Request for Loans. (a) With respect to any Loan (other than an Incremental Loan), the Borrower must give to the Administrative Agent a written Loan Notice (or telephonic notice promptly confirmed in writing) which Loan Notice must:
(i) specify (i) the aggregate amount of any Borrowing of ABR Loans and the date on which such ABR Loans are to be advanced, which shall be the Closing Date or (ii) the aggregate amount of any Borrowing of Eurodollar Loans and the date on which such Eurodollar Loans are to be advanced (which shall be the Closing Date and which shall be the first day of the Interest Period which is to apply thereto); and
(ii) be received by the Administrative Agent not later than 12:00 p.m. (i) one Business Day preceding the Closing Date if such Borrowing is to be comprised of ABR Loans, or (ii) on the third Business Day preceding the Closing Date if such Borrowing is to be comprised of Eurodollar Loans. Each such written request or confirmation must be made in the form and substance of the Loan Notice, duly completed. Each such telephonic request shall be deemed a representation, warranty, acknowledgment and agreement by the Borrower as to the matters which are required to be set out in such written confirmation. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Upon receipt of the Loan Notice requesting Loans, the Administrative Agent shall give each Lender prompt notice of the terms thereof. If all conditions precedent to the Closing Date have been met, each Lender will by 11:00 a.m. on the date requested promptly remit to the Administrative Agent at the Administrative Agent’s Office the amount of such Lender’s Loan in immediately available funds, and upon receipt of such funds, unless to its actual knowledge any conditions precedent to the Loan have been neither met nor waived as provided herein, the Administrative Agent shall promptly make such Loans available to the Borrower.
(b) The procedures for the funding of Incremental Loans shall be as set forth in the applicable Incremental Amendment.
Request for Loans. The Agent shall have timely received the Notice of Borrowing, or in the case of an extension or conversion of any Loan the applicable notice of extension or conversion, in accordance with this Agreement, in form and substance reasonably satisfactory to the Agent.
Request for Loans. At any time prior to the Expiration Date, the Company may request that Niobe make a loan to the Company by submitting to Niobe a written request therefor (a “Loan Request”), which Loan Request must contain: (i) the amount of the loan requested to be made; (ii) a certification that no Material Adverse Event has occurred; and (iii) the aggregate principal amount of all loans made to the Company by Niobe pursuant to the 2014 Credit Facility Agreement, as amended, prior to such request. Such Loan Request must be accompanied by a written certification signed by an executive officer of the Company certifying that no Event of Default has occurred and is continuing under any outstanding note of the Company.
Request for Loans. Credit Parties shall be entitled to honor any request for Loan proceeds made by Borrower and shall have no obligation to see to the proper disposition of such advances. Each Guarantor agrees that their respective obligations hereunder shall not be released or affected by reason of any improper disposition by Borrower of such Loan proceeds.
Request for Loans. Each Borrower or Portfolio shall give the Bank telephonic or written notice, specifying the amount and date of each Loan requested, no later than 2:00 p.m. (Boston time) on the Business Day on which the Borrower or Portfolio requests the proceeds of such Loan to be made available by the Bank. Upon receipt from the Bank of a Borrowing Notice prepared by the Bank in connection with such Loan request, the Borrower or Portfolio shall execute such Borrowing Notice and return it promptly to the Bank.
Request for Loans. The Borrower may from time to time make requests for Loans (each such request being a “Borrowing Notice”) hereunder. Each Borrowing Notice shall (i) specify the principal amount of the Loan requested, (ii) specify the final maturity not to be less than one year from the Borrowing Date, (iii) specify the proposed date for the borrowing of the Loan (the “Borrowing Date”), (iv) specify whether the Loan shall bear interest at a fixed rate or a floating rate, (v) specify the dates on which interest is to be paid, and (vi) specify the number of the account and the name and address of the depository institution to which the proceeds of the Loan are to be transferred on the Borrowing Date. Each Borrowing Notice may be given telephonically or in writing. Each such request for a Loan is subject to acceptance by the Lender, in its sole discretion.
Request for Loans. (a) To request Loans to be made on the Availability Date, the Borrower shall notify the Administrative Agent and the Lead Lender of such request by telephone, not later than 12:00 noon, New York, New York time, fifteen (15) Business Days prior (or such shorter period as agreed to by the Lenders in their sole discretion) to its request for Loans. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent and Lead Lender of a written Borrowing Request in a form approved by the Administrative Agent and Lead Lender and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information:
(i) the aggregate amount of the Loans to be made;
(ii) the Availability Date, which shall be a Business Day; and
(iii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.03. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made.
Request for Loans. Borrower shall provide Silicon with at least fifteen (15) days’ prior written notice (or such lesser notice as Silicon may agree to accept) of Borrower’s desire to have Silicon make any Loan to Borrower which causes the principal balance to exceed $1,000,000. Such Loans, if any, shall be made in accordance with the terms and conditions of this Agreement
Request for Loans. Each Loan shall be made on the same Business Day as written notice in the form of the “Request for Loan” attached to this Agreement as Exhibit “B” duly completed and executed by an Authorized Officer of each Borrower is received by Lender if received by 12:00 p.m. (Dallas, Texas time) and on the next Business Day if received by Lender after 12:00 p.m. (Dallas, Texas time). If all conditions precedent to the Loan have been met, Lender will, on the date requested, make the Loan available to Borrowers by depositing the proceeds thereof into an account maintained at Lender as directed by Borrowers.
Request for Loans. To request the advance of the Loans, the Borrower shall submit a duly completed Borrowing Request (a) in the case of LIBOR Loans, by not later than 11:00 a.m., Toronto time, three (3) Business Days before the date of the proposed advance, or (b) in the case of U.S. Base Rate Loans, by not later than 11:00 a.m., Toronto time, one (1) Business Day before the date of the proposed advance. The Borrowing Request shall be irrevocable. The Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the requested Loans;
(ii) the date of advance of the requested Loans, which shall be a Business Day;
(iii) the Type of Loans requested;
(iv) in the case of LIBOR Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the Type of Loan is specified, then the requested Loans shall be a U.S. Base Rate Loans. If no Interest Period is specified with respect to any requested LIBOR Loans, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.
