivalent Amount of $1,000,000500,000, such lesser amount) and (B)(x) in the case of Eurocurrency Loans, the Equivalent Amount of $1,000,000 and (y) in the case of Eurodollar LoansCanadian B/As, $1,000,000 C$1,600,000 or a whole multiple of $500,000 C$100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Specified Borrower, the Administrative Specified Agent shall promptly notify each Specified Revolving Credit Lender thereof. Each Specified Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Specified Agent for the account of the Specified Borrower at the Funding Office office of the Specified Agent specified in subsection 12.2 or any Joinder Agreement, as the case may be, prior to 1:00 P.M., New York City time11:00 a.m. local time of the Specified Agent, on the Borrowing Date requested by the Specified Borrower in funds immediately available to the Administrative Specified Agent. Such borrowing will then be made available to the Specified Borrower by the Administrative Specified Agent crediting the account of the Specified Borrower on the books of such office with the aggregate of the amounts made available to the Specified Agent by the Specified Revolving Credit Lenders and in like funds as received by the Administrative Specified Agent.

Appears in 1 contract

Samples: Credit Agreement (Viasystems Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Revolving Credit Loans are to be initially LIBOR Loans, or (b) one on the same Business Day prior to of the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar LIBOR Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of LIBOR Loans, the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, at least $1,000,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is then aggregate Available Commitments are less than $1,000,00010,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection 10.2 prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Mastercard Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of the Funding Office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Grand Union Co /De/)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business Day, Period; provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M., New York City time, P.M. (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type . Each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, provided that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, 4:00 P.M. on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Local Insight Yellow Pages, Inc.)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received CREDIT AGREEMENT by the Administrative Agent prior to 1:00 P.M.10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Revolving Credit Loans are to be initially LIBOR Loans, or (b) one on the same Business Day prior to of the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar LIBOR Loans, ABR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of LIBOR Loans, the respective amounts of each such Type of Revolving Credit Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, at least $1,000,000 10,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is then aggregate Available Commitments are less than $1,000,00010,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4). Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection 9.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Mastercard Inc)

Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower Company shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Alternate Base Rate Loans or a combination thereof, (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Periods therefor and (v) the identity of the Borrower or Borrowers to which the proceeds of the Revolving Credit Loans Loan should be made on the Closing Date shall initially be Base Rate Loansavailable. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Alternate Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 250,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower applicable Borrower(s) at the Funding Office office of the Administrative Agent specified in subsection 11.2 prior to 1:00 P.M.11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower applicable Borrower(s) by the Administrative Agent crediting the account of the applicable Borrowers on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (International Wire Group Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Facility Commitment Period on any Business DayPeriod, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 a.m., New York City time, (a) three U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar EurocurrencySOFR Loans, or (b) one on the same Business Day prior to as the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar EurocurrencySOFR Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Each borrowing of Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof of $500,000 (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar EurocurrencySOFR Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.44.10. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of the amount of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Six Flags Entertainment Corp)

Procedure for Revolving Credit Borrowing. The (a) Each Borrowing of a Revolving Loan shall be made upon Borrower may borrow under Representative’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the form of a Notice of Borrowing or in a writing in any other form acceptable to Agent, which notice (except with respect to the Revolving Credit Commitments during Loan made on the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice Closing Date) must be received by the Administrative Agent prior to 1:00 P.M., 2:00 p.m. (New York City time, ) (ai) on the date which is three Business Days prior to the requested Borrowing Date, date in the case of Eurodollar Loanseach LIBOR Rate Loan, or (bii) on the date which is three Business Days prior to the requested Borrowing date of each Base Rate Loan in excess of $10,000,000, (iii) on the date which is one Business Day prior to the requested Borrowing Date, date of each Base Rate Loan equal to or less than $10,000,000 but more than $5,000,000 and (iv) on the requested Borrowing date in the case of each Base Rate Loans), specifying Loan equal to or less than $5,000,000. Such Notice of Borrowing shall specify: (i) the amount and Type of Revolving Credit Loans to the Borrowing (which shall be borrowed, in an aggregate minimum principal amount of $100,000); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate applicable to such Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to . (xb) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrowera Notice of Borrowing, the Administrative Agent shall will promptly notify each Lender thereof. Each Lender will make of such Notice of Borrowing and of the amount of its pro rata share such Lender’s Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by Borrower Representative, the proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Borrowers by Agent by wire transfer of such amount to the Administrative Agent Borrowers pursuant to the wire transfer instructions specified in like funds as received by the Administrative AgentDisclosure Letter.

Appears in 1 contract

Samples: Credit Agreement (Landec Corp \Ca\)

Procedure for Revolving Credit Borrowing. The Borrower Each of the Borrowers may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower Representative shall give the Administrative Agent irrevocable (in the case of any notice except notice with respect to the initial Extension of Credit hereunder, which shall be irrevocable after the funding (provided that any costs incurred by any Lender in connection with any revocation of such initial notice shall be subject to subsection 4.12) notice in substantially the form attached as Exhibit L (which notice must be received by the Administrative Agent prior to (a) 1:00 P.M., New York City time, (a) at least three Business Days (or, in the case of the initial borrowing of Loans on the Closing Date, one Business Day) (or such shorter period as may be agreed by the Administrative Agent in its reasonable discretion) prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar Loans, requested Revolving Credit Loans are to be initially Eurocurrency Loans or (b) one Business Day prior to 10:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate for ABR Loans), ) specifying (i) the identity of a Borrower, (ii) the amount and Type of Revolving Credit Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the borrowing is to be of Eurocurrency Loans, ABR Loans or a combination thereof and (iiiv) in if the case borrowing is to be entirely or partly of Eurodollar Eurocurrency Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, except any ABR Loan to be used solely to pay a like amount of outstanding Reimbursement Obligations, in multiples of $1,000,000 or a whole multiple thereof 500,000 (or, if the Availability is Commitments then available (as calculated in accordance with subsection 2.1(a)) are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $1,000,000 500,000, or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, Borrower Representative the Administrative Agent shall promptly notify each applicable Revolving Credit Lender thereof. Each Subject to the satisfaction of the conditions precedent specified in subsection 6.2 (and, in the case of the initial Extension of Credit on the Closing Date, subsection 6.1), each applicable Revolving Credit Lender will make the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower identified in such notice at the Funding Office office of the Administrative Agent specified in subsection 11.2 prior to 1:00 3:00 P.M., New York City time (or, if the time period for the Borrower Representative’s delivery of notice was extended, such later time as agreed to by the Borrower Representative and the Administrative Agent in its reasonable discretion, but in no event less than two hours following notice) (or at such earlier time as is agreed by the Borrower Representative and the Administrative Agent, in the case of the initial borrowing hereunder), New York City time, on the Borrowing Date requested by the such Borrower and in funds immediately available to the Administrative Agent. Such borrowing will then be made available to The Administrative Agent shall on such date credit the account of the applicable Borrower by on the books of the Administrative Agent with the aggregate of the amounts made to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Abl Credit Agreement (Uci Holdings LTD)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Working Day, if all or any part of the requested Revolving Credit Loans are to be initially Eurodollar Loans, or on any Business Day, otherwise, provided that the Borrower shall give the Administrative Agent and the Lenders irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 A.M., New York City time, (a) three Business Working Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Alternate Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Alternate Base Rate Loans, $1,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection prior to 1:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such Subject to the satisfaction of the conditions precedent set forth in Section 4, such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (General Cigar Holdings Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 12:30 P.M., New York City time, at least (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, except any ABR Loan to be used solely to pay a like amount of outstanding Reimbursement Obligations or Swing Line Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Subject to the satisfaction of the conditions precedent specified in subsection 6.2, each Revolving Credit Lender will make the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower identified in such notice at the Funding Office office of the Administrative Agent specified in subsection 11.2 prior to 1:00 P.M.12:30 P.M. (or 10:00 A.M., in the case of the initial borrowing hereunder), New York City time, or at such other office of the Administrative Agent or at such other time as to which the Administrative Agent shall notify such Revolving Credit Lender and the Borrower reasonably in advance of the Borrowing Date with respect thereto on the Borrowing Date requested by the Borrower and in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower identified in the notice by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Telex Communications Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing of a Revolving Loan shall be made upon the Revolving Credit Commitments during Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the Revolving Credit Commitment Period on form of a Notice of Borrowing or in a writing in any Business Dayother form acceptable to Agent, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City 11:00 a.m. (Toronto time) (i) on the requested Borrowing date of each Prime Rate Loan, (aii) three on the day which is one (1) Business Day prior to the requested Borrowing date in the case of each BA Rate Loan, and (iii) on the day which is two (2) Business Days prior to the requested Borrowing Date, date in the case of Eurodollar Loans, or (b) one Business Day prior to the requested each LIBOR Rate Loan. Such Notice of Borrowing Date, in the case of Base Rate Loans), specifying shall specify: (i) the amount and Type of Revolving Credit Loans to the Borrowing (which shall be borrowed, in an aggregate minimum principal amount of $100,000); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar Canadian Prime Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, $1,000,000 BA Rate Loans or a whole multiple thereof LIBOR Rate Loans; (or, iv) if the Availability Borrowing is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar to be BA Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereofthe BA Period applicable to such Loans; providedand (v) if the Borrowing is to be LIBOR Rate Loans, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant Interest Period applicable to Section 2.4. such Loans. (b) Upon receipt of any a Notice of Borrowing, Agent will promptly notify each Revolving Lender of such notice from Notice of Borrowing and of the amount of such Lender’s Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Amendment and Restatement Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by Agent by wire transfer of such amount to the Administrative Agent in like funds as received by Borrower pursuant to the Administrative Agentwire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Solo Cup CO)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in a Notice of Borrowing (which notice Notice of Borrowing must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date which is 60 days after the Closing Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Spanish Broadcasting System of Puerto Rico Inc /Pr/)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.10:00 A.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, Loans or (b) one on the Business Day prior to of the requested Borrowing Date, in the case of Base Rate Loansotherwise), in each case specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, ABR Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts amount of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if the Availability is Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Prior to 11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower, each Lender will make an amount equal to its Revolving Credit Commitment Percentage of the principal amount of its pro rata share of each borrowing the Revolving Credit Loans requested to be made on such Borrowing Date available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on office of the Borrowing Date requested by the Borrower Administrative Agent specified in subsection 10.2 in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Boston Scientific Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the (a) Each Borrowing of a Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that Loan shall be made upon the Borrower shall give Representative’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the Administrative Agent irrevocable notice (form of a Notice of Borrowing or in a writing in any other form acceptable to Agent, which notice must be received by the Administrative Agent prior to 1:00 P.M., New York City 2:00 p.m. (Toronto time) (i) on the date which is one (1) Business Day prior to the requested Borrowing date of each Prime Rate Loan equal to or less than $25,000,000, (aii) three on the date which is two (2) Business Days prior to the requested Borrowing Datedate of each Prime Rate Loan in excess of $25,000,000, in (iii) on the case of Eurodollar Loans, or day which is two (b2) one Business Day Days prior to the requested Borrowing Date, date in the case of Base each BA Rate Loans)Loan, specifying and (iv) on the day which is three (3) Business Days prior to the requested Borrowing date in the case of each LIBOR Rate Loan. Such Notice of Borrowing shall specify: (i) the amount and Type of Revolving Credit Loans to the Borrowing (which shall be borrowed, in an aggregate minimum principal amount of $100,000); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar Canadian Prime Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of U.S. Base Rate Loans, $1,000,000 BA Rate Loans or a whole multiple thereof LIBOR Rate Loans; (or, iv) if the Availability Borrowing is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar to be BA Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereofthe BA Period applicable to such Loans; providedand (v) if the Borrowing is to be LIBOR Rate Loans, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant Interest Period applicable to Section 2.4. such Loans. (b) Upon receipt of any such notice from the Borrowera Notice of Borrowing, the Administrative Agent shall will promptly notify each Revolving Lender thereof. Each Lender will make of such Notice of Borrowing and of the amount of its pro rata share of each borrowing available to the Administrative Agent for the account such Lender’s Commitment Percentage of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Date requested Borrowing. (c) Unless Agent is otherwise directed in writing by the Borrower in funds immediately available to Representative, the Administrative Agent. Such borrowing proceeds of each requested Borrowing after the Closing Date will then be made available to the Borrower Borrowers by Agent by wire transfer of such amount to the Administrative Agent in like funds as received by Borrowers pursuant to the Administrative Agentwire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Tembec Industries Inc)

Procedure for Revolving Credit Borrowing. The Borrower Packard may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Banking Day, provided PROVIDED that the Borrower Packard shall give the Administrative Agent irrevocable telephonic notice (promptly confirmed in writing in a Borrowing Notice) (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:30 A.M., New York City time, (a) three Business Banking Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Banking Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit therefor and (iv) the Non-Facility Loans made on the Closing Date shall initially be Base Rate LoansDollar Equivalent. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerPackard, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata PRO RATA share of each borrowing available to the Administrative Agent for the account of the Borrower Packard at the Funding Administrative Agent's Payment Office prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower Packard in Dollars and in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower Packard by the Administrative Agent crediting the account of Packard on the books of such office with the aggregate of the amount made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent (or, in the event that Packard specifies in the relevant Borrowing Notice a different account into which such amounts should be transferred, the Administrative Agent shall transfer to such account the aggregate amount made available to the Administrative Agent by the Revolving Credit Lenders in like funds as received by the Administrative Agent).

Appears in 1 contract

Samples: Credit Agreement (Packard Bioscience Co)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business DayDay in an aggregate principal amount not exceeding the aggregate Available Revolving Credit Commitments then in effect, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all, or any part of, the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 500,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 13.2 prior to 1:00 P.M.2:00 p.m., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Armor Holdings Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable written (or telephonic promptly confirmed in writing) notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing DateDate (which notice may be conditional upon the closing of a Permitted Acquisition to be financed by such borrowing), in the case of Base Rate ABR Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on Each such notice shall be given by the Closing Date shall initially be Base Rate Loans. Borrower in the form of Exhibit J. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in subsection 10.2 prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Lin Television Corp)

Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the -------- Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent --- ---- for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be The Administrative Agent shall make available to the Borrower the aggregate of the amounts made available to the Borrower Administrative Agent by the Administrative Agent Revolving Credit Lenders in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

Procedure for Revolving Credit Borrowing. The Borrower may borrow Five-Year Loans under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Five-Year Loans are to be EurodollarTerm Benchmark Loans, or (b) one Business Day prior to on the requested Borrowing Date, in the case of Base Rate Loansotherwise), specifying (i) the Facility under which the Borrowing is to be made, (ii) the amount and Type of Revolving Credit Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the Borrowing is to be of EurodollarTerm Benchmark Loans, ABR Loans or a combination thereof and (iiiv) in if the case Borrowing is to be entirely or partly of Eurodollar EurodollarTerm Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing Borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 10,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 9.2 prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then immediately be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Competitive Advance and Revolving Credit Agreement (Tegna Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided ; PROVIDED that the Borrower shall give the Administrative Agent an irrevocable notice substantially in the form of EXHIBIT C-1 (a "NOTICE OF BORROWING") (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 a.m., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be Eurodollar Loans, or Loans initially and (b) one Business Day prior to the requested Borrowing Date, in the case of Alternate Base Rate Loans), specifying specifying, in each case: (i) the amount and Type of Revolving Credit Loans to be borrowedthe Borrowing, (ii) the requested Borrowing Date and Date, (iii) in whether the case Borrowing is to be of Eurodollar Loans, Alternate Base Rate Loans or a combination thereof and (iv) if the Borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan Eurodollar Loans and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing Borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Alternate Base Rate Loans, $1,000,000 100,000 or a whole multiple of $100,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share Revolving Credit Commitment Percentage of each borrowing Borrowing available for the account of its Applicable Lending Office to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in SECTION 9.2 prior to 1:00 P.M.p.m., New York City time, on the Borrowing Date requested by the Borrower Borrower, in funds immediately available to the Administrative Agent. Such borrowing 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 amounts made available to the Administrative Agent by the Revolving Credit Lenders and in like funds as received by the Administrative Agent. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Eurodollar Rate Loans, such Interest Period shall be three months. Notwithstanding anything to the contrary contained herein, Revolving Credit Loans, if any, made on the Closing Date must be Alternate Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Aavid Thermal Technologies Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower a Responsible Officer shall give the Administrative Agent irrevocable notice in a Notice of Borrowing (which notice Notice of Borrowing must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date which is 60 days after the Closing Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, 1,000,000 such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Osullivan Industries Holdings Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower shall give the Administrative Agent irrevocable notice in a Notice of Borrowing (which notice Notice of Borrowing must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan having an Interest Period in excess of one month prior to the date which is 60 days after the Closing Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole $500,000 multiple in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 2,000,000 or a whole multiple of $500,000 multiple in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.42.7. Upon receipt of any such notice Notice of Borrowing from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Buffets Inc)

Procedure for Revolving Credit Borrowing. The Borrower Company may borrow under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, provided that the Borrower Company shall give the Administrative Agent irrevocable notice in the form of a Notice of Borrowing (which notice must be received by the Administrative Agent prior to 1:00 P.M.11:00 A.M. (Charlotte, New York City North Carolina time), (a) at least three Business Days prior to the requested Borrowing Date, in if all or any part of the case of requested Revolving Credit Loans are to be initially Eurodollar Loans, or (b) at least one Business Day prior to the requested Borrowing Date, in otherwise; provided that such notice may be given prior to 11:00 A.M. (Charlotte, North Carolina time) on the case of Base Rate LoansClosing Date with respect to Revolving Credit Loans to be made on the Closing Date), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and Date, (iii) in whether the case borrowing is to be of Eurodollar Loans, Base Rate Loans or a combination thereof and (iv) if the borrowing is to be entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans, provided that such Loans may be Converted to Eurodollar Loans pursuant to Section 4.4 after the Closing Date. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is then Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its pro rata share of each borrowing available to the Administrative Agent for the account of the Borrower Company at the Funding Office office of the Administrative Agent specified in Section 11.2 prior to 1:00 P.M., New York City (Charlotte, North Carolina time), on the Borrowing Date requested by the Borrower Company in funds immediately available to the Administrative AgentAgent in Dollars. Such borrowing will then be made available to the Borrower Company by the Administrative Agent crediting the account of the Company on the books of such office (or such other account as may be designated by the Company and as may be acceptable to the Administrative Agent) 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 (Juno Lighting Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under (a) Each Borrowing of a Revolving Loan shall be made upon the Revolving Credit Commitments during Borrower’s irrevocable (subject to Section 10.5) written notice delivered to Agent substantially in the Revolving Credit Commitment Period on form of a Notice of Borrowing or in a writing in any Business Dayother form acceptable to Agent, provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 P.M.p.m. (Chicago time) (i) (x) on the date of the requested Borrowing or (y) on the date that is one (1) Business Day prior to the requested Borrowing date, New York City timein each case, with respect to each Base Rate Loan; provided, that any Base Rate Loan made on the same day that notice is given shall not exceed $5,000,000, and (aii) on the day which is three (3) Business Days prior to the requested Borrowing Date, date in the case of Eurodollar Loans, or (b) one Business Day prior to the requested each LIBOR Rate Loan. Such Notice of Borrowing Date, in the case of Base Rate Loans), specifying shall specify: (i) the amount of the Borrowing (which shall be in an aggregate minimum principal amount of $500,000 and Type integral multiples of Revolving Credit Loans to be borrowed, $100,000 in excess of that amount); (ii) the requested Borrowing Date and date, which shall be a Business Day; (iii) in whether the case Borrowing is to be comprised of Eurodollar LIBOR Rate Loans or Base Rate Loans; and (iv) if the Borrowing is to be LIBOR Rate Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate applicable to such Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to . (xb) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any a Notice of Borrowing, Agent will promptly notify each Revolving Lender of such notice from Notice of Borrowing and of the amount of such Lender’s Commitment Percentage of the Borrowing. (c) Unless Agent is otherwise directed in writing by the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Each Lender will make the amount of its pro rata share proceeds of each borrowing available to requested Borrowing after the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M., New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by Agent by wire transfer of such amount to the Administrative Agent in like funds as received by Borrower pursuant to the Administrative Agentwire transfer instructions specified on the signature page hereto.

Appears in 1 contract

Samples: Credit Agreement (Entravision Communications Corp)

Procedure for Revolving Credit Borrowing. The Borrower Subject to Section 2.4(c), the Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided provided, that the Borrower Company shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.2:00 p.m., New York City time, (a) three two Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one two Business Day Days prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Eurodollar Loans. Each borrowing Borrowing Notice shall specify (A) the date of such proposed Borrowing, (B) the aggregate amount of such proposed Borrowing and whether the Borrower is the Company or MVCFS, (C) the initial Interest Period or Interest Periods for such Loans and (D) the Available Credit (after giving effect to the proposed Borrowing). Each Borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Notice from the BorrowerCompany, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Lender will make the amount of its pro rata share of each borrowing available Prior to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.11 a.m., New York City time, on the Borrowing Date requested by the Company, each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of each borrowing of Revolving Credit Loans available to the applicable Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower at an account designated by the Administrative Agent Company in like funds as received by the Administrative Agentsuch Borrowing Notice. The Company may not request more than four Borrowings per month.

Appears in 1 contract

Samples: Credit Agreement (MVC Capital, Inc.)

Procedure for Revolving Credit Borrowing. The Borrower may borrow Five-Year Loans under the Revolving Credit Commitments during the Revolving Credit Commitment Period on any Business Day, ; provided that the Borrower shall give the Administrative Agent irrevocable notice (which notice must be received by the Administrative Agent prior to 1:00 12:00 P.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar requested Five-Year Loans are to be Term Benchmark Loans, or (b) one Business Day prior to on the requested Borrowing Date, otherwise (other than in the case of Base Rate Swingline Loans)), specifying (i) the Facility under which the Borrowing is to be made, (ii) the amount and Type of Revolving Credit Loans to be borrowed, (iiiii) the requested Borrowing Date Date, (iv) whether the Borrowing is to be of Term Benchmark Loans, ABR Loans or a combination thereof and (iiiv) in if the case Borrowing is to be entirely or partly of Eurodollar Term Benchmark Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period Periods therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing Borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 10,000,0005,000,000 or a whole multiple thereof (or, if the Availability is less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $500,000 1,000,000500,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice from the Borrower, the Administrative Agent shall promptly notify each relevant Lender thereof. Each relevant Lender will make the amount of its pro rata share of each borrowing Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office office of the Administrative Agent specified in Section 9.2 prior to 1:00 2:00 P.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent; provided that Swingline Loans shall be made as provided in Section 2.22. Such borrowing Borrowing will then immediately be made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Competitive Advance and Revolving Credit Agreement (Tegna Inc)

Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period on any Business DayPeriod, provided that the Borrower shall give deliver to the Administrative Agent irrevocable notice a Borrowing Notice (which notice Borrowing Notice must be received by the Administrative Agent prior to 1:00 P.M.12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans), specifying (i) the amount and Type . Each borrowing of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor. Any Revolving Credit Loans made on the Closing Date shall initially be Base Rate Loans. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple in excess thereof (or, if the Availability is then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $1,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments which are Base Rate Loans in other amounts pursuant to Section 2.4. Upon receipt of any such notice Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 1:00 P.M.12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower by the Administrative Agent in like funds as received by the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

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