Procedure for Swingline Borrowing. (a) The Swingline Lender agrees to make Swingline Loans to the Company from time to time in accordance with the treasury and cash management services and products provided to the Company by the Swingline Lender (the “Cash Management Swingline Loans”). For other Swingline Loans, the Company, on behalf of the Borrowers, shall give the Administrative Agent a Notice of Borrowing with respect to each Swingline Loan prior to 10:00 a.m. (Eastern time) on the requested date of each Swingline Borrowing. Each Notice of Borrowing under this Section shall be irrevocable and shall specify: (i) the principal amount of such Swingline Loan, (ii) the date of such Swingline Loan (which shall be a Business Day), (iii) the Type of such Swingline Loan and (iv) the account of the Company to which the proceeds of such Swingline Loan should be credited. The Administrative Agent will promptly advise the Swingline Lender of each such request and the details thereof. Each Cash Management Swingline Loan shall be made initially as an Index Rate Loan, and each other Swingline Loan shall be made as a Base Rate Loan or an Index Rate Loan. The Swingline Lender will make the proceeds of each Swingline Loan available to the Borrowers in Dollars in immediately available funds at the account specified by the Company in the applicable request not later than 1:00 p.m. (Eastern time) on the requested date of such Swingline Loan. The Administrative Agent will notify the Lenders on a quarterly basis if any Swingline Loans occurred during such quarter.
Procedure for Swingline Borrowing. Refunding of Swingline Loans. 5660
Procedure for Swingline Borrowing. Whenever DW Animation desires that the Swingline Lender make Swingline Loans under Section 2.3 it shall give the Swingline Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swingline Lender not later than 3:00 P.M., New York City time, on the proposed Borrowing Date), specifying (a) the amount to be borrowed and (b) the requested Borrowing Date. Each borrowing under the Swingline Commitment shall be in an amount equal to $500,000 or a whole multiple of $100,000 in excess thereof. Not later than 5:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swingline Loans, the Swingline Lender shall make available to the Administrative Agent for the account of DW Animation at the office of the Administrative Agent specified in Section 10.2 an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender. The proceeds of such Swingline Loan will then be made available to DW Animation on such Borrowing Date by the Administrative Agent crediting the account of DW Animation on the books of such office with the aggregate of the amounts made available to the Administrative Agent by the Swingline Lender and in like funds as received by the Administrative Agent.
Procedure for Swingline Borrowing. Refunding of Swingline Loans 39 2.6. Fees, Etc. 40 2.7. Termination or Reduction of Commitments 41 2.8. Optional Prepayments 41 2.9. Mandatory Prepayments 44 2.10. Conversion and Continuation Options 45 2.11. Limitations on Eurodollar Tranches 45 2.12. Interest rates and Payment Dates 45 2.13. Computation of Interest and Fees 46
Procedure for Swingline Borrowing. (a) Each Borrowing of Swingline Loans shall be made upon the Company's irrevocable written notice to the Agent as described in Section 10.02 in the form of a Notice of Borrowing prior to 12:00 noon (New York City time) (i) one Business Day prior to the requested Borrowing Date, in the case of a Borrowing comprised of Adjusted CD Rate Swingline Loans, (ii) three Business Days prior to the requested Borrowing Date, in the case of a Borrowing comprised of LIBOR Swingline Loans, and (iii) on the requested Borrowing Date, in the case of a Borrowing comprised of a Base Rate Swingline Loans, specifying: (i) the amount of such Borrowing, which shall be an amount not less than the Minimum Tranche; (ii) the requested Borrowing Date, which shall be a Business Day, and (iii) the duration of the Interest Period applicable to such Borrowing, which shall not be more than 10 days. Upon receipt of the Notice of Borrowing, the Agent will promptly provide the Swingline Banks with a copy thereof.
Procedure for Swingline Borrowing. Refunding of Swingline Loans. (a) Whenever the Borrower desires that the Swingline Lender make Swingline Loans it shall give the Swingline Lender irrevocable telephonic notice confirmed promptly in writing (which telephonic notice must be received by the Swingline Lender not later than 1:00 P.M., New York City time, on the proposed Borrowing Date), specifying (i) the amount to be borrowed and (ii) the requested Borrowing Date (which shall be a Business Day during the Revolving Commitment Period). Each borrowing under the Swingline Commitment shall be in an amount equal to $100,000 or a whole multiple thereof. Not later than 3:00 P.M., New York City time, on the Borrowing Date specified in a notice in respect of Swingline Loans, the Swingline Lender shall make available to the Administrative Agent at the Funding Office an amount in immediately available funds equal to the amount of the Swingline Loan to be made by the Swingline Lender. The Administrative Agent shall make the proceeds of such Swingline Loan available to the Borrower on such Borrowing Date by depositing such proceeds in the account of the Borrower with the Administrative Agent on such Borrowing Date in immediately available funds.
Procedure for Swingline Borrowing. Refunding of Swingline Loans; Successor Swingline Lenders 5562 3.5. Commitment Fees, etc. 5664 3.6. Termination or Reduction of Revolving Commitments 5764 3.7. Letter of Credit SubcommitmentCommitment 5764 3.8. Procedure for Issuance of LetterLetters of Credit 5966 3.9. Fees and Other Charges 6067 3.10. L/CLetter of Credit Participations 6067 3.11. Reimbursement Obligation of the Borrower 6168 3.12. Obligations Absolute 6168 3.13. Letter of Credit Payments 6269
Procedure for Swingline Borrowing. Refunding of Swingline Loans 7677 2.8 Commitment Fees, etc. 78 2.9 Termination or Reduction of Revolving Commitments 7879
Procedure for Swingline Borrowing. Refunding of Swingline Loans; Reallocation of Swingline Commitment and Euro Swingline Commitment 41 2.6. L/C Commitment 45 2.7. Procedure for Issuance of Letters of Credit 47 2.8. L/C Participation 48 2.8A. Repayment of Participations 51 2.9. Reimbursement Obligation of the Borrowers 51 2.10. Obligations Absolute 52 2.11. Letter of Credit Payments 53 2.12. Applications; Applicability of ISP and UCP; Limitation of Liability 53 2.13. Certain Reporting Requirements 53 2.13A. Role of Issuing Leader 54 2.14. Fees and Other Charges, etc 54 2.15 Optional Termination or Reduction of Commitments; Increase of Commitments 56 2.16 Optional Prepayments 57 2.17 Mandatory Prepayments 58 2.18. Conversion and Continuation Options 59 2.19. Limitations on Eurocurrency Tranches 60 2.20. Interest Rates and Payment Dates 60 2.21 Computation of Interest and Fees 61 2.22 Inability to Determine Interest Rate 61 2.23 Pro Rata Treatment and Payments 62 2.24 Requirements of Law 64 2.25 Taxes 67 2.26. Indemnity 73 2.27. Change of Lending Office 73 2.28. Replacement of Lenders 74 2.29. Judgment Currency 74 2.30. Foreign Currency Exchange Rate 75 2.31. Certain Borrowings of Dollar Revolving Loans and Refunding of Multicurrency Loans 75 2.32. Evidence of Debt 76 2.33. Addition of Foreign Borrowers; Termination of Foreign Borrowers 76 2.34. Guarantee by Company of Foreign Obligations 78 2.35. Limitation of Certain Obligations of Foreign Borrowers 81 2.36. Cash Collateral 81 2.37. Defaulting Lenders 83 2.38. LIBOR Successor Rate 86 2.39. Minimum Interest 86 2.40. Lender Status Confirmation 87 SECTION 3 REPRESENTATIONS AND WARRANTIES 87 3.1. Financial Condition 87 3.2. No Change 88 3.3. Existence; Compliance with Law 88 3.4. Power; Authorization; Enforceable Obligations 88 3.5. No Legal Bar 89 3.6. Litigation 89 3.7. No Default 89 3.8. Ownership of Property, Liens 89 3.9. Intellectual Property 89 3.10. Taxes 89 3.11. Federal Regulations 90 3.12. ERISA 90 3.13. Investment Company Act; Other Regulations 91 3.14. Use of Proceeds 91 3.15. Environmental Matters 91 3.16. Accuracy of Information, etc 92 3.17. Solvency 92 3.18. Insurance 92 3.19. Subsidiaries 92 3.20. OFAC 93 3.21. Anti-Corruption Laws 93 3.22. EEA Financial Institution 93 3.23. Beneficial Ownership Certification 93 3.24. Compliance with Swiss Non-Bank Rules 93 SECTION 4 CONDITIONS PRECEDENT 93 4.1. Conditions to Initial Extension of Credit 93 4.2. Conditions to Each Extension of Credit 95 SECTION 5 AFFIRMATIVE COVENANTS 95 5.1. Fi...
Procedure for Swingline Borrowing. 19 2.06 Increase and Extension of Commitments.....................21 2.07 Ratable Reduction or Termination of Commitment............23 2.08 Non-Ratable Reduction or Termination of Commitments.......23 2.09
