Procedures for Loans. Administrative Agent shall give written notice to each Lender of each request for a Loan Advance, or conversion of an existing Loan Advance from a Variable Rate Advance to an Effective LIBO Rate Advance, by facsimile transmission, hand delivery or overnight courier, not later than 11:00 a.m. (Eastern time) (i) three (3) Business Days prior to any Effective LIBO Rate Advance or conversion to an Effective LIBO Rate Advance, or (ii) one (1) Business Day prior to any Variable Rate Advance. Each such notice shall be accompanied by a written summary of the request for a Loan Advance and shall specify (a) the date of the requested Loan Advance, (b) the aggregate amount of the requested Loan Advance, (c) each Lender's pro rata share of the requested Loan Advance, and (d) the applicable interest rate selected by Borrower with respect to such Loan Advance, or any portion thereof, together with the applicable Interest Period, if any, selected, or deemed selected, by Borrower. Each Lender shall, before 11:00 a.m. (Eastern time) on the date set forth in any such request for a Loan Advance, upon Administrative Agent's determination that the applicable conditions to making the requested Loan Advance have been fulfilled or will be fulfilled prior to the said Loan Advance, make available to Administrative Agent, at an account to be designated by Administrative Agent at Fleet National Bank in Boston, Massachusetts, in same day funds, each Lender's ratable portion of the requested Loan Advance. After Administrative Agent's receipt of such funds and upon Administrative Agent's determination that the applicable conditions to making the requested Loan Advance have been fulfilled, Administrative Agent shall make such funds available to Borrower as provided for in this Loan Agreement. Within a reasonable period of time following the making of each Loan Advance, but in no event later than ten (10) Business Days following such Loan Advance, Administrative Agent shall deliver to each Lender a copy of Borrower's request for Loan Advance. Promptly after receipt by Administrative Agent of written request from any Lender, Administrative Agent shall deliver to the requesting Lender the accompanying certifications and such other instruments, documents, certifications and approvals delivered by or on behalf of Borrower to Administrative Agent in support of the requested Loan Advance.
Procedures for Loans. Administrative Agent shall give written notice to each Lender of each request for a Loan Advance, or conversion of an existing Loan Advance from a Variable Rate Advance to an Effective LIBO Rate Advance, by facsimile transmission, hand delivery or overnight courier, not later than 11:00 a.m. (Eastern time) (i) three (3) Business Days prior to the making of any Loan Advance, (ii) two (2) Business Days prior to any conversion of an existing Loan Advance to an Effective LIBO Rate Advance, or (iii) on the first day of any conversion to a Variable Rate Advance. Each such notice shall be accompanied by a written summary of the request for a Loan Advance and shall specify (a) the date of the requested Loan Advance, (b) the aggregate amount of the requested Loan Advance, (c) each Lender’s pro rata share of the requested Loan Advance, and (d) the applicable interest rate selected by Borrower with respect to such Loan Advance, or any portion thereof, together with the applicable Interest Period, if any, selected, or deemed selected, by Borrower. Each Lender shall, before 11:00 a.m. (Eastern time) on the date set forth in any such request for a Loan Advance, make available to Administrative Agent, at an account to be designated by Administrative Agent at KeyBank, National Association, Boston, Massachusetts, in same day funds, each Lender’s ratable portion of the requested Loan Advance provided that no Lender shall be required to fund any Loan Advance to the extent that such Lender’s aggregate outstanding Loan Advances would exceed its Commitment. After Administrative Agent’s receipt of such funds and upon Administrative Agent’s determination that the applicable conditions to making the requested Loan Advance have been fulfilled, Administrative Agent shall make such funds available to Borrower as provided for in this Loan Agreement. Within a reasonable period of time following the making of each Loan Advance, but in no event later than ten (10) Business Days following such Loan Advance, Administrative Agent shall deliver to each Lender a copy of Borrower’s request for Loan Advance. Promptly after receipt by Administrative Agent of written request from any Lender, Administrative Agent shall deliver to the requesting Lender the accompanying certifications and such other instruments, documents, certifications and approvals delivered by or on behalf of Borrower to Administrative Agent in support of the requested Loan Advance.
Procedures for Loans. (1) Administrative Agent shall give written notice to each Lender of Administrative Agent’s receipt of each Warehousing Advance Request by facsimile transmission, e-mail, hand delivery or overnight courier, on the same day as received from the Borrower. Each such notice shall be accompanied by a written summary of the request for a Loan and shall specify (i) the date on which Borrower desires the Warehousing Advance be funded, (ii) the aggregate amount of the requested Warehousing Advance, and (iii) each Lender’s Commitment Percentage of the requested Warehousing Advance. Each Lender shall, before 12:00 p.m. on the date set forth in any such request for a Warehousing Advance, make available to Administrative Agent, at an account to be designated by Administrative Agent at Bank of America, N.A., in same day funds, each Lender’s Commitment Percentage of the requested Warehousing Advance. After Administrative Agent’s receipt of such funds and upon Administrative Agent’s determination that the applicable conditions to making the requested Warehousing Advance have been fulfilled, Administrative Agent shall make such funds available to Borrower as provided in this Agreement.
(2) Notwithstanding clause (1) above, unless the Administrative Agent shall have been notified by any Lender prior to the date on which a Warehousing Advance is to be made to the Borrower that such Lender does not intend to make available to the Administrative Agent such Lender’s ratable portion of the requested Warehousing Advance, the Administrative Agent may assume that such Lender will make such amount available to the Administrative Agent on such date and the Administrative Agent may, in its sole discretion (provided that the other applicable conditions to making the requested Warehousing Advance have been fulfilled), but shall not be obligated to, make available to the Borrower a corresponding amount on the date of such Warehousing Advance (the “Corresponding Amount”). The Lender shall reimburse the Administrative Agent in same day funds for any such Corresponding Amount by 12:00 p.m. on the same day that the Administrative Agent makes available to Borrower such Corresponding Amount. If such Corresponding Amount is not in fact reimbursed to the Administrative Agent, the Administrative Agent may, in its unrestricted discretion, by providing written notice to such Lender, deem such Lender a Delinquent Lender for all purposes under this Agreement and the Administrative Agent shall be enti...
Procedures for Loans. 53 13.2.2 Nature of Obligations of Lenders ................................ 53 13.2.3 Payments to Administrative Agent ................................ 53 13.2.4 Distribution of Liquidation Proceeds ............................ 54 13.2.5 Adjustments ..................................................... 54 13.2.6 Distribution by Administrative Agent ............................ 55 13.2.7
Procedures for Loans. Any request by the Borrower for a Loan shall be irrevocable and shall be in writing, or by telephone promptly confirmed in writing or by e-mail or fax, and must be given so as to be received by the Agent not later than (i) 1:00 p.m. on a Business Day that is three Business Days prior to the date of any Loan requested as a LIBOR Advance or (ii) 1:00 p.m. on a Business Day that is the date of any Loan requested as a Base Rate Advance. Each request for Loans hereunder shall include a Borrowing Request and shall specify (i) the requested Loan Date, (ii) the aggregate amount of Loans to be made on such date, and (iii) whether such Loans are to be funded as LIBOR Advances (and, if so, whether the duration of the initial Interest Rate applicable thereto is to be one month, two months or three months) or as Base Rate Advances. The aggregate amount of Loans specified in any such request shall be in a minimum amount of (x) in the case of Base Rate Advances, $1,000,000 or a whole multiple thereof and (y) in the case of LIBOR Advances, $10,000,000 and whole multiples of $5,000,000 in excess thereof. The Agent may rely on any telephone request for Loans hereunder which it believes in good faith to be genuine; and the Borrower hereby waives the right to dispute the Agent’s record of the terms of such telephone request. The Agent shall promptly notify each other Lender of the receipt of such request, the matters specified therein, and of such Lender’s ratable share of the requested Loans. On the requested Loan Date, each Lender shall provide its share of the requested Loans to the Agent in Immediately Available Funds not later than 2:30 p.m. Unless either the Agent or the Required Lenders determine that any applicable condition specified in Article III has not been satisfied, the Agent will make available to the Borrower at the Agent’s principal office in Minneapolis, Minnesota in Immediately Available Funds not later than 3:00 p.m. on the requested Loan Date the amount of the requested Loans to the extent that the Lenders have funded their respective shares thereof (other than the proceeds of the Loans made pursuant to Section 2.13, which, on the applicable Loan Date, shall not be made available to the Borrower but shall be deposited by the Agent into the Letter of Credit Collateral Account in accordance with Section 2.13). Each request for a Loan hereunder shall be deemed a representation by the Borrower that on the date of such request and the applicable Loan Date and...
Procedures for Loans. Subject to all of the terms and conditions of this Agreement, including without limitation, the satisfaction of all the conditions set forth in Section 3.2 (except clause (a) thereof) to the making of any Loan, each Revolving Borrowing, each conversion of Revolving Loans from one Type to the other, and each continuation of Eurocurrency Rate Loans shall be made upon the Company’s irrevocable notice to the Administrator, which may be given by telephone. Each such notice must be received by the Administrator not later than 11:00 a.m.
(i) three Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurocurrency Rate Loans denominated in Dollars or of any conversion of Eurocurrency Rate Loans denominated in Dollars to Base Rate Revolving Loans, (ii) four Business Days (or five Business Days in the case of a Special Notice Currency) prior to the requested date of any Borrowing or continuation of Eurocurrency Rate Loans denominated in Alternative Currencies, and (iii) on the requested date of any Borrowing of Base Rate Revolving Loans. Each telephonic notice by the Company pursuant to this Section 1.3(a) must be confirmed promptly by delivery to the Administrator of a written Revolving Loan Notice, appropriately completed and signed by a Responsible Officer of the Company. Each Borrowing of, conversion to or continuation of Eurocurrency Rate Loans shall be in a principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof; provided, that Eurocurrency Rate Loans denominated in Alternative Currencies shall be in a principal amount of $100,000 or a whole multiple of $100,000 in excess thereof. Except as provided in Sections 1.5(d) and 1.6(c), each Revolving Borrowing of or conversion to Base Rate Revolving Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Revolving Loan Notice (whether telephonic or written) shall specify (i) whether the Company is requesting a Revolving Borrowing, a conversion of Revolving Loans from one Type to the other, or a continuation of Eurocurrency Rate Loans, (ii) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Revolving Loans to be borrowed, converted or continued, (iv) the Type of Revolving Loans to be borrowed or to which existing Revolving Loans are to be converted, (v) if applicable, the duration of the Interest Period wit...
Procedures for Loans. 48 10.2.2 Nature of Obligations of Lenders.........................49
Procedures for Loans. Agent shall give written notice to each Lender of each request for a Loan by facsimile transmission, hand delivery or overnight courier, not later than 11:00 a.m. (Boston time) two (2) Business Days prior to any Loan or change of an existing Interest Period for any existing LIBOR Advance. Each such notice shall be accompanied by a written summary of the request for a Loan and shall specify (a) the date of the requested Loan, (b) the aggregate amount of the requested Loan, (c) each Lender's pro rata share of the requested Loan, and (d) the applicable Interest Period selected by Borrower with respect to such Loan, or any portion thereof, selected, or deemed selected, by Borrower. Each Lender shall, before 11:00 a.m. (Boston time) on the date set forth in any such request for a Loan, make available to Agent, at an account to be designated by Agent at Fleet National Bank in Boston, Massachusetts, in same day funds, each Lender's ratable portion of the requested Loan. After Agent's receipt of such funds and upon Agent's determination that the applicable conditions to making the requested Loan have been fulfilled, Agent shall make such funds available to Borrower as provided for in this Loan Agreement. Within a reasonable period of time following the making of each Loan, Agent shall deliver to each Lender a copy of Borrower's request for Loan. Promptly after receipt by Agent of written request from any Lender, Agent shall deliver to the requesting Lender the accompanying certifications and such other instruments, documents, certifications and approvals delivered by or on behalf of Borrower to Agent in support of the requested Loan.
Procedures for Loans. Administrative Agent shall give written notice to each Lender of each request for a conversion of an existing Loan from a Variable Rate Loan to a Fixed LIBOR Rate Loan, by facsimile transmission, hand delivery or overnight courier, not later than 11:00 a.m. (Charlotte, North Carolina time) (i) two (2) Business Days prior to any Fixed LIBOR Rate Loan or conversion to a Fixed LIBOR Rate Loan, or (ii) one (I) Business Day prior to any Variable Rate Loan. Each such notice shall be accompanied by a written summary of the request for a Loan and shall specify a) the date of the requested Loan, (b) the aggregate amount of the requested Loan, (c) each Lender’s pro rata share of the requested Loan, and (d) the applicable interest rate selected by Borrower with respect to such Loan, or any portion thereof, together with the applicable Interest Period, if any, selected, or deemed selected, by Borrower. Each Lender shall, before 11:00 a.m. (Charlotte, North Carolina time) on the date set forth in any such request for a Loan, make available to Administrative Agent, at an account to be designated by Administrative Agent at Bank of America, N.A. in Charlotte, North Carolina, in same day funds, each Lender’s ratable portion of the requested Loan. After Administrative Agent’s receipt of such funds and upon Administrative Agent’s determination that the applicable conditions to making the requested Loan have been fulfilled, Administrative Agent shall make such funds available to Borrower as provided for in this Agreement. Within a reasonable period of time following the making of each Loan, but in no event later than ten (10) Business Days following such Loan, Administrative Agent shall deliver to each Lender a copy of Borrower’s request for Loans. Promptly after receipt by Administrative Agent of written request from any Lender, Administrative Agent shall deliver to the requesting Lender the accompanying certifications and such other instruments, documents, certifications and approvals delivered by or on behalf of Borrower to Administrative Agent in support of (he requested Loan.
Procedures for Loans. Administrative Agent shall give written notice to each Lender of Administrative Agent’s receipt of each Warehousing Advance Request by facsimile transmission, hand delivery or overnight courier, not later than 11:00 a.m. (Boston time) (i) three (3) Business Days prior to any Warehousing Advance. Each such notice shall be accompanied by a written summary of the request for a Loan and shall specify (a) the date on which Borrower desires the Warehousing Advance be funded, (b) the aggregate amount of the requested Warehousing Advance, and (c) each Lender’s Commitment Percentage of the requested Warehousing Advance. To the extent each Lender has determined to make a requested Warehousing Advance in its discretion, as noted in Section 2.2 of this Agreement, each Lender shall, before 11:00 a.m. (Boston time) on the date set forth in any such request for a Loan, make available to Administrative Agent, at an account to be designated by Administrative Agent at Bank of America, N.A. in Boston, Massachusetts, in same day funds, each Lender’s Commitment Percentage of the requested Warehousing Advance. After Administrative Agent’s receipt of such funds and upon Administrative Agent’s determination that the applicable conditions to making the requested Warehousing Advance have been fulfilled, Administrative Agent shall make such funds available to Borrower as provided in this Agreement.
