Common use of Request for Loans Clause in Contracts

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.

Appears in 4 contracts

Samples: Senior Secured Term Loan Agreement (Energy Transfer Equity, L.P.), Senior Secured Term Loan Agreement, Senior Secured Term Loan Agreement (Energy Transfer Equity, L.P.)

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Request for Loans. (a) With respect to any Loan (other than an Incremental Loan), the The Borrower must give to the Administrative Agent a written Loan Notice (or telephonic notice promptly confirmed in writing) which Loan Notice must: (ia) 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 Funding 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 Funding Date and which shall be the first day of the Interest Period which is to apply thereto); and (iib) be received by the Administrative Agent not later than 12:00 p.m. (i) one Business Day preceding the Closing Funding Date if such Borrowing is to be comprised of ABR Loans, or (ii) on the third Business Day preceding the Closing Funding 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 Funding 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.

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (Energy Transfer Equity, L.P.)

Request for Loans. (a) With respect to any Loan (other than an Incremental Loan), the The Borrower must give to the Administrative Agent a written Loan Notice (or telephonic notice promptly confirmed in writing) which Loan Notice must: (ia) 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 (iib) be received by the Administrative Agent not later than 12:00 p.m. 9:00 a.m. New York time on (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. New York time 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 its 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.

Appears in 1 contract

Samples: Senior Bridge Term Loan Credit Agreement (Energy Transfer Equity, L.P.)

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 notice (or telephonic notice promptly confirmed in writing) which Loan Notice must: (ia) specify (i) the aggregate amount of any Borrowing of ABR Base Rate Loans and the date on which such ABR Base Rate 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 the length of the applicable Interest Period; and (iib) be received by the Administrative Agent not later than 12:00 p.m. 11:00 a.m. on (i) one Business Day preceding the Closing Date if such Borrowing is to be comprised of ABR Base Rate 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 NoticeNotice attached as Exhibit C hereto, 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 any such 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 2:00 p.m., 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 such Loans 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.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Energy Transfer LP)

Request for Loans. Not later than 11:00 a.m., New York City time on the Business Day of a borrowing of Loans that are to be Base Rate Loans and at least three (a3) With respect Business Days prior to any Loan (other than an Incremental Loan)a borrowing of Loans that are to be Term Benchmark Loans, the Borrower must give shall deliver to the Administrative Agent a written Loan Notice (or telephonic notice promptly confirmed in writing) which Loan of Borrowing; provided that notwithstanding the foregoing, with respect to a borrowing of Term Benchmark Loans on the Funding Date, if agreed by all Lenders, the Borrower may deliver a Notice must: (i) of Borrowing for such borrowing of Term Benchmark Loans on the Funding Date. The Notice of Borrowing shall specify (i) the aggregate principal amount of any Borrowing of ABR the Loans and to be borrowed, the date during the Availability Period on which such ABR Loans are to be advancedborrowed (which must be a Business Day) (the “Funding Date”), which shall be the Closing Date or (ii) Type of the aggregate amount of any Borrowing of Eurodollar requested Loans and the date on which and, if such Eurodollar Loans are to be advanced (which shall be Term Benchmark Loans, the Closing Date and which shall be the first day of the initial 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 for 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 noticespecified, then the requested Borrowing shall be an ABR a Base Rate Loan Borrowing. If no Interest Period is specified with respect to any Eurodollar Borrowing is specified in any such noticeTerm Benchmark Loan Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Upon receipt The Notice of Borrowing shall be irrevocable once given and binding on the Borrower. Prior to delivering the Notice of Borrowing, the Borrower may (without specifying whether a Loan Notice requesting Loans, will be a Base Rate Loan or a Term Benchmark Loan) request that the Administrative Agent shall give each Lender prompt notice of provide the terms thereof. If all conditions precedent Borrower with the most recent Adjusted Term SOFR Rate available to the Closing Date have been met, each Lender will by 11:00 a.m. Administrative Agent. The Administrative Agent shall provide such quoted rate to the Borrower 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 request or as provided herein, the Administrative Agent shall promptly make such Loans available to the Borrowersoon as possible thereafter. (b) The procedures for the funding of Incremental Loans shall be as set forth in the applicable Incremental Amendment.

Appears in 1 contract

Samples: Term Loan Agreement (Spirit Realty Capital, Inc.)

Request for Loans. (a) With respect To request Loans to any Loan (other than an Incremental Loan)be made on the Effective Date, the Borrower must give shall deliver in writing to the Administrative Agent a duly completed Borrowing Request, not later than 12:00 noon, New York City time, one (1) Business Day prior to the Effective Date. Such Borrowing Request shall be irrevocable and shall be delivered by telecopy or email to the Administrative Agent with copy to the Lead Lender and shall be signed by the Borrower. Each such written Loan Notice (or telephonic notice promptly confirmed in writing) which Loan Notice mustBorrowing Request shall specify the following information: (i) specify (i) the aggregate amount of any Borrowing of ABR Loans and the date on which such ABR Loans are Term Loan to be advancedmade; (ii) the Effective Date, 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)a Business Day; and (iiiii) be received by the Administrative Agent not later than 12:00 p.m. (i) one Business Day preceding wiring information of the Closing Date if such Borrowing is Borrower’s account to which funds are to be comprised disbursed, which shall comply with the requirements of ABR Loans, or (ii) on the third Business Day preceding the Closing Date if such Borrowing is to be comprised of Eurodollar LoansSection 2.04. 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 Promptly following receipt of the Loan Notice requesting Loansa Borrowing Request in accordance with this Section, the Administrative Agent shall give advise 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 details thereof and of the amount of such Lender’s Loan to be made. (b) To request Delayed Term Loan Draws to be made during the Delayed Draw Term Loan Funding Period, the Borrower shall deliver in immediately available fundswriting to the Administrative Agent a duly completed Borrowing Request, not later than 12:00 noon, New York City time, ten (10) Business Days prior to the proposed date of such Delayed Term Loan Draw (or such shorter period as agreed to by the Lead Lender in its sole discretion, but in any event not later than 12:00 noon, New York City time, one Business Day prior to the proposed date of such Delayed Term Loan Draw). Such Borrowing Request shall be irrevocable and upon shall be delivered by telecopy or email to the Administrative Agent with copy to the Lead Lender and shall be signed by the Borrower. Each such written Borrowing Request shall specify the following information: (i) the aggregate amount of the Delayed Draw Term Loan to be made; (ii) the proposed date of such Delayed Term Loan Draw, which shall be a Business Day; (iii) the wiring information of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04; and (iv) whether the use of proceeds of such proposed Delayed Draw Term Loan shall be used for a “Pre-Approved Acquisition” and evidence reasonably satisfactory to the Lead Lender evidencing the same. Promptly following receipt of such funds, unless to its actual knowledge any conditions precedent to the Loan have been neither met nor waived as provided hereina Borrowing Request in accordance with this Section, the Administrative Agent shall promptly make advise each Lender of the details thereof and of the amount of such Loans available Lender’s Delayed Draw Term Loan Loan to the Borrowerbe made. (b) The procedures for the funding of Incremental Loans shall be as set forth in the applicable Incremental Amendment.

Appears in 1 contract

Samples: Credit Agreement (Lilis Energy, Inc.)

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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 notice (or telephonic notice promptly confirmed in writing) which Loan Notice of its requested Borrowing of the Loans to be advanced by Lenders. Such notice shall constitute a "Borrowing Notice" hereunder and must: (ia) specify (i) the aggregate amount of any such Borrowing of ABR Base Rate Loans and the date on which such ABR Base Rate Loans are to be advanced, which shall be the Closing Date or (ii) the aggregate amount of any such Borrowing of Eurodollar Loans and LIBOR Loans, the date on which such Eurodollar LIBOR 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 the length of the applicable Interest Period; and (iib) be received by the Administrative Agent not later than 12:00 p.m. 10:00 a.m., Houston, Texas time, on (i) one Business Day preceding the Closing Date if day on which such Borrowing is Base Rate Loans are to be comprised of ABR Loansmade, or (ii) on the third Business Day preceding the Closing Date if day on which such Borrowing is LIBOR Loans are to be comprised of Eurodollar Loansmade. Each such Such written request or confirmation must be made in the form and substance of the Loan "Borrowing Notice" attached hereto as Exhibit B, duly completed. Each such 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 LoansBorrowing Notice, the Administrative Agent shall give each Lender prompt notice of the terms thereof. If all conditions precedent to the Closing Date Loans 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 's office in Houston, Texas the amount of such Lender’s 's Loan in immediately available funds, and upon receipt of such funds, unless to its actual knowledge any conditions precedent to the Loan such Loans have been neither met nor waived as provided herein, the Administrative Agent shall promptly make such Loans available to Borrower. Unless Administrative Agent shall have received prompt notice from a Lender that such Lender will not make available to Administrative Agent such Lender's Loan, Administrative Agent may in its discretion assume that such Lender has made such Loan available to Administrative Agent in accordance with this section and Administrative Agent may if it chooses, in reliance upon such assumption, make such Loan available to Borrower. If and to the extent such Lender shall not so make its Loan available to Administrative Agent, such Lender and Borrower severally agree to pay or repay to Administrative Agent within three Business Days after demand the amount of such Loan together with interest thereon, for each day from the date such amount was made available to Borrower until the date such amount is paid or repaid to Administrative Agent, with interest at (i) the Federal Funds Rate, if such Lender is making such payment and (ii) the interest rate applicable at the time to the other Loans made on such date, if Borrower is making such repayment. If neither such Lender nor Borrower pays or repays to Administrative Agent such amount within such three-Business Day period, Administrative Agent shall in addition to such amount be entitled to recover from such Lender and from Borrower. (b) , on demand, interest thereon at the Default Rate applicable to Base Rate Loans, calculated from the date such amount was made available to Borrower. The procedures failure of any Lender to make any Loan to be made by it hereunder shall not relieve any other Lender of its obligation hereunder, if any, to make its Loan, but no Lender shall be responsible for the funding failure of Incremental Loans shall any other Lender to make any Loan to be as set forth in the applicable Incremental Amendmentmade by such other Lender.

Appears in 1 contract

Samples: Term Loan Agreement (First Reserve Gp Ix Inc)

Request for Loans. To request the Loans to be made on the Effective Date, the Borrower shall notify the Administrative Agent of such request by submitting a Borrowing Request signed by the Borrower by (a) With respect to any Loan in the case of a Eurodollar Tranche, not later than 11:00 a.m. three Business Days before the Effective Date or (other b) in the case of a Base Rate Tranche, not later than an Incremental Loan), 11:00 a.m. one Business Day before the Borrower must give to Effective Date. Each such Borrowing Request shall specify the Administrative Agent a written Loan Notice (or telephonic notice promptly confirmed following information in writing) which Loan Notice mustcompliance with Section 2.2: (i) specify (i) the aggregate amount of any Borrowing of ABR Loans and the requested Loans; (ii) the date on which such ABR Loans are to be advancedmade, which shall be the Closing Date or a Business Day; (iiiii) the aggregate amount of any Borrowing of Eurodollar Loans and the date on which whether such Eurodollar Loans are to consist of Base Rate Tranches or a Eurodollar Tranches, or both; (iv) in the case of a Eurodollar Tranche, the initial Interest Period to be advanced (applicable thereto, which shall be a period contemplated by the Closing Date and which shall be the first day definition of the term “Interest Period which is to apply thereto)Period”; and (iiv) be received by the Administrative Agent not later than 12:00 p.m. (i) one Business Day preceding location and number the Closing Date if such Borrowing is bank account to which funds are 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 confirmationdisbursed. If no election as to the Type of Borrowing Tranche is specified in any such noticespecified, then the requested Borrowing Loans shall be an ABR Borrowingconsist of a single Base Rate Tranche. If no Interest Period is specified with respect to any requested Eurodollar Borrowing is specified in any such noticeTranche, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Upon Promptly following receipt of the Loan Notice requesting Loansa Borrowing Request in accordance with this Section, the Administrative Agent shall give advise 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 details thereof and of 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 be made on the Loan have been neither met nor waived as provided herein, the Administrative Agent shall promptly make such Loans available to the BorrowerEffective Date. (b) The procedures for the funding of Incremental Loans shall be as set forth in the applicable Incremental Amendment.

Appears in 1 contract

Samples: Credit Agreement (Formfactor Inc)

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: (ia) 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 Loans, 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 the length of the applicable Interest Period; and (iib) 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 Closing Date 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.

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (Sunoco LP)

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