Common use of Procedures for Funding of Revolving Loans Clause in Contracts

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three (3) Business Days before the date on which the Borrower requests the Lenders to advance a Funding of Eurodollar Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBOR. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender. Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) be in an amount equal to $2,500,000 or an integral multiple of $100,000 in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentages, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c). No Funding of Eurodollar Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a Lender has acted in reliance thereon.

Appears in 2 contracts

Samples: Loan and Security Agreement (Credit Acceptance Corp), Loan and Security Agreement (Credit Acceptance Corp)

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Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three threetwo (332) Business Days before the date on which the Borrower requests the Lenders to advance a Funding of Eurodollar EurodollarDaily SOFR Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBORLIBORDaily Simple SOFR. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender. Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding under the Prior Agreement (the “Initial Funding”) be in a minimum amount of $2,500,000, (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 or an integral multiple of $100,000 in excess thereof and (bc) be allocated among the Lenders ratably based on their respective Applicable Percentages, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c). No Funding of Eurodollar EurodollarDaily SOFR Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three threetwo (332) Business Days before the date on which the Borrower requests the Lenders to advance a Funding of Eurodollar EurodollarBenchmark Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBORLIBORBenchmark. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender. Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) be in an amount equal to $2,500,000 or an integral multiple of $100,000 in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentages, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c). No Funding of Eurodollar EurodollarBenchmark Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice give notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three (3) Business Days before the date on which the Borrower requests the Lenders Lender to advance a Funding of Eurodollar Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBOR. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender (with a copy to the Lender) by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender(which notice shall be irrevocable once given). Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding hereunder (the “Initial Funding”) be in a minimum amount of $1,000,000, and (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 1,000,000 or an integral multiple of $100,000 in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentagesthereof, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c)irrevocable. No Funding of Eurodollar Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each the Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a the Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a the Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three (3) Business Days before the date on which the Borrower requests the Lenders to advance a Funding of Eurodollar Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBOR. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender. Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding under the Prior Agreement (the “Initial Funding”) be in a minimum amount of $2,500,000, (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 or an integral multiple of $100,000 in excess thereof and (bc) be allocated among the Lenders ratably based on their respective Applicable Percentages, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c). No Funding of Eurodollar Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice give notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three two (32) Business Days before the date on which the Borrower requests the Lenders Lender to advance a Funding of Eurodollar Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBOR. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender (with a copy to the Lender) by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender(which notice shall be irrevocable once given). Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding hereunder (the “Initial Funding”) be in a minimum amount of $1,000,000, and (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 1,000,000 or an integral multiple of $100,000 in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentagesthereof, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c)irrevocable. No Funding of Eurodollar Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each the Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a the Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a the Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice give notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three two (32) Business Days before the date on which the Borrower requests the Lenders Lender to advance a Funding of Eurodollar Benchmark Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBORBSBY. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender (with a copy to the Lender) by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender(which notice shall be irrevocable once given). Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding hereunder (the “Initial Funding”) be in a minimum amount of $1,000,000, and (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 1,000,000 or an integral multiple of $100,000 in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentagesthereof, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c)irrevocable. No Funding of Eurodollar Benchmark Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each the Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a the Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a the Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

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Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three two (32) Business Days before the date on which the Borrower requests the Lenders to advance a Funding of Eurodollar Benchmark Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBORBenchmark. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender. Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) be in an amount equal to $2,500,000 or an integral multiple of $100,000 in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentages, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c). No Funding of Eurodollar Benchmark Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three two (32) Business Days before the date on which the Borrower requests the Lenders to advance a Funding of Eurodollar Revolving Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBOR. The Borrower shall give all such LIBOR or, if a Conduit Lender is advancing the Funding Notices to through the Deal Agent and each Lender by telephoneissuance of Commercial Paper Notes, telecopy, or other telecommunication device acceptable to the Deal Agent and each LenderCP Rate. Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding hereunder (the “Initial Funding”) be in a minimum amount of $1,000,000, (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 1,000,000 or an integral multiple of $100,000 in excess thereof and (bc) be allocated among the Lenders Lender Groups ratably based on their respective Applicable PercentagesLender Group Commitment Percentages and further allocated among the Class A Lender Groups ratably based on the aggregate Class A Commitments of the Committed Lenders in each Class A Lending Group and among the Class B Lender Groups ratably based on the aggregate Class B Commitments of the Committed Lenders in each Class B Lender Group, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a such Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c). If a Conduit Lender exercises its right not to make a Funding of Revolving Loans, the Managing Agent for such Conduit Lender shall notify the Borrower by no later than 12:00 p.m. (New York City time) on the Business Day immediately preceding the applicable Funding Date. No Funding of CP Rate Loans or Eurodollar Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event, Termination Event or Termination Amortization Event then exists. The Borrower shall give all such Funding Notices to the Deal Agent (with a contemporaneous copy to each Managing Agent, the Collateral Agent and each Lender) by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Managing Agent (which notice shall be irrevocable once given). The Borrower agrees that the Deal Agent, each Managing Agent and each Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a Lender each such Managing Agent in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a Lender such Managing Agent has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

Procedures for Funding of Revolving Loans. (a) The Borrower shall deliver a Funding Notice give notice to the Deal Agent and the Lenders by no later than 12:00 noon (New York City time) at least three two (32) Business Days before the date on which the Borrower requests the Lenders Lender to advance a Funding of Eurodollar Loans. The Revolving Loans included in each Funding shall bear interest at the Adjusted LIBOR. The Borrower shall give all such Funding Notices to the Deal Agent and each Lender (with a copy to the Lender) by telephone, telecopy, or other telecommunication device acceptable to the Deal Agent and each Lender(which notice shall be irrevocable once given). Each Funding Notice shall: (i) specify the desired amount of such Funding which amount must (a) in the case of the initial funding hereunder (the “Initial Funding”) be in a minimum amount of $1,000,000, and (b) in the case of any Incremental Funding, be in an amount equal to $2,500,000 1,000,000 or an integral multiple of $100,000 ‑ 34 ‑ in excess thereof and (b) be allocated among the Lenders ratably based on their respective Applicable Percentagesthereof, (ii) specify the date of such Funding, and (iii) include a representation that all conditions precedent for a Funding described in Article III hereof have been met. Each Funding Notice shall be irrevocable except as set forth in Section 2.3(c)irrevocable. No Funding of Eurodollar Loans shall be advanced, continued, or created by conversion if any Unmatured Termination Event or Termination Event then exists. The Borrower agrees that the Deal Agent and each the Lender may rely on any such telephonic, telecopy or other telecommunication notice given by any person the Deal Agent or a the Lender in good faith believes is an authorized representative of the Borrower without the necessity of independent investigation, and in the event any such notice by telephone conflicts with any written confirmation such telephonic notice shall govern if the Deal Agent or a the Lender has acted in reliance thereon.

Appears in 1 contract

Samples: Loan and Security Agreement (Credit Acceptance Corp)

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