Common use of Procedure for the Borrowing of Credit Extensions Clause in Contracts

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent prior to 11:00 a.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i) the amount of the Credit Extension (other than Advances), which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii) the requested Funding Date; and (iii) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances), until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent Bank in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent Bank may rely on any telephone notice given by a person whom Agent Bank reasonably believes is a Responsible Officer or designee. Borrower will indemnify Lenders Bank for any loss Lenders suffer Bank suffers due to such reliance by Agentreliance. Such Notice of Borrowing must be received by Agent Bank prior to 11:00 a.m. Eastern Pacific time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i1) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii2) the requested Funding Date; and; (iii3) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions; and (4) the duration of the Interest Period applicable to any such LIBOR Credit Extensions included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Credit Extension comprised of LIBOR Credit Extensions, such Interest Period shall be one (1) month. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent Bank in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent Bank may rely on any telephone notice given by a person whom Agent Bank reasonably believes is a Responsible Officer or designee. Borrower will indemnify Lenders Bank for any loss Lenders suffer Bank suffers due to such reliance by Agentreliance. Such Notice of Borrowing must be received by Agent Bank prior to 11:00 a.m. Eastern Pacific time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i1) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 100,000 in excess thereof; (ii2) the requested Funding Date; and; (iii3) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions; and (4) the duration of the Interest Period applicable to any such LIBOR Credit Extensions included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Credit Extension comprised of LIBOR Credit Extensions, such Interest Period shall be one (1) month. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent Bank in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent Bank prior to 11:00 a.m. 12:00 p.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of the 2014 Term Loan Advance and Prime Rate Credit Extensions, specifying: (i1) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof1,000,000; (ii2) the requested Funding Date; and; (iii3) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions; and (4) the duration of the Interest Period applicable to any such LIBOR Credit Extensions included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Credit Extension comprised of LIBOR Credit Extensions, such Interest Period shall be one (1) month. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent Bank in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent Bank prior to 11:00 a.m. 12:00 p.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i1) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii2) the requested Funding Date; and; (iii3) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions; and (4) the duration of the Interest Period applicable to any such LIBOR Credit Extensions included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Credit Extension comprised of LIBOR Credit Extensions, such Interest Period shall be one (1) month. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent prior to 11:00 a.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii) the requested Funding Date; and (iii) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.” and inserting in lieu thereof the following:

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent Bank in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent Bank may rely on any telephone notice given by a person whom Agent Bank believes is a Responsible Officer or designee. Borrower will indemnify Lenders Bank for any loss Lenders suffer Bank suffers due to such reliance by Agentreliance. Such Notice of Borrowing must be received by Agent Bank prior to 11:00 a.m. 12:00 p.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i1) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii2) the requested Funding Date; and; (iii3) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions; and (4) the duration of the Interest Period applicable to any such LIBOR Credit Extensions included in such notice; provided that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Credit Extension comprised of LIBOR Credit Extensions, such Interest Period shall be one (1) month. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent prior to 11:00 a.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 S1,000,000 in excess thereof; (ii) the requested Funding Date; and (iii) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent prior to 11:00 a.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii) the requested Funding Date; and (iii) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.” 3. The Loan Agreement shall be amended by deleting the following text, appearing in Section 3.5(d) thereof: “Any LIBOR Credit Extensions shall, at Agent’s option, convert into Prime Rate Credit Extensions in the event that (i) an Event of Default or Default shall exist, or (ii) the aggregate principal amount of the Prime Rate Credit Extensions which have been previously converted to LIBOR Credit Extensions, or the aggregate principal amount of existing LIBOR Credit Extensions continued, as the case may be, at the beginning of an Interest Period shall at any time during such Interest Period exceed the Term Loan Amount.” and inserting in lieu thereof the following: “Any LIBOR Credit Extensions shall, at Agent’s option, convert into Prime Rate Credit Extensions in the event that (i) an Event of Default or Default shall exist, or (ii) the aggregate principal amount of the Prime Rate Credit Extensions which have been previously converted to LIBOR Credit Extensions, or the aggregate principal amount of existing LIBOR Credit Extensions continued, as the case may be, at the beginning of an Interest Period shall at any time during such Interest Period exceed (A) the Term Loan Amount with respect to Credit Extensions made pursuant to Section 2.1.1, or (B) the Revolving Line with respect to Credit Extensions made pursuant to Section 2.1.2.” 4. The Loan Agreement shall be amended by deleting the following definitions appearing in Section 13.1 thereof:

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent Bank in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent Bank may rely on any telephone notice given by a person whom Agent Bank believes is a Responsible Officer or designee. Borrower will indemnify Lenders Bank for any loss Lenders suffer Bank suffers due to such reliance by Agentreliance. Such Notice of Borrowing must be received by Agent Bank prior to 11:00 a.m. Eastern Pacific time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i1) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of $1,000,000 or in any integral multiple of $1,000,000 in excess thereof; (ii2) the requested Funding Date; and; (iii3) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions; and (4) the duration of the Interest Period applicable to any such LIBOR Credit Extensions included in such notice; provided, however, that if the Notice of Borrowing shall fail to specify the duration of the Interest Period for any Credit Extension comprised of LIBOR Credit Extensions, such Interest Period shall be one (1) month. (b) The proceeds of all such Credit Extensions (other than AdvancesLetters of Credit) will then be made available to Borrower on the Funding Date by Lenders Bank by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit AccountAccount or, with respect to Letters of Credit, Bank has honored draws thereon.

Procedure for the Borrowing of Credit Extensions. (a) Subject to the prior satisfaction of all other applicable conditions to the making of a Credit Extension (other than Advances) set forth in this Agreement, each Credit Extension (other than an Advance) shall be made upon Borrower’s irrevocable written notice delivered to Agent in the form of a Notice of Borrowing, each executed by a Responsible Officer of Borrower or his or her designee or without instructions if the Credit Extensions (other than Advances) are necessary to meet Obligations which have become due. Agent may rely on any telephone notice given by a person whom Agent believes is a Responsible Officer or designee. Borrower will indemnify Lenders for any loss Lenders suffer due to such reliance by Agent. Such Notice of Borrowing must be received by Agent prior to 11:00 a.m. Eastern time, (i) at least three (3) Business Days prior to the requested Funding Date, in the case of LIBOR Credit Extensions, and (ii) at least one (1) Business Day prior to the requested Funding Date, in the case of Prime Rate Credit Extensions, specifying: (i) the amount of the Credit Extension (other than Advances)Extension, which, if a LIBOR Credit Extension is requested, shall be in an aggregate minimum principal amount of One Million Dollars ($1,000,000 1,000,000.00) or in any integral multiple of One Million Dollars ($1,000,000 1,000,000.00) in excess thereof; (ii) the requested Funding Date; and (iii) whether the Credit Extension (other than Advances) is to be comprised of LIBOR Credit Extensions or Prime Rate Credit Extensions. (b) The proceeds of all such Credit Extensions (other than Advances) will then be made available to Borrower on the Funding Date by Lenders by transfer to the Designated Deposit Account and, subsequently, by wire transfer to such other account as Borrower may instruct in the Notice of Borrowing. No Credit Extensions (other than Advances) shall be deemed made to Borrower, and no interest shall accrue on any such Credit Extension (other than Advances)Extension, until the related funds have been deposited in the Designated Deposit Account.