Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 6 contracts
Samples: Credit Agreement (Cinemark Holdings, Inc.), Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Usa Inc /Tx)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to (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 Business Day prior to 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving ; provided that any such notice of a borrowing of Base Rate Loans to finance the reimbursement of a Letter of Credit Loans made as contemplated by Section 3.5 may be given not later than 10 A.M., New York City time, on the Restatement Closing Date shall initially be Base Rate Loansdate of 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 $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,0001,000,000 or such incremental amount, such lesser amount) and (y) ); provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereofother amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender of the relevant Class thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage 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 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (National CineMedia, Inc.), 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent (i) prior to 12:00 Noon, 11:00 A.M. (local time in New York City timeCity) or such later time as agreed to by the Administrative Agent in its sole discretion, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Term SOFR Loans, or (bii) one Business Day prior to 11:00 A.M. (local time in New York City) on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the 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, $3,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon, 1:00 P.M. (local time in New York City time, City) on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement, 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 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 promptly made The Administrative Agent shall make 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 4 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Procedure for Revolving Credit Borrowing. The Borrower may borrow Revolving Credit Loans under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment Period, Day; provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 Credit Loans are to be Eurodollar Loans, or (b) one Business Day prior to the requested borrowing date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested borrowing date, (iii) whether the Borrowing Dateis to be of Eurodollar Loans, in ABR Loans or a combination thereof and (iv) if the case Borrowing is to be entirely or partly of Base Rate Eurodollar Loans). Any Revolving Credit Loans made on , the Restatement Closing Date shall initially be Base Rate Loansrespective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing of Revolving Credit Loans 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 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 12:00 Noon11:00 A.M., New York City time, on the Borrowing Date borrowing date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then immediately be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 3 contracts
Samples: 364 Day Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp), Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp), Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems Corp)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a irrevocable Notice of Borrowing Notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 12:00 noon New York City time on the day of 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. Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate LoansLoans and no Revolving Credit Loan may be made as, converted into or continued as a Eurodollar Loan if the last day of the Interest Period with respect thereto would occur on or after the Revolving Credit Termination 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, $1,000,000 100,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 Revolving Credit Percentage 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 12:00 Noon1:00 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 promptly 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 Lenders and 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 2 contracts
Samples: Credit Agreement (Imperial Holly Corp), Credit Agreement (Imperial Holly Corp)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice (irrevocable written notice, which Borrowing Notice notice must be received by the Administrative Agent prior to (a) 12:00 NoonP.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBOR Loans or CD Rate Loans, or (b) one Business Day prior to 10:30 A.M. New York City time, on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Revolving Credit ABR Loans, CD Rate Loans, LIBOR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of LIBOR Loans or CD Rate Loans, the respective lengths of the initial Interest Periods therefor. 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 10,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 8.2 prior to 12:00 Noon2:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Dominion Resources Inc /Va/), Credit Agreement (Virginia Electric & Power Co)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any , specifying (i) the amount and Type of Revolving Credit Loans made on to be borrowed, (ii) the Restatement Closing requested Borrowing Date shall initially be Base Rate and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Perkinelmer Inc), Credit Agreement (Perkinelmer Inc)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice may be telephonic and must be received by the Administrative Agent prior to 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 Eurodollar Loans, or (b) one Business Day prior to the requested Borrowing Date, in otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the 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 Periods therefor. Any Revolving Credit Loans made on such telephonic borrowing notice shall be confirmed promptly by a written borrowing notice to the Restatement Closing Date shall initially be Base Rate LoansAdministrative Agent, delivered by hand or by telecopy. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Alternate Base Rate Loans, $500,000 or a whole multiple of $100,000 in excess thereof (or, if the then Available Revolving Credit Commitments are less than $500,000, such lesser amount) and (B) in the case of Eurodollar Loans, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 250,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in Section 12.2 prior to 12:00 Noon12:30 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 promptly 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 2 contracts
Samples: Credit Agreement (Cooperative Computing Inc /De/), Credit Agreement (Cooperative Computing Inc /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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Cinemark Usa Inc /Tx), Credit Agreement (Cinemark Usa Inc /Tx)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Effective Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Pinnacle Entertainment Inc), Credit Agreement (Pinnacle Entertainment Inc)
Procedure for Revolving Credit Borrowing. The Each Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the such Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 Borrowers, borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.24. Upon receipt of any such Borrowing Notice from the a 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the such Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the relevant 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)
Procedure for Revolving Credit Borrowing. The Each Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the such Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Effective 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 Effective 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice from the a 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the such Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the relevant 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on made, converted or continued before the Restatement Closing Syndication Date shall initially be Base Rate LoansLoans or Eurodollar Loans having an Interest Period of one month. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Dobson Communications Corp), Credit Agreement (Dobson Communications Corp)
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the applicable Borrower shall deliver to give the Administrative Agent irrevocable notice in a Notice of Borrowing Notice (which Notice of Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Notice of Borrowing Notice from the a 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 applicable Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the applicable 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Regal Cinemas Corp), Credit Agreement (Regal Entertainment Group)
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period; provided that, provided that the Borrower Representative shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be (x) received by the Administrative Agent (i) prior to 12:00 Noon, 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 (bii) one Business Day prior to 10:00 A.M. (New York City time) on the requested Borrowing Date, in the case of Base Rate LoansLoans and (y) accompanied by a pro forma Borrowing Base Certificate). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 250,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000less, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 250,000 in excess thereofthereof (or, if the then aggregate Available Revolving Credit Commitments are less, such lesser amount). Upon receipt of any such Borrowing Notice from the BorrowerBorrower Representative, 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the applicable Borrower indicated on the applicable Borrowing Notice at the Funding Office prior to 12:00 Noon, 11:30 A.M. (New York City time, ) on the Borrowing Date requested by the Borrower Representative in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the applicable 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Franklin BSP Realty Trust, Inc.), Credit Agreement (Benefit Street Partners Realty Trust, 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to (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) 1:00 p.m., New York City time, one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon1:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Villa Pines Care LLC), Credit Agreement (Gallipolis Care LLC)
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 during the Revolving Credit Commitment PeriodDay, provided PROVIDED that the such Specified Borrower shall deliver to give the Administrative Specified Agent a Borrowing Notice (which Borrowing Notice must be received irrevocable notice by the Administrative Agent prior Specified Notice Time specifying (i) the amount and currency to 12:00 Noon, New York City timebe borrowed, (aii) three Business Days prior to the requested Borrowing Date, in (iii) the case Type or Types of Eurodollar Loan, and (iv) if the borrowing is to be entirely or partly of Eurocurrency Loans, or (b) one Business Day prior to the requested Borrowing Date, in respective amounts of each such Type of Specified Loan and the case respective lengths of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loansinitial Interest Periods therefor. Each borrowing of Revolving Credit Loans under the Specified Revolving Credit Commitments shall be in an a minimum amount equal to (xA) in the case of Base Rate Loans, $1,000,000 or a whole multiple the Equivalent Amount of $200,000 in excess thereof 250,000 (or, if the then aggregate Specified Available Revolving Credit Commitments are less than the Equivalent Amount of $1,000,000, such lesser amount) and (yB) in the case of Eurodollar Eurocurrency Loans, $3,000,000 or a whole multiple the Equivalent Amount of $500,000 in excess thereof1,000,000. Upon receipt of any such Borrowing Notice 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 its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans 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 prior to 12:00 Noon, 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 promptly 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 Administrative Specified Agent by the Specified Revolving Credit Lenders and in like funds as received by the Administrative Specified Agent.
Appears in 2 contracts
Samples: Credit Agreement (Allotech International Inc), Credit Agreement (Allotech International 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to (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) 11:00 A.M., New York City time, one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any 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 earlier of (i) date which is 60 days after the Restatement Closing Effective Date shall initially be Base Rate Loansand (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 of $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,0001,000,000 or such incremental amount, such lesser amount) and (y) ); provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereofother amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender of the relevant Class thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage 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 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (National CineMedia, LLC)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 Restatement Closing Date shall initially be Base Rate LoansLoans but thereafter may be converted in accordance with Section 2.11. 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 $200,000 250,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 250,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii)
Procedure for Revolving Credit Borrowing. The Borrower may borrow Loans under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period; provided that, provided that the Borrower shall deliver to the Administrative Agent and the Lenders a written Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon, 11:00 A.M. (New York City time, (a) three two Business Days prior to the requested Borrowing Date). Each such Borrowing Notice shall specify the date of such borrowing (which shall be a Business Day), in the case aggregate amount of Eurodollar the requested Loans, or (b) one Business Day prior and the wiring instructions of the Borrower’s account to the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially which funds are to be Base Rate Loansdisbursed. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments hereunder shall be in an amount equal to (x) in the case of Base Rate Loans, $1,000,000 or a whole multiple of $200,000 250,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000less, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at indicated on the Funding Office applicable Borrowing Notice to the Administrative Agent’s Account prior to 12:00 Noon, 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 Upon receipt of all requested funds, such borrowing will then be promptly 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 by promptly wiring the amounts made available to the Administrative Agent by the Revolving Lenders and so received in like funds as received by in accordance with the Administrative AgentBorrowing Notice.
Appears in 2 contracts
Samples: Loan and Security Agreement (Benefit Street Partners Realty Trust, Inc.), Loan and Security Agreement (Benefit Street Partners Realty Trust, Inc.)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon11:00 A.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, or (b) one Business Day prior to the requested Borrowing Date, otherwise), specifying in each case (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , Prime Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Base Rate Prime Loans, $1,000,000 100,000 or a whole multiple of $200,000 100,000 in excess thereof (or, if the then aggregate Aggregate Available Revolving Credit Commitments are less than $1,000,000100,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $3,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 thereof not later than 3:00 P.M., New York City time, on the amount of each borrowing of Revolving Credit Loans available to date the Administrative Agent for the account of the Borrower at the Funding Office prior to receives such notice. Not later than 12:00 Noon, New York City time, on the each requested Borrowing Date each Revolving Lender shall make an amount equal to its Revolving Credit Commitment Percentage of the principal amount of the Revolving Credit Loans requested by the Borrower in funds immediately to be made on such Borrowing Date available to the Administrative AgentAgent at its office specified in subsection 11.2 in U.S. Dollars and in immediately available funds. Such borrowing will then be promptly made available to the Borrower by the The Administrative Agent crediting shall on such date credit 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement 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 five Business Days after the Closing 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, $1,000,000 250,000 or a whole multiple of $200,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000250,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.7 and the Borrower may request borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 3.5. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement (Chefford Master Manufacturing Co Inc), Credit Agreement (UCI Holdco, 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any 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 Restatement Closing Date shall initially be Base Rate LoansSyndication 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Serologicals 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Effective 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 earlier of (x) 30 days after the Effective Date, and (y) 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided PROVIDED that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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 otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amounts of such Type of Loan and the lengths of the initial Interest Periods therefor. 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 ABR Loans, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 11.2 prior to 12:00 Noon11:00 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 promptly 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
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement 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 week prior to the date which is the earlier of (i) 90 days after the Closing Date and (ii) the date on which the Arrangers have completed the primary syndication of the Facilities. 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 3,000,000 or a whole multiple of $200,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,0003,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof or, if the then aggregate Available Revolving Credit Commitments are less than $3,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon11:00 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 on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon1:00 P.M., New York City timeChicago time (in the case of a Borrowing of Base Rate Loans in respect of which notice of such borrowing is given on such Borrowing Date) or 11:00 A.M., Chicago time (in the case of any other borrowing), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day in an aggregate principal amount not exceeding the lesser of (A) the aggregate Available RC Commitments then in effect and (B) the excess of the Revolver Borrowing Base then in effect over the aggregate Outstanding RC Extensions of Credit; provided, provided that the Borrower Borrowers shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 a.m., New York City time, (a) three Business Days prior to on the requested Borrowing Date, in specifying (i) the case of Eurodollar Loansamount to be borrowed, or and (bii) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the BorrowerBorrowers, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Unless the Administrative Agent has elected under Section 5.6(a) to make an Agent’s Advance on behalf of the Lenders in the amount of such borrowing, each Lender will make its Revolving Credit Percentage of the amount of each it pro rata share of such borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower Borrowers at the Funding Office office of the Administrative Agent specified in Section 12.6 prior to 12:00 Noon11:00 a.m., New York City time, on the Borrowing Date requested by the Borrower Borrowers in funds immediately available to the Administrative Agent. Such , and, in either case, such borrowing will then be promptly made available to the Borrower Borrowers on the day so requested by way of credit to the Borrowers’ operating account at such bank as the Borrowers may designate following a notice to the Administrative Agent crediting the account of the Borrower on the books of such office with the aggregate of the amounts in immediately available funds. Deemed Borrowings shall be made available to the Administrative Agent Borrowers by disbursement of the Revolving Lenders and in like funds as received by proceeds thereof to the Administrative Agentobligees of the Obligations giving rise to such borrowings.”
Appears in 1 contract
Samples: Credit Agreement (Steinway Musical Instruments 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon3:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower Company may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower Company shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon11:00 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 otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amounts of such Type of Loan and the lengths of the initial Interest Periods therefor. 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 ABR Loans, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the BorrowerCompany, 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 Company at the Funding Office office of the Administrative Agent specified in subjection 10.2 prior to 12:00 Noon, 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 promptly 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 (Gentek Inc)
Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided provided, that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon1:00 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). Any Revolving Credit Loans made on the Restatement Closing Spin-Off Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 Loan Percentage 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 12:00 Noon1:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
(b) With respect to any request for Base Rate Loans, in lieu of delivering the above-described Borrowing Notice, the Borrower may give the Administrative Agent telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice, provided, however, that the Administrative Agent shall be entitled to rely on the telephonic notice in making such Revolving Credit Loans. Any Borrowing Notice (or telephonic notice in lieu thereof) shall be irrevocable and the Borrower shall be bound to borrow the funds requested therein in accordance therewith. The Administrative Agent shall not incur any liability to the Borrower as a result of acting upon any Borrowing Notice, which notice the Administrative Agent believes in good faith to have been given by an officer duly authorized by the Borrower to request Revolving Credit Loans on its behalf or for otherwise acting in good faith, and the crediting of Revolving Credit Loans to the Borrower's deposit account, or transmittal to such Person as the Borrower shall direct, shall conclusively establish the obligations of Borrowers to repay such Revolving Credit Loans as provided herein.
Appears in 1 contract
Samples: Credit Agreement (Anc Rental 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to (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). Any 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 Restatement earlier of (i) date which is 60 days after the Closing Date shall initially be Base Rate Loansand (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 of $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,0001,000,000 or such incremental amount, such lesser amount) and (y) ); provided, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereofother amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender of the relevant Class thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage 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 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower Borrowers shall deliver to give the Administrative Agent a Borrowing Notice irrevocable written notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 Loans, requested Revolving Credit Loans are to be initially LIBOR Loans or (b) one Business Day prior to the requested Borrowing Date, in otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate LIBOR Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of LIBOR Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 100,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the BorrowerBorrowers, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Upon receipt of such notice from the Administrative Agent, each 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 Borrowers at the Funding Office office of the Administrative Agent specified in subsection 10.2 prior to 12:00 Noon11:00 a.m., New York City time, on the Borrowing Date requested by the Borrower Borrowers in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower Borrowers by the Administrative Agent crediting the account of the Borrower Company on the books of such office 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
Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided provided, that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon1:00 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). Any Revolving Credit Loans made on the Restatement Closing Spin-Off Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.4. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon1:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
(b) With respect to any request for Base Rate Loans, in lieu of delivering the above-described Borrowing Notice, the Borrower may give the Administrative Agent telephonic notice of such request by the required time, with such telephonic notice to be confirmed in writing within 24 hours of the giving of such notice, provided, however, that the Administrative Agent shall be entitled to rely on the telephonic notice in making such Revolving Credit Loans. Any Borrowing Notice (or telephonic notice in lieu thereof) shall be irrevocable and the Borrower shall be bound to borrow the funds requested therein in accordance therewith. The Administrative Agent shall not incur any liability to the Borrower as a result of acting upon any Borrowing Notice, which notice the Administrative Agent believes in good faith to have been given by an officer duly authorized by the Borrower to request Revolving Credit Loans on its behalf or for otherwise acting in good faith, and the crediting of Revolving Credit Loans to a Borrower's deposit account, or transmittal to such Person as the Borrower shall direct, shall conclusively establish the obligations of Borrowers to repay such Revolving Credit Loans as provided herein. Set forth on Schedule 2.2 hereto is the account of the Borrower to which the Administrative Agent is authorized to transfer the proceeds of the Revolving Credit Loans and the names of the officers authorized to request Revolving Credit Loans on behalf of the Borrower. Until the Administrative Agent receives written notice to the contrary, the Administrative Agent shall be entitled to rely conclusively on such officer's authority to request Revolving Credit Loans on behalf of the Borrower, the proceeds of which are to be transferred to any of the accounts specified by the Borrower pursuant to the immediately preceding sentence. The Administrative Agent shall have no duty to verify the identity of any individual representing him or herself as one of the officers authorized by the Borrower to make such requests on its behalf.
Appears in 1 contract
Samples: Credit Agreement (Anc Rental Corp)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that provided, that, the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon11:00 A.M., (New York City time, ) at least (a) three (3) 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 SOFR Rate Loans, or (b) one Business Day prior to the requested Borrowing Date, otherwise), specifying in each case (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base SOFR Rate Loans). Any Revolving Credit , Prime Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base entirely or partly of SOFR Rate Loans, the amount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Base Rate Prime Loans, $1,000,000 100,000 or a whole multiple of $200,000 100,000 in excess thereof (or, if the then aggregate Aggregate Available Revolving Credit Commitments are less than $1,000,000100,000, such lesser amount) and (yB) in the case of Eurodollar SOFR Rate Loans, $3,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 thereof not later than 3:00 P.M., New York City time, on the amount of each borrowing of Revolving Credit Loans available to date the Administrative Agent for the account of the Borrower at the Funding Office prior to receives such notice. Not later than 12:00 Noon, New York City time, on the each requested Borrowing Date each Revolving Lender shall make an amount equal to its Revolving Credit Commitment Percentage of the principal amount of the Revolving Credit Loans requested by the Borrower in funds immediately to be made on such Borrowing Date available to the Administrative AgentAgent at its office specified in subsection 11.2 in U.S. Dollars and in immediately available funds. Such borrowing will then be promptly made available to the Borrower by the The Administrative Agent crediting shall on such date credit 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Napco Security Technologies, Inc)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 Restatement Closing Date shall initially be Base Rate Loans, and may be converted to Eurodollar Loans after the Closing Date pursuant to Section 2.11. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower Borrowers shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon(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 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing 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. 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 $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swing Line Lender may, on behalf of the Borrowers, request borrowings of ABR Loans under the Revolving Credit Commitments in amounts other than those specified above to the extent necessary to repay Refunded Swing Line Loans. Upon receipt of any such Borrowing Notice notice from the either 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 relevant Borrower at the Funding Office office of the Administrative Agent specified in Section 11.2 prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the such Borrower by the Administrative Agent crediting the account of the such 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 (Ddi Corp)
Procedure for Revolving Credit Borrowing. The A Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the such Borrower shall deliver to give the Administrative Agent a borrowing request in the form of Exhibit B-1 hereto (hereinafter, a “Borrowing Notice Request”) (which Borrowing Notice Request must be received by the Administrative Agent prior to 12:00 Noon11:00 A.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 on the requested Borrowing Date, in the case of Base Rate Loans, provided that requests for Base Rate Loans not received prior to 11:00 A.M., New York City time on the requested Borrowing Date shall be deemed received on the following Business Day). Any , and must specify (i) the amount and Type of Revolving Credit Loans made on to be borrowed, (ii) the Restatement Closing requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor; provided, however, that if a Borrower wishes to request Eurodollar Loans having an Interest Period of nine or twelve months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 A.M. New York City time, four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall initially give prompt notice to the Lenders of such request and determine whether the requested Interest Period is unavailable to any of them. Not later than 10:00 A.M. New York City time, three Business Days before the requested date of such borrowing, the Administrative Agent shall notify such Borrower (which notice may be Base Rate Loansby telephone) whether or not the requested Interest Period is unavailable to any Lender. If a Borrower requests a borrowing of Eurodollar Loans in any Borrowing Request, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 any Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.4. Upon receipt of any such Borrowing Notice notice from the a 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the such Borrower at the Funding Administrative Agent’s Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the such 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (White Mountains Insurance Group LTD)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noonnoon, 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 500,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple thereof; provided that the Swing Line Lender may request, on behalf of $500,000 the Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in excess thereofother amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noonnoon, 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments and Additional Revolving Credit Commitments during the applicable Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon11:30~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 or Additional Revolving Credit Loans are to be initially Eurodollar Loans, or (b) one b)~one Business Day prior to the requested Borrowing Date, in otherwise, specifying (i)~the amount to be borrowed, (ii)~the requested Borrowing Date, (iii)~whether the case borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv)~if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial interest Periods therefore. Each borrowing of by the Borrower under the Revolving Credit Loans under the Commitments or Additional 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 $200,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments or Available Additional Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 9.2 prior to 12:00 Noon11:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may --------------------------------------------- borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice (irrevocable -------- written notice, which Borrowing Notice notice must be received by the Administrative Agent prior to (a) 12:00 NoonP.M., New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LIBOR Loans or CD Rate Loans, or (b) one Business Day prior to 10:30 A.M. New York City time, on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate ABR Loans. Each such notice shall specify (i) the amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Revolving Credit ABR Loans, CD Rate Loans, LIBOR Loans, or a combination thereof and (iv) if the borrowing is to be entirely or partly of LIBOR Loans or CD Rate Loans, the respective lengths of the initial Interest Periods therefor. 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 10,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 8.2 prior to 12:00 Noon2:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Virginia Electric & Power Co)
Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, ; provided that the Borrower shall deliver to the Administrative Agent (with a copy to the Escrow Agent) and, in respect of any borrowing on the Closing Date, the Fronting Lender, a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent and the Fronting Lender (as applicable) prior to (a) 12:00 Noon, New York City time, (a) three two Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansSOFR Loans (or, in the case of any borrowing of SOFR Loans on the Closing Date, not later than 11:00 A.M., New York City time, one Business Day prior to the Closing Date), or (b) 11:00 A.M., New York City time, one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 500,000 or a whole multiple of $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000 or such incremental amount, such lesser amount). Each Borrowing Notice shall specify (i) the requested Borrowing Date, (ii) the principal amount of Revolving Credit Loans to be borrowed and (yiii) in the case Type of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Revolving Credit Loans to be borrowed.
(b) Upon receipt of any such a Borrowing Notice from the BorrowerBorrower for a borrowing on the Closing Date, the Administrative Agent shall promptly notify the Fronting Lender, the Escrow Agent and each Revolving Credit Lender thereof. Each Revolving Credit Lender will make (or the Fronting Lender on behalf of each of the Revolving Credit Lenders that has agreed to have its Revolving Credit Percentage of the amount of each borrowing of Revolving Credit Loans Commitments funded by such Fronting Lender) shall make available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Closing Date requested by the Borrower in funds immediately available to the Administrative Agent, the amount so requested by the Borrower in the Borrowing Notice (as reduced by any fees and expenses due and payable by the Loan Parties on such funding date). Such borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
(c) Upon receipt of a Borrowing Notice from the Borrower for a borrowing on any date following the Closing Date, the Administrative Agent shall promptly notify each Revolving Credit Lender. The Administrative Agent will deliver a request for withdrawal (such request, a “Withdrawal Request”) to the Escrow Agent under the Escrow Agreement by no later than 12:00 Noon, New York City time, on the immediately succeeding Business Day following the date of receipt of such Borrowing Notice, which such Withdrawal Notice will request a Withdrawal for disbursement, on behalf and at the direction of the Administrative Agent, to the Borrower on the proposed Borrowing Date to the account of the Borrower specified in the Borrowing Notice. The Escrow Agent will then make available to the Borrower the amount of the Withdrawal in accordance with the Withdraw Request from the Administrative Agent and the Escrow Agreement (each such Withdrawal being a “Loan” hereunder). Any disbursement made pursuant to a Withdrawal Request can only be made from funds in the Loan Proceeds Account.
(d) Without prejudice to the Administrative Agent’s and the Borrower’s rights under Section 2.24(b), in the event that any Lender objects to the release of funds from the Loan Proceeds Account following the delivery of a Borrowing Notice by the Borrower hereunder, the amount of the Withdrawal for disbursement to the Borrower in accordance with Section 2.5(b) shall equal the amount of the requested borrowing as set forth in the Borrowing Notice less the amount of such objecting Lender’s Revolving Credit Percentage of the Revolving Credit Loans so requested to be funded on the applicable Borrowing Date (and the Administrative Agent shall update the Register to reflect the unfunded portion of the Withdrawal in accordance with Section 2.8(c)).
Appears in 1 contract
Samples: Revolving Credit Agreement (National CineMedia, Inc.)
Procedure for Revolving Credit Borrowing. The Each Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the such Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 Borrowers, borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.24. Upon receipt of any such Borrowing Notice from the a 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the such Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by such Borrower (or, solely in the Borrower case of same day Borrowings of Base Rate Loans, prior to 2:00 p.m., New York City time, on such Borrowing Date) in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the relevant 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 specifying (i) the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing amount of Revolving Credit Loans to be borrowed and (ii) the requested Borrowing 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof). Upon receipt of any such Borrowing Notice 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 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 promptly made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office the Funding Office 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. With respect to loans of $5,000,000 or less, the Borrower may request borrowings under the Revolving Credit Commitments in an amount equal to $500,000 or a whole multiple thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $500,000, such lesser amount), and the Administrative Agent shall make such Revolving Credit Loans available to the Borrower by 4:00 p.m., New York City time, on the same Business Day that the Borrower gives notice to the Administrative Agent of such borrowing by 12:00 noon, New York City time; provided, that the Administrative Agent has notified the Lenders thereof by 2:00 p.m., New York City time, on such day.
Appears in 1 contract
Samples: Revolving Credit and Guarantee 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 NoonNoon (or 11:00 A.M. in the case of Base Rate Loans if a Dominion Event shall have occurred and no Dominion Termination Event shall have subsequently occurred), 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 (or on the requested Borrowing Date if a Dominion Event shall have occurred and no Dominion Termination Event shall have subsequently occurred), in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments that are Eurodollar Loans 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 100,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon3:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to (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) 1:00 p.m., New York City time, one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon1:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower Borrowers shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the BorrowerBorrowers, 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 Borrowers at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower Borrowers in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower Borrowers 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing 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. 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 $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 ABR Loans in other amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in Section 10.2 prior to 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 promptly 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 (Campfire Inc)
Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the US Revolving Credit Commitments on any Business Day during the US Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any US Revolving Credit Loans made on the Restatement Closing Effective Date shall initially be Base Rate Loans. Each borrowing of US Revolving Credit Loans under the US 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 $200,000 in excess thereof (or, if the then aggregate Available US Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided, that the US Swing Line Lender may request, on behalf of the Borrower, borrowings of Base Rate Loans under the US Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each US Revolving Credit Lender thereof. Each US Revolving Credit Lender will make its US Revolving Credit Percentage of the amount of each borrowing of US Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
(b) WSCA may borrow under the Canadian Revolving Credit Commitments on any Business Day during the Canadian Revolving Credit Commitment Period, provided, that WSCA shall deliver to the Canadian Agent a Borrowing Notice (which Borrowing Notice must be received by the Canadian Agent prior to 12:00 Noon, Toronto time, (i) three Business Days prior to the requested Borrowing Date in the case of Eurodollar Loans, or (ii) one Business Day prior to the requested Borrowing Date in the case of Base Rate Loans, Canadian Prime Rate Loans, or Bankers’ Acceptances). Any Canadian Revolving Credit Loans made on the Restatement Effective Date shall initially be Base Rate Loans or Canadian Prime Rate Loans. Each borrowing of Canadian Revolving Credit Loans under the Canadian Revolving Credit Commitments shall be in an amount equal to (x) in the case of Base Rate Loans or Canadian Prime Rate Loans, $500,000 or Cdn. $500,000 or a whole multiple of $100,000 or Cdn. $100,000 in excess thereof (or, if the then aggregate Available Canadian Revolving Credit Commitments are less than Cdn. $100,000, (or, if applicable, the Dollar Equivalent thereof) such lesser amount); (y) in the case of Eurodollar Loans, $500,000 or a whole multiple of $100,000 in excess thereof and (z) in the case of Bankers’ Acceptance, Cdn. $500,000 and a whole multiple of Cdn. $100,000 in excess thereof; provided, that the Canadian Swing Line Lender may request, on behalf of WSCA, borrowings of Base Rate Loans or Canadian Prime Rate Loans under the Canadian Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Canadian Agent shall promptly notify each Canadian Revolving Credit Lender thereof. Each Canadian Revolving Credit Lender will make its Canadian Revolving Credit Percentage of the amount of each borrowing of Canadian Revolving Credit Loans available to the Canadian Agent for the account of WSCA at the Canadian Funding Office prior to 12:00 Noon, Toronto time, on the Borrowing Date requested by the Borrower in funds immediately available to the Canadian Agent. Such borrowing will then be made available to WSCA by the Canadian Agent in like funds as received by the Canadian Agent.
(c) WSCA hereby designates the Borrower as its representative and agent on its behalf for the purposes of issuing Borrowing Notices and notices of conversion or continuation, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of WSCA under the Loan Documents. The Administrative Agent, the Canadian Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower as a notice or communication from WSCA and the Borrower. Each warranty, covenant, agreement and undertaking made on its behalf by the Borrower shall be deemed for all purposes to have been made by WSCA and shall be binding upon and enforceable against WSCA to the same extent as it if the same had been made directly by WSCA.
(d) Bankers’ Acceptances:
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing amount and Type of Revolving Credit Loans to be borrowed, (ii) the requested Borrowing Date and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 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 promptly made The Administrative Agent shall make 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
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time, (a) three Business Days prior (or one Business Day prior for any such borrowings to be made on the Closing Date) 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially may be either Eurodollar Loans or Base Rate Loans, as elected by Borrower in the applicable Borrowing Notice. 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 $200,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereofthereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount). Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 250,000 or a whole multiple of $200,000 50,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000250,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.7 and the Borrower may request borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 3.5. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (UCI Holdco, Inc.)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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, otherwise), in each case specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. 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 ABR Loans, $1,000,000 5,000,000 or a whole multiple of $200,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Credit Aggregate Commitments minus the Total Outstandings are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit 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 Funding Commitment Percentage of the principal amount of each borrowing 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 Funding Office prior to 12:00 Noon, 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 borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: 364 Day Revolving Credit Agreement (Boston Scientific Corp)
Procedure for Revolving Credit Borrowing. The Each Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the applicable Borrower shall deliver to have given the Administrative Agent a Borrowing Notice (borrowing request substantially in the form of Exhibit C, which Borrowing Notice Request must be received by the Administrative Agent prior to 12:00 Noon1:00 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 on the requested Borrowing Date, in the case of Base Rate Loans); provided, however, that if a Borrower wishes to request Eurodollar Loans having an Interest Period of twelve months in duration as provided in the definition of “Interest Period,” (i) the applicable notice must be received by the Administrative Agent not later than 1:00 p.m., New York City time, four Business Days prior to the requested Borrowing Date, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether each of the Lenders consents to such Interest Period and (ii) not later than 10:00 a.m., New York City time, three Business Days before the requested Borrowing Date, the Administrative Agent shall notify the applicable Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all Lenders. Any Revolving Credit Subject to Section 2.15, any Borrowing Request may be revoked by the applicable Borrower at any time prior to the requested borrowing of Loans being made on available to such Borrower. Each Borrowing Request shall specify (A) the Restatement Closing amount and Type of Loans to be borrowed, (B) the requested Borrowing Date shall initially and (C) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. If a Borrower requests a borrowing of Eurodollar Loans in any Borrowing Request, but fails to specify an Interest Period, it will be Base Rate Loansdeemed to have specified an Interest Period of one month. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an aggregate amount equal to (x) in the case of Base Rate Loans, $1,000,000 500,000 or a whole multiple of $200,000 in excess thereof (or, if or in the then amount equal to the aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amountthen remaining) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such Borrowing Notice from the BorrowerRequest, 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the applicable Borrower at the Funding Administrative Agent’s Office prior to 12:00 Noon2:00 p.m., New York City time, on the Borrowing Date requested by the such Borrower in funds immediately available to the Administrative Agentfunds. Such borrowing will then be promptly made available to the (or as directed by) such 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow Revolving Credit Loans under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment Period, Day; provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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 Credit Loans are to be Eurodollar Loans, or (b) one Business Day prior to the requested borrowing date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested borrowing date, (iii) whether the Borrowing Dateis to be of Eurodollar Loans, in ABR Loans or a combination thereof and (iv) if the case Borrowing is to be entirely or partly of Base Rate Eurodollar Loans). Any Revolving Credit Loans made on , the Restatement Closing Date shall initially be Base Rate Loansrespective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing of Revolving Credit Loans 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 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 12:00 Noon11:00 A.M., New York City time, on the Borrowing Date borrowing date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then immediately be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Competitive Advance and Revolving Credit Facility (Delphi Automotive Systems 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any , specifying (i) the amount and Type of Revolving Credit Loans made on to be borrowed, (ii) the Restatement Closing requested Borrowing Date shall initially be Base Rate and (iii) in the case of Eurodollar Loans, the length of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon2:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent; provided that if on the Borrowing Date of any Revolving Loans to be made to the Borrower, any Swingline Loans made to the Borrower or Reimbursement Obligation for the account of the Borrower shall be then outstanding, the proceeds of such Revolving Loans shall first be applied to pay in full such Swingline Loans or Reimbursement Obligation, with any remaining proceeds to be made available to the Borrower as provided above; and provided further that ABR Revolving Loans made to finance the reimbursement of an L/C Borrowing as provided in Section 3.3(c) shall be remitted by the Administrative Agent to the Issuing Lender.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided PROVIDED that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any All Revolving Credit Loans will be Fixed Rate Loans and all Revolving Credit Loans will be made on the Restatement Closing Date shall initially be Base Rate Loansas such. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) ); PROVIDED, that the Swing Line Lender may request, on behalf of the Borrower, borrowings of Fixed Rate Loans under the Revolving Credit Commitments in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereofother amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Capital Environmental Resource 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon(a) 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 11:00 a.m., on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.4. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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 otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments (other than a borrowing under subsection 2.14) 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 $200,000 1,000,000 in excess thereof (or, if the then aggregate Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit 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 Funding Commitment Percentage of the principal amount of each borrowing 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 Funding Office prior to 12:00 Noon, New York City time, on office of the Borrowing Date requested by the Borrower Administrative Agent specified in subsection 12.2 in funds immediately available to the Administrative Agent. Such Except as otherwise provided in subsection 2.14, such borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon11:00 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 otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the 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). Any Revolving Credit Loans made on , the Restatement Closing Date shall initially be Base Rate Loansrespective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. 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, $1,000,000 500,000 or a whole multiple of $200,000 100,000 in excess thereof (or, if or the full amount of the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amountCommitments) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, subject to the provisions of Section 2.12, except that any borrowing under the Revolving Credit Commitments to be used solely to pay a like amount of Swing Line Loans may be in the aggregate principal amount of such Swing Line Loans. Upon receipt of any such Borrowing Notice 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 Commitment Percentage of each borrowing of Revolving Credit Loans 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 12:00 Noon1:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a an irrevocable Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement 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 day which is 10 Business Days after the Closing Date or such shorter period as the Administrative Agent may agree to in writing. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Revolving Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Revolving Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Revolving Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of each borrowing of Revolving Credit Loans available to the Revolving Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Revolving Administrative Agent. Such borrowing will then be promptly made available to the Borrower by the Revolving 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 Lenders and in like funds as received by the Revolving Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each Except as provided in Section 2.7 or 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 $200,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and 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 Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the -------- Administrative Agent a an irrevocable Borrowing Notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon(a) 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) 2:00 P.M., New York City time, one Business Day prior to the requested Borrowing Date, in the case of Base Rate ABR Loans). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing 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 Revolving Credit Loan and the respective lengths of the initial Interest Period therefor. 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in Section 9.2 prior to 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 promptly 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 (FLN Finance Inc)
Procedure for Revolving Credit Borrowing. The Primary Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided PROVIDED that the Primary Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency 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 Eurocurrency Loans, the length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Amendment and Restatement Closing Effective Date shall initially be Base Rate Loans. Subject to Section 6.6, any Revolving Credit Loan made prior to the Amendment and Restatement Effective Date shall continue as the same Type of Loan after the Amendment and Restatement Effective 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt ; PROVIDED, that the Swing Line Lender may request, on behalf of any such Borrowing Notice from the Primary Borrower, borrowings of Base Rate Loans under 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower Commitments in funds immediately available to the Administrative Agent. Such borrowing will then be promptly 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 other amounts made available to the Administrative Agent by the Revolving Lenders and in like funds as received by the Administrative Agent.pursuant to
Appears in 1 contract
Samples: Credit Agreement (Six Flags Inc)
Procedure for Revolving Credit Borrowing. The Borrower Borrowers may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period; provided that, provided that the Borrower Representative shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be (x) received by the Administrative Agent prior to 12:00 Noon, 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 10:00 A.M. (New York City time) on the requested Borrowing Date, in the case of Base Rate LoansLoans and (y) accompanied by a pro forma Borrowing Base Certificate). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 250,000 in excess thereof (or, if the next highest multiple of $250,000 exceeds the then aggregate Available Revolving Credit Commitments are less than $1,000,000Commitments, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 250,000 in excess thereofthereof (or, if the next highest multiple of $250,000 exceeds the then aggregate Available Revolving Credit Commitments, such lesser amount). Upon receipt of any such Borrowing Notice from the BorrowerBorrower Representative, 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower Borrowers at the Funding Office prior to 12:00 Noon, 2:00 P.M. (New York City time, ) on the Borrowing Date requested by the Borrower Representative in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower Borrowers 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (KKR Real Estate Finance Trust Inc.)
Procedure for Revolving Credit Borrowing. The Primary Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided PROVIDED that the Primary Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency 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 Eurocurrency Loans, the length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 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 Primary Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 3.4. Upon receipt of any such Borrowing Notice notice from the Primary 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Primary Borrower at the relevant Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Primary Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Primary 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Premier Parks Inc)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the requested Revolving Credit Commitments Loans are to be initially Eurodollar Loans or (b) on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in otherwise), specifying (i) the case of Eurodollar Loansamount to be borrowed, or (bii) one Business Day prior to the requested Borrowing Date, in (iii) whether the case borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. Each borrowing under the Aggregate Revolving Credit Commitment (other than any borrowing of Swing Line Loans or of Revolving Credit Loans under the Revolving Credit Commitments proceeds of which are used to refund Swing Line Loans) shall be in an amount equal to (x) in the case of Base Rate ABR Loans, $1,000,000 or a whole multiple of $200,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 2,000,000 or a whole multiple of $500,000 250,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 14.2 prior to 12:00 Noon11:00 A.M., New York City time, in the case of Eurodollar Loans and 2:00 P.M., New York City time, in the case of ABR Loans, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly 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 (Ero Marketing 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each Except as provided in Section 2.4 or 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 $200,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and 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 Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Effective Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each In the case of Non-Extending Revolving Credit Loans, each Non-Extending Revolving Credit Lender will make its Non-Extending Revolving Credit Percentage of the amount of each borrowing of Non-Extending Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such In the case of Extending Revolving Credit Loans, each Extending Revolving Credit Lender will make its Extending Revolving Credit Percentage of the amount of each borrowing of Extending Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Each borrowing referred to above will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.”
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that (i) the Borrower shall deliver to the Administrative Agent a an irrevocable written Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar LoansLoans or, or with respect to Revolving Credit Loans to be made on the Closing Date (b) which shall be a Business Day), one Business Day prior to the anticipated Closing Date), or (ii) the Borrower shall give the Administrative Agent an irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Administrative Agent not later than 12:00 Noon, New York City time, on the proposed Borrowing Date), specifying (1) the amount to be borrowed, (2) the requested Borrowing Date, which shall be the date of such telephonic notice and (3) that such Borrowing shall be a Base Rate Loan, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such Borrowing Notice or telephonic 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to (x) 12:00 Noon, New York City time, on the Borrowing Date requested by the Borrower in the case of Eurodollar Loans, or (y) 4:00 P.M., New York City time, on the date of such telephonic notice in the case of a Base Rate Loan, in either case in funds immediately available to the Administrative Agent. Such borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day in an aggregate principal amount not exceeding (i) the aggregate Available RC Commitments then in effect and (ii) the Borrowing Base then in effect, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable written notice, substantially in the form attached hereto as Exhibit L (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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 on the requested Borrowing Date, in otherwise) specifying (i) the case of Base Rate Loans)amount to be borrowed and (ii) the requested Borrowing Date. Any Each Revolving Credit Loans made on the Restatement Closing Date Loan shall initially be made as a Base Rate LoansLoan. 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, $1,000,000 250,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit RC Commitments are less than $1,000,000100,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof). Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in Section 13.2 prior to 12:00 Noon11:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Denali Inc)
Procedure for Revolving Credit Borrowing. (a) The US Borrower may borrow under the US Revolving Credit Commitments on any Business Day during the US Revolving Credit Commitment Period, provided provided, that the US Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time), (a) three Business Days Day 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). Any US Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing of US Revolving Credit Loans under the US 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 $200,000 in excess thereof (or, if the then aggregate Available US Revolving Credit Commitments are less than $1,000,000, 1,000,000 such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 US Borrower, borrowings of Base Rate Loans under the US Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such Borrowing Notice from the US Borrower, the Administrative Agent shall promptly notify each US Revolving Credit Lender thereof. Each US Revolving Credit Lender will make its US Revolving Credit Percentage of the amount of each borrowing of US Revolving Credit Loans available to the Administrative Agent for the account of the US Borrower at the Funding Office prior to 12:00 Noon, New York City time, time on the Borrowing Date requested by the US Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the US 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the -------- Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon(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 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing 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. 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 $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that the Swing Line Lender may, on behalf of the Borrower, -------- request borrowings of ABR Loans under the Revolving Credit Commitments in amounts other than those specified above to the extent necessary to repay Refunded Swing Line Loans. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in Section 10.2 prior to 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 promptly 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 (Details Inc)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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, otherwise), in each case specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. 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 ABR Loans, $1,000,000 5,000,000 or a whole multiple of $200,000 1,000,000 in excess thereof (or, if the then aggregate Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit 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 each borrowing 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 Funding Office prior to 12:00 Noon, 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower Each of the Borrowers may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment Period, Day; provided that the Borrower Representative (on behalf of any Borrower) shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon(a) 11:00 A.Ma.m., New York City time, (a) at least three Business Days prior to the requested Borrowing Date, in if all or any part of the case of Eurodollar Loans, or requested Revolving Loans are to be initially EurocurrencyTerm SOFR Loans (b) one Business Day prior to 1:00 P.Mp.m., New York City time on the requested Borrowing Date, for ABR Loans), by delivering a Borrowing Request specifying (i) the identity of the Borrower, (ii) the amount to be borrowed, (iii) the requested Borrowing Date, (iv) whether the borrowing is to be of EurocurrencyTerm SOFR Loans or ABR Loans or a combination thereof and (v) if the borrowing is to be entirely or partly of EurocurrencyTerm SOFR Loans, the respective amounts of each such Type of Loan, the respective lengths of the initial Interest Periods therefor; provided that any such Borrowing Request may be delivered through the Administrative Agent’s electronic platform or portal. All Borrowing Requests which are not made on-line via the Administrative Agent’s electronic platform or portal shall be subject to (and unless the Administrative Agent elects otherwise in the case exercise of Base Rate Loans). Any Revolving Credit Loans its sole discretion, such Borrowingsborrowings shall not be made on until the Restatement Closing Date shall initially be Base Rate Loanscompletion of) the Administrative Agent’s authentication process (with results satisfactory to the Administrative Agent) prior to the funding of any such requested Loan. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments (other than the Agent Advances) 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 2.0 million or a whole multiple of $200,000 1.0 million in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are (A) less than $1,000,0002.0 million, $1.0 million or a whole multiple thereof or (B) less than $1.0 million, such lesser amount) and (y) in the case of Eurodollar Loans, EurocurrencyTerm SOFR Loans $3,000,000 5.0 million or a whole multiple of $500,000 1.0 million in excess thereof. Upon receipt of any such Borrowing Notice notice from the BorrowerBorrower Representative, the Administrative Agent shall promptly notify each Revolving Credit applicable Lender thereof. Each Revolving Credit Lender will make its Revolving Credit Percentage Subject to the satisfaction of the conditions precedent specified in subsection 6.2, each applicable Lender shall 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 12:00 Noon10:00 A.M.a.m., New York City timetime (in the case of any EurocurrencyTerm SOFR Loan), or 3:00 P.M.p.m., New York City time (in the case of any ABR Loan), or at such other office of the Administrative Agent or at such other time as to which the Administrative Agent shall notify such Lender and the Borrower Representative reasonably in advance of the Borrowing Date with respect thereto, on the Borrowing Date requested by the Parent Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower identified in such notice by the Administrative Agent crediting the account of the such Borrower on the books of such office 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
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noonnoon, 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). Any Revolving Credit Loans made on the Restatement 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 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noonnoon, 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon11:00 A.M., New York City Denver time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, LIBOR Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, (I) $1,000,000 or a whole multiple of $200,000 500,000 in excess thereof or (or, if II) the then aggregate Available Revolving Credit Commitments are less than $1,000,000, 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, $3,000,000 2,500,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 NoonA.M.(Noon), New York City Denver time, on the such requested Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement 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 earlier of (x) 60 days after the Closing Date, and (y) 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 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 of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 2.7. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon, 2:00 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, or (b) one (1) Business Day prior to the requested Borrowing Date, otherwise), specifying in each case (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the 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). Any Revolving Credit Loans made on , the Restatement Closing Date shall initially be Base Rate Loansamount of such Type of Loan and the length of the initial Interest Periods therefor. Each borrowing of Revolving Credit Loans under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Base Rate Loans, $1,000,000 100,000.00 or a whole multiple of $200,000 10,000.00 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $3,000,000 100,000.00 or a whole multiple of $500,000 10,000.00 in excess thereof. Upon receipt of any such Borrowing Notice 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 thereof not later than 3:00 P.M., New York City time, on the amount of each borrowing of Revolving Credit Loans available to date the Administrative Agent for the account of the Borrower at the Funding Office prior to receives such notice. Not later than 12:00 Noon, New York City time, on the each requested Borrowing Date each Revolving Lender shall make an amount equal to its Revolving Credit Commitment Percentage of the principal amount of the Revolving Credit Loans requested by the Borrower in funds immediately to be made on such Borrowing Date available to the Administrative AgentAgent at its office specified in Section 10.2 in U.S. Dollars and in immediately available funds. Such borrowing will then be promptly made available to the Borrower by the The Administrative Agent crediting shall on such date credit 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided PROVIDED that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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, otherwise), in each case specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the amount of such Type of Loan and the length of the initial Interest Period therefor. 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 ABR Loans, $1,000,000 5,000,000 or a whole multiple of $200,000 1,000,000 in excess thereof (or, if the then aggregate Aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit 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 each borrowing 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 Funding Office prior to 12:00 Noon, 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each Except as provided in Section 2.4 or 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 $200,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon3:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Northwestern Corp)
Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the Dollar Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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 Loans, in each case, or such later time as is acceptable to the Administrative Agent). Any Dollar Revolving Credit Loans made on the Restatement 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 of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 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 in other amounts pursuant to Section 2.7(a). Upon receipt of any such Borrowing Notice from the Borrower, the Administrative Agent shall promptly notify each Dollar Revolving Credit Lender thereof. Each Dollar Revolving Credit Lender will make its Dollar Revolving Credit Percentage of the amount of each borrowing of Dollar Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
(b) 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 deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to, (i) in the case of the Borrower, 12:00 Noon, New York City time or (ii) in the case of any Foreign Borrower, the time specified for such notices in the Administrative Schedule, (1) three Business Days prior to the requested Borrowing Date, in the case of Eurocurrency Loans, or (2) one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans, in each case, or such later time as is acceptable to the Administrative Agent. Any Multicurrency 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 remain in effect on the Restatement Effective Date. Each borrowing of Multicurrency Revolving Credit Loans under the Multicurrency Revolving Credit Commitments shall be in an amount equal to (w) in the case of Base Rate Loans, $1,000,000 or a whole multiple thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000 such lesser amount), (x) in the case of Eurocurrency Loans denominated in Dollars, $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) in the case of Eurocurrency Loans denominated in Euros, €5,000,000 or a whole multiple of €1,000,000 in excess thereof and (z) in the case of Multicurrency Revolving Credit Loans, the nearest round number chosen by the Administrative Agent the Dollar Equivalent of which is approximately $5,000,000 or a whole multiple of the nearest round number chosen by the Administrative Agent the Dollar Equivalent of which is approximately $1,000,000 in excess thereof; provided that the Euro Swing Line Lender may request, on behalf of the Borrower, borrowings under the Multicurrency Revolving Credit Commitments in other amounts pursuant to Section 2.7(e). Upon receipt of any such Borrowing Notice from the Borrower or any Foreign Borrower, as applicable, the Administrative Agent shall promptly notify each Multicurrency Revolving Credit Lender thereof. Each Multicurrency Revolving Credit Lender will make its Multicurrency Revolving Credit Percentage of the amount of each borrowing of Multicurrency Revolving Credit Loans available to the Administrative Agent for the account of the Borrower or such Foreign Borrower, as applicable at the applicable Funding Office prior to (a) in the case of the Borrower, 12:00 Noon, New York city time or (b) in the case of any Foreign Borrower, the time specified for such notices in the Administrative Schedule), on the Borrowing Date requested by the Borrower or such Foreign Borrower, as applicable, in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the Borrower or such Foreign Borrower by the Administrative Agent in like funds as received by the Administrative Agent.
(c) The German Borrower may borrow under the German Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided, that the German Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon, Frankfurt time three Business Days prior to the requested Borrowing Date for Eurocurrency Loans. Each borrowing of German Revolving Credit Loans under the German Revolving Credit Commitments shall be in an amount equal to €5,000,000 or a whole multiple of €1,000,000 in excess thereof (or, if the then aggregate Available German Revolving Credit Commitments are less than €1,000,000, such lesser amount); provided, that the German Swing Line Lender may request, on behalf of the German Borrower, borrowings under the German Revolving Credit Commitments in other amounts pursuant to Section 2.7(l). Upon receipt of any such Borrowing Notice from the German Borrower, the Administrative Agent shall promptly notify each German Revolving Credit Lender thereof. Each German Revolving Credit Lender will make its German Revolving Credit Percentage of the amount of each borrowing of German Revolving Credit Loans available to the Administrative Agent for the account of the German Borrower at the German Funding Office prior to 12:00 Noon, Frankfurt time, on the Borrowing Date requested by the German Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be made available to the German Borrower by the Administrative Agent in like funds as received by the Administrative Agent.
(d) Each Foreign Borrower hereby designates the Borrower as its representative and agent on its behalf for the purposes of issuing Borrowing Notices, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of each Foreign Borrower under the Loan Documents. Each Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower as a notice or communication from any Foreign Borrower and the Borrower. Each warranty, covenant, agreement and undertaking made on its behalf by the Borrower shall be deemed for all purposes to have been made by each Foreign Borrower and shall be binding upon and enforceable against each Foreign Borrower to the same extent as it if the same had been made directly by any Foreign Borrower.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. (a) The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment Period, Day; provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice (Request, which Borrowing Notice must Request shall be received by the Administrative Agent irrevocable, (i) prior to 12:00 Noon1:00 P.M., New York City time, (a) three U.S. Government Securities Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans, or Term SOFR Loans and (bii) one Business Day prior to 1:00 P.M., New York City time, on the requested Borrowing Date, in the case of Base Reference Rate Loans). Any Revolving Credit Loans made on , specifying (A) the Restatement Closing Date shall initially amount to be Base borrowed, (B) the requested Borrowing Date, (C) whether the borrowing is to be a Term SOFR Loan, a Reference Rate LoansLoan or a combination thereof and (D) the length of the Interest Period for each Term SOFR Loan included in such Borrowing Request. Each borrowing of Revolving Credit Loans 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 10,000,000 or a whole multiple of $200,000 5,000,000 in excess thereof and (or, if 2) the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amountCommitments.
(b) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such Borrowing Notice Request from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit 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 Term SOFR Loans and (ii) 2:00 P.M., New York City time (or, in the case of Reference Rate Loans requested after 11:30 A.M., New York City time, 1:30 P.M., New York City time), on the requested Borrowing Date in the case of Reference Rate Loans). Each Revolving Credit Lender will make its Revolving Credit Percentage of the amount of its Commitment Percentage of each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at to the Funding Office account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders prior to 12:00 Noon(1) 3:00 P.M., New York City time (or in the case of Reference Rate Loans requested after 11:30 A.M., New York City time, 2:30 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 Term SOFR Loans, in each case on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing The proceeds of all such Revolving Credit Loans will then be promptly 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 office 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 Revolving Lenders and in like funds as received by the Administrative Agent within one (1) hour of receipt by the Administrative Agent within one (1) hour of receipt by the Administrative Agent but in any event no later than 4:00 P.M., New York City time (or, in the case of Reference Rate Loans requested after 11:30 A.M., New York City time, no later than 3:00 P.M., New York City time).
(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 (x) 1:00 P.M., New York City time or (y) in the case of any borrowing of Reference Rate Loans that was requested after 11:30 A.M., New York City time, 2:30 P.M., New York City time, in each case 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 1 contract
Samples: Credit Agreement (Phillips 66)
Procedure for Revolving Credit Borrowing. The Borrower may borrow Revolving Loans under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, ; provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 NoonP.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 Loans are to be Eurodollar Loans, or (b) one Business Day prior to on the requested Borrowing Date, in otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the Borrowing is to be of Base Rate 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 Revolving Loan and the respective lengths of the initial Interest Periods therefor. Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate ABR Loans. Each borrowing of Revolving Credit Loans 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit relevant Lender thereof. Each Revolving Credit relevant Lender will make its Revolving Credit Percentage of the amount of its pro rata share of each borrowing of Revolving Credit Loans 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 12:00 Noon2:00 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Gannett Co., Inc.)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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 initially are to be Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Date, in otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the borrowing is to be of Base Rate Eurodollar Loans). Any Revolving Credit , ABR Loans made on or a combination thereof and (iv) if the Restatement Closing Date shall initially borrowing is to be Base Rate entirely or partly of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. 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 ABR Loans, $1,000,000 or a whole multiple of $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 11.2 prior to 12:00 Noon11:00 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 promptly made available to the Borrower no later than 1:00 p.m. 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow Revolving Credit Loans under the Revolving Credit Commitments on any Business Day during on or after the Revolving Credit Availability Date and through the Commitment Period, ; provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 NoonP.M., New York City Boston time, (a) three (3) Business Days prior to the requested Borrowing Dateborrowing date, in if all or any part of the case of requested Revolving Credit Loans are to be Eurodollar Loans, or (b) one Business Day prior to on the requested borrowing date, otherwise), specifying (i) the amount to be borrowed, (ii) the requested borrowing date, (iii) whether the Borrowing Dateis to be of Eurodollar Loans, in the case of Base Rate Loans or a combination thereof, and (iv) if the Borrowing is to be entirely or partly of Eurodollar Loans). Any Revolving Credit Loans made on , the Restatement Closing Date shall initially be Base Rate Loansrespective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. Each borrowing of Revolving Credit Loans 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will shall make its Revolving Credit Percentage of the amount of its pro rata share (determined in accordance with its Commitment Percentage) of each borrowing of Revolving Credit Loans Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Administrative Agent’s Office prior to 12:00 Noon1:00 P.M., New York City Boston time, on the Borrowing Date borrowing date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing Borrowing will then immediately be promptly made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office the Administrative Agent’s Office 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: Revolving Credit Agreement (Liberty Mutual Agency 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment Period, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon11:00 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 on the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement 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 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 $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon1:00 P.M., New York City timeChicago time (in the case of a Borrowing of Base Rate Loans in respect of which notice of such borrowing is given on such Borrowing Date) or 11:00 A.M., Chicago time (in the case of any other borrowing), on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to the Administrative Agent a the Borrower's irrevocable Notice of Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon10:00 A.M., 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 Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Dateborrowing date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loansotherwise. 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 ABR Loans, $1,000,000 10,000,000 or a whole multiple of $200,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,00010,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Notice of 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 office of the Administrative Agent specified in subsection 12.3 prior to 12:00 Noon11:00 A.M., New York City time, on the Borrowing Date borrowing date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower by the Administrative Agent crediting transferring to the account of directed by the Borrower on (which account need not be maintained by the books of such office Administrative Agent) 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
Procedure for Revolving Credit Borrowing. The Borrower Company may borrow under the Revolving Credit Commitments during the Commitment Period on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower Company shall deliver to the Administrative Agent a the Company's irrevocable Notice of Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 12:00 Noon10:00 A.M., 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 Credit Loans are to be initially Eurodollar Loans, Loans or (b) one Business Day prior to the requested Borrowing Dateborrowing date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loansotherwise. 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 ABR Loans, $1,000,000 10,000,000 or a whole multiple of $200,000 1,000,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,00010,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 10,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Notice of Borrowing Notice from the BorrowerCompany, 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 Company at the Funding Office office of the Administrative Agent specified in subsection 13.2 prior to 12:00 Noon11:00 A.M., New York City time, on the Borrowing Date borrowing date requested by the Borrower Company in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower Company by the Administrative Agent crediting transferring to the account of directed by the Borrower on Company (which account need not be maintained by the books of such office Administrative Agent) 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 and Guarantee Agreement (Reebok International LTD)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon10:00 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 otherwise), specifying (i) the case amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the 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). Any Revolving Credit Loans made on , the Restatement Closing Date shall initially be Base Rate Loansrespective amounts of each such Type of Loan and the respective lengths of the initial Interest Periods therefor. 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 2,000,000 or a whole multiple of $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 Borrower, at the Funding Office funding office of the Administrative Agent specified by the Administrative Agent by notice to the Borrower and the Lenders, prior to 12:00 Noon11:00 A.M., New York City time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing The Administrative Agent will then be promptly made make 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 Lenders and Lenders, in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments from the Closing Date until the Maturity Date on any Business Day during the Revolving Credit Commitment PeriodDay, provided that the Borrower shall deliver to give the Administrative Agent irrevocable notice in the form of a Borrowing Borrowing, Conversion and Confirmation Notice (or telephonic notice promptly confirmed by such written notice) which Borrowing Notice notice shall be irrevocable and must be received by the Administrative Agent prior to 12:00 Noon11:00 a.m., New York City Central time, (a) three two Business 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, Loans or (b) one Business Day prior to the requested Borrowing Date, in the case of Date for Base Rate Loans, otherwise). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially amount to be borrowed, (ii) the requested Borrowing Date, (iii) whether the 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 Revolving Loan and the respective lengths of the initial Interest Periods therefor. 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, $1,000,000 100,000 or a whole multiple of $200,000 50,000 in excess thereof (or, if the then remaining balance of the aggregate Available Revolving Credit Commitments are less Commitment is less, than $1,000,000100,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 Agent’s Office prior to 12:00 Noon10:00 a.m., New York City Central time, on the Borrowing Date requested by the Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office the Agent 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
Procedure for Revolving Credit Borrowing. The Borrower may ---------------------------------------- borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the -------- Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon(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 11:00 A.M., New York City time, on the requested Borrowing Date, in the case of Base Rate ABR Loans). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing 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. 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 $200,000 500,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 5,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof; provided that -------- the Swing Line Lender may, on behalf of the Borrower, request borrowings of ABR Loans under the Revolving Credit Commitments in amounts other than those specified above to the extent necessary to repay Refunded Swing Line Loans. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in Section 10.2 prior to 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 promptly 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 (Details Inc)
Procedure for Revolving Credit Borrowing. The Primary Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Facilities Commitment Period, provided that the Primary Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon, New York City time, (a) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Eurocurrency 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 Eurocurrency Loans, the length of the initial Interest Period therefor. Any Revolving Credit Loans made on the Amendment and Restatement Closing Effective Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Eurocurrency Loans, $3,000,000 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 Primary Borrower, borrowings of Base Rate Loans under the Revolving Credit Commitments in other amounts pursuant to Section 3.4. Upon receipt of any such Borrowing Notice notice from the Primary 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Primary Borrower at the relevant Funding Office prior to 12:00 Noon, New York City time, on the Borrowing Date requested by the Primary Borrower in funds immediately available to the Administrative Agent. Such borrowing will then be promptly made available to the Primary 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Six Flags, 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, provided that the Borrower shall deliver to the Administrative Agent a Borrowing Notice (which Borrowing Notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on the Restatement Closing Effective Date shall initially be Base 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, $1,000,000 or a whole multiple of $200,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof. Upon receipt of any such 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 each borrowing of Revolving Credit Loans available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 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 promptly 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 Lenders and in like funds as received by the Administrative Agent.
Appears in 1 contract
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 12:00 Noon1:00 P.M., New York City time, (a) three time on the same Business Days prior to Day of the requested Borrowing Date, in specifying the case of Eurodollar Loansamount to be borrowed, or (b) one Business Day prior to and the requested Borrowing Date, in the case of Base Rate Loans). Any Revolving Credit Loans made on the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing of Revolving Credit Loans 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 and additional increments of $200,000 in excess thereof 100,000 (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000, such lesser amount) and (y) in the case of Eurodollar Loans, $3,000,000 or a whole multiple of $500,000 in excess thereof). Upon receipt of any such Borrowing Notice notice from the Borrower, the Administrative Agent shall promptly (and in any event not later than 2:00 P.M., New York City time, on the date such notice is received), notify each Revolving Credit Lender thereof. Each Revolving Credit Lender will make the amount of its Revolving Credit Commitment Percentage of the amount of each borrowing of Revolving Credit Loans Borrowing available to the Administrative Agent for the account of the Borrower at the Funding Office prior to 12:00 Noon3:00 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 be promptly made available to the Borrower by the Administrative Agent crediting the account of the Borrower on the books of such office 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 1 contract
Samples: Term Loan, Revolving Credit, Guarantee and Security Agreement (Mississippi Chemical Corp /MS/)
Procedure for Revolving Credit Borrowing. The Borrower may borrow under the Revolving Credit Commitments on any Business Day during the Revolving Credit Commitment PeriodPeriod on any Business Day, provided that the Borrower shall deliver to give the Administrative Agent a Borrowing Notice irrevocable written (or telephonic promptly confirmed in writing) notice (which Borrowing Notice notice must be received by the Administrative Agent prior to 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). Any Revolving Credit Loans made on , specifying (i) the Restatement Closing Date shall initially be Base Rate Loans. Each borrowing 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. Each such notice shall be given by the Borrower in the form of Exhibit G. Each borrowing under the Revolving Credit Commitments shall be in an amount equal to (xA) in the case of Base Rate ABR Loans, $1,000,000 500,000 or a whole multiple of $200,000 100,000 in excess thereof (or, if the then aggregate Available Revolving Credit Commitments are less than $1,000,000500,000, such lesser amount) and (yB) in the case of Eurodollar Loans, $3,000,000 1,000,000 or a whole multiple of $500,000 100,000 in excess thereof. Upon receipt of any such Borrowing Notice 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 office of the Administrative Agent specified in subsection 10.2 prior to 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 promptly 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 (Omniamerica Inc)