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Common use of Requesting a Borrowing Clause in Contracts

Requesting a Borrowing. To request a Borrowing the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a “Borrowing Request”) (a) in the case of a LIBO Rate Borrowing, not later than 11:00 a.m. (Vancouver time) three Business Days before the date of the proposed Borrowing, or (b) in the case of a Base Rate Borrowing, not later than 11:00 a.m. (Vancouver time), one Business Day before the date of the proposed Borrowing; provided that any such notice of a Base Rate Borrowing to finance a Reimbursement Obligation shall not be given later than 1:00 p.m. (Vancouver time) on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Base Rate Borrowing, a LIBO Rate Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate Borrowing, 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.

Appears in 3 contracts

Samples: Credit Agreement (Tahoe Resources Inc.), Credit Agreement (Tahoe Resources Inc.), Credit Agreement (Tahoe Resources Inc.)

Requesting a Borrowing. To request a Borrowing Borrowing, the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a Borrowing Request”) (a) in the case of a LIBO Rate SOFR Borrowing, not later than 11:00 a.m. 2:00 p.m. three (Vancouver time3) three Business Days before the date of the proposed Borrowing, or (b) in the case of a Base Rate Borrowing, not later than 11:00 a.m. 2:00 p.m. two (Vancouver time), one 2) Business Day Days before the date of the proposed Borrowing; provided that any such notice of a Base Rate Borrowing to finance a Reimbursement Obligation the reimbursement of an LC Disbursement shall not be given later than 1:00 p.m. (Vancouver time) on the date of the proposed Borrowing. Letters of Credit shall be requested in accordance with Section 2.18. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds or otherwise extended credit based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested Borrowing, and whether such Borrowing is to be made under the Revolving Credit Commitments or the Additional LC Credit; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Base Rate Borrowing, a LIBO Rate SOFR Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate SOFR Borrowing, 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, which shall comply herewith.

Appears in 1 contract

Samples: Credit Agreement (Eldorado Gold Corp /Fi)

Requesting a Borrowing. To request a Borrowing the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a “Borrowing Request”) (a) in the case of a LIBO Rate Borrowing, not later than 11:00 10:00 a.m. (Vancouver time) three Business Days before the date of the proposed Borrowing, or (b) in the case of a B/A Borrowing, not later than 11:00 a.m. two Business Days before the date of the proposed Borrowing, or (c) in the case of a Canadian Prime Borrowing or Base Rate Borrowing, not later than 11:00 10:00 a.m. (Vancouver time), one Business Day before the date of the proposed Borrowing; provided that any such notice of a Canadian Prime Borrowing or a Base Rate Borrowing to finance a Reimbursement Obligation shall not be given later than 1:00 p.m. 10:00 a.m. (Vancouver time) on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds funds, accepted a B/A or made a B/A Equivalent Loan based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested BorrowingBorrowing and, in the case of the Borrowings on the Closing Date, whether such Borrowing will consist of Revolving Loans or Term Loans; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Canadian Prime Borrowing, a B/A Borrowing, a Base Rate Borrowing, a LIBO Rate Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”, and in the case of a B/A Borrowing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period”; and (v) the location and number of the Borrower’s account to which funds are to be disbursed.

Appears in 1 contract

Samples: Credit Agreement (Pretium Resources Inc.)

Requesting a Borrowing. To request a Borrowing (other than a Swingline Loan), the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a “Borrowing Request”) (a) in the case of a LIBO Rate SOFR Borrowing, not later than 11:00 a.m. three Business Days before the date of the proposed Borrowing, (Vancouver timeb) three in the case of a B/A Borrowing, not later than 11:00 a.m. two Business Days before the date of the proposed Borrowing, or (bc) in the case of a Canadian Prime Borrowing or a Base Rate Borrowing, not later than 11:00 a.m. (Vancouver time), one Business Day before the date of the proposed Borrowing; provided that any such notice of a Base Rate Borrowing to finance a Reimbursement Obligation shall not be given later than 1:00 p.m. (Vancouver time) on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds funds, accepted a B/A or made a B/A Equivalent Loan based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Canadian Prime Borrowing, a B/A Borrowing, a Base Rate Borrowing, a LIBO Rate SOFR Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”, and in the case of a B/A Borrowing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period”; and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply herewith.

Appears in 1 contract

Samples: Credit Agreement (SSR Mining Inc.)

Requesting a Borrowing. To request a Borrowing Borrowing, the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a Borrowing Request”) (a) in the case of a LIBO Rate Borrowing, not later than 11:00 a.m. 2:00 p.m. three (Vancouver time3) three Business Days before the date of the proposed Borrowing, or (b) in the case of a Canadian Prime Borrowing or a Base Rate Borrowing, not later than 11:00 a.m. 2:00 p.m. two (Vancouver time), one 2) Business Day Days before the date of the proposed Borrowing; provided that any such notice of a Canadian Prime Borrowing or a Base Rate Borrowing to finance a Reimbursement Obligation the reimbursement of an LC Disbursement shall not be given later than 1:00 p.m. (Vancouver time) on the date of the proposed Borrowing. Letters of Credit shall be requested in accordance with Section 2.18. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds or otherwise extended credit based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested Borrowing, and whether such Borrowing is to be made under the Revolving Credit Commitments, the Term Credit Commitments or the Additional LC Credit; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Canadian Prime Borrowing, a Base Rate Borrowing, a LIBO Rate Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate Borrowing, 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, which shall comply herewith.

Appears in 1 contract

Samples: Fifth Amendment Agreement (Eldorado Gold Corp /Fi)

Requesting a Borrowing. To request a Borrowing Borrowing, the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a Borrowing Request”) (a) in the case of a LIBO Rate Borrowing, not later than 11:00 a.m. 2:00 p.m. three (Vancouver time3) three Business Days before the date of the proposed Borrowing, or (b) in the case of a Canadian Prime Borrowing or a Base Rate Borrowing, not later than 11:00 a.m. 2:00 p.m. two (Vancouver time), one 2) Business Day Days before the date of the proposed Borrowing; provided that any such notice of a Canadian Prime Borrowing or a Base Rate Borrowing to finance a Reimbursement Obligation the reimbursement of an LC Disbursement shall not be given later than 1:00 p.m. (Vancouver time) on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested Borrowing, and whether such Borrowing is to be made under the Revolving Credit Commitments or the Term Credit Commitments; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Canadian Prime Borrowing, a Base Rate Borrowing, a LIBO Rate Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate Borrowing, 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, which shall comply herewith.

Appears in 1 contract

Samples: Credit Agreement (Eldorado Gold Corp /Fi)

Requesting a Borrowing. To request a Borrowing (other than a Swingline Loan), the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a “Borrowing Request”) (a) in the case of a LIBO Rate Borrowing, not later than 11:00 a.m. three Business Days before the date of the proposed Borrowing, (Vancouver timeb) three in the case of a B/A Borrowing, not later than 11:00 a.m. two Business Days before the date of the proposed Borrowing, or (bc) in the case of a Canadian Prime Borrowing or a Base Rate Borrowing, not later than 11:00 a.m. (Vancouver time), one Business Day before the date of the proposed Borrowing; provided that any such notice of a Base Rate Borrowing to finance a Reimbursement Obligation shall not be given later than 1:00 p.m. (Vancouver time) on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds funds, accepted a B/A or made a B/A Equivalent Loan based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Canadian Prime Borrowing, a B/A Borrowing, a Base Rate Borrowing, a LIBO Rate Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”, and in the case of a B/A Borrowing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period”; and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply herewith.

Appears in 1 contract

Samples: Credit Agreement (SSR Mining Inc.)

Requesting a Borrowing. To request a Borrowing the Borrower shall notify the Administrative Agent of such request in writing substantially in the form of Exhibit A (each, a “Borrowing Request”) (a) in the case of a LIBO Rate Borrowing, not later than 11:00 10:00 a.m. (Vancouver time) three Business Days before the date of the proposed Borrowing, or (b) in the case of a B/A Borrowing, not later than 11:00 a.m. (Vancouver time) two Business Days before the date of the proposed Borrowing, or (c) in the case of a Canadian Prime Borrowing or Base Rate Borrowing, not later than 11:00 10:00 a.m. (Vancouver time), one Business Day before the date of the proposed Borrowing; provided that any such notice of a Canadian Prime Borrowing or a Base Rate Borrowing to finance a Reimbursement Obligation shall not be given later than 1:00 p.m. 10:00 a.m. (Vancouver time) on the date of the proposed Borrowing. Each Borrowing Request shall be irrevocable. The Administrative Agent and each Lender are entitled to rely and act upon any Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such request or resulting transaction once the Administrative Agent or any Lender has advanced funds funds, accepted a B/A or made a B/A Equivalent Loan based on such Borrowing Request. Each Borrowing Request shall specify the following information: (i) the aggregate amount of each requested BorrowingBorrowing and, in the case of the Borrowings on the Closing Date, whether such Borrowing will consist of Revolving Loans or Term Loans; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Canadian Prime Borrowing, a B/A Borrowing, a Base Rate Borrowing, a LIBO Rate Borrowing or a Letter of Credit; (iv) in the case of a LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”, and in the case of a B/A Borrowing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period”; and (v) the location and number of the Borrower’s account to which funds are to be disbursed.

Appears in 1 contract

Samples: Credit Agreement (Pretium Resources Inc.)