Requests for Borrowing. To request the Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the aggregate amount of the Borrowing; (ii) the date of the Borrowing; (iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the Borrowing.
Appears in 4 contracts
Sources: Amendment and Restatement Agreement (Limited Brands Inc), Amendment and Restatement Agreement (Term Loans) (Limited Brands Inc), Amendment and Restatement Agreement (Limited Brands Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loan, (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day; (aB) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Rate Loans (other than Swingline Loans) in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (2) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (3) with respect to BA Loans in an aggregate principal amount of C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4) with respect to LIBOR Rate Loans denominated in Canadian Dollars in an aggregate principal amount of C$3,000,000 or a whole multiple of C$1,000,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans, not later than 11:00 a.m.Canadian Prime Rate Loans, New York City time, three Business Days before the date of the proposed Borrowing Base Rate Loans or BA Loans; and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan or any BA Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 p.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 4 contracts
Sources: Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 4 contracts
Sources: Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.), Credit Agreement (Switch, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, and (ii) at least three Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received 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 with the requirements of Section 2.04. If no election as Administrative Agent not later than 12:00 p.m. four Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 3 contracts
Sources: Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), Credit Agreement (Synaptics Inc)
Requests for Borrowing. To request the Borrowing, the The Administrative Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m.whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 3 contracts
Sources: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base Rate Loans or Swingline Loans and (ii) at least three (3) Business Days before the requested date of any Borrowing of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such request by telephone Borrowing, which shall be a Business Day, (aB) the amount of such Borrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Eurodollar BorrowingBorrowing of LIBOR Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of Borrowing. Notwithstanding the details thereof and of the amount of such Lender’s Loan to foregoing, Swingline Borrowings may be made as part of the Borrowingand repaid pursuant to terms otherwise set forth in any applicable Treasury Management Agreement without giving effect to any minimum amounts, notice, time or funding requirements set forth herein.
Appears in 3 contracts
Sources: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit C (a “Notice of Borrowing”) not later than 10:00 a.m.
(i) on the same Business Day as each Base Rate Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (y) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (D) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in Interest Period applicable thereto. If the case Borrower fails to specify a type of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request Loan in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount Notice of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 3 contracts
Sources: Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)
Requests for Borrowing. To request the Borrowing, the Borrower The Company shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) or telephonic notice (followed by prompt delivery of such request by telephone Notice of Borrowing) not later than 11:00 a.m. Charlotte time in the case of a Base Rate Loan, Swingline Loan or LIBOR Rate Loan denominated in Dollars, 5:00 p.m. London time in the case of a LIBOR Rate Loan denominated in an Alternative Currency or 1:00 p.m. Charlotte time in the case of a Japanese Yen Loan, as applicable (ai) on the same Business Day as each Base Rate Loan and each Swingline Loan, (ii) on or prior to the second Business Day before each Japanese Base Rate Loan, (iii) on or prior to the third (3rd) Business Day before each LIBOR Rate Loan denominated in Dollars and (iv) on or prior to the fourth (4th) Business Day before each LIBOR Rate Loan denominated in an Alternative Currency, of the applicable Borrower’s intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan, a Swingline Loan or a Japanese Yen Loan, (C) the applicable Permitted Currency, (D) if such Loan is denominated in Dollars, whether such Loan shall be a LIBOR Rate Loan or a Base Rate Loan, (E) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment, the Swingline Commitment or the Yen Loan Commitment, as applicable, then available to the applicable Borrower, or if less, (1) with respect to Base Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (3) with respect to LIBOR Rate Loans denominated in a Permitted Currency (other than Dollars) in an aggregate principal Alternative Currency Amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (4) with respect to Japanese Yen Loans in an aggregate principal Japanese Yen Amount of $500,000 or a whole multiple of $100,000 in excess thereof and (5) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing Interest Period applicable thereto and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(iG) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified Borrower with respect to such Loan. A Notice of Borrowing received after the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower time set forth above shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the applicable Lenders of each Lender Notice of Borrowing, including, in the details thereof and instance of a Japanese Yen Loan, instructions for the amount advancement of such Lender’s Loan to be made as part of the Borrowingloans.
Appears in 3 contracts
Sources: Five Year Revolving Credit Agreement (BlackRock Inc.), Revolving Credit Agreement (BlackRock Inc.), Revolving Credit Agreement (BlackRock Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 2:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 2:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding anything to have selected an Interest Period the contrary contained in this Agreement, no Revolving Credit Loans may be made as LIBOR Rate Loans prior to the date that is three (3) Business Days after the Closing Date unless, at least three (3) Business Days prior to the proposed borrowing date of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Sectionany proposed Revolving Credit Loans, the Borrower has delivered to the Administrative Agent shall advise each Lender a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of the details thereof this Agreement and a Notice of the amount of such Lender’s Loan to be made as part of the BorrowingBorrowing with respect thereto.
Appears in 3 contracts
Sources: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each SOFR Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing such Revolving Credit Loan is to be an ABR Borrowing a SOFR Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingSOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Sectionreceived after 12:00 p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Coca-Cola Consolidated, Inc.), Credit Agreement (Coca-Cola Consolidated, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, and (ii) at least three Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received 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 with the requirements of Section 2.04. If no election as Administrative Agent not later than 12:00 p.m. four Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: First Amendment and Lender Joinder Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as EXHIBIT B (a "NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to LIBOR Rate Loans and Base Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Liquidity Loan or Acquisition Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m.Liquidity Loan or Acquisition Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 11:00 a.m. (or deemed requestedCharlotte time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)
Requests for Borrowing. To request With the Borrowingexception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrower Borrowers shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 11:00 a.m. (or deemed requestedEastern time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Chicago time) (i) on the same Business Day of a proposed borrowing comprised of Base Rate Loans and (ii) at least three (3) Business Days prior to the proposed borrowing date in the case of a borrowing comprised of LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, and (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (D) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR BorrowingLIBOR Interest Period applicable thereto; provided, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) that in the case of a Eurodollar Borrowingborrowing comprised of LIBOR Rate Loans on the Closing Date, 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed also deliver to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent with any Notice of Borrowing a LIBOR funding indemnity letter in form and substance reasonably acceptable to the Administrative Agent. A Notice of Borrowing received after 11:00 a.m. (Chicago time) shall advise be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Term Loan Agreement, Credit Agreement (Grainger W W Inc)
Requests for Borrowing. To request The U.S. Borrower, on behalf of the BorrowingApplicable Borrower, the Borrower shall notify give the Administrative Agent of such request by telephone (a) irrevocable prior written notice substantially in the case form of Exhibit B (a Eurodollar “Notice of Borrowing, ”) not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:1:00 p.m.
(i) on the aggregate amount same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Day before each Alternative Currency Revolving Credit Loan, of the Borrowing;its intention to borrow, specifying:
(iiA) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretosuch borrowing, which shall be a period contemplated by Business Day;
(B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan;
(C) if such Loan is an Alternative Currency Revolving Credit Loan, the definition applicable Alternative Currency in which such Loan is to be funded;
(D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) if such Loan is a LIBOR Rate Loan, the duration of the term “Interest Period”Period applicable thereto; and
(vF) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 borrowing, which shall be, (1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 in excess thereof or (3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. If the U.S. Borrower fails to specify a currency in the Notice of Borrowing requesting a Loan, then the Loan to so requested shall be made as part in Dollars. A Notice of Borrowing received after 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give Agent irrevocable prior written notice substantially in the Administrative Agent form of Exhibit F (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing is Loans are to be an ABR Borrowing LIBOR Rate Loans or a Eurodollar Borrowing;
Base Rate Loans, (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period applicable thereto and (F) in the case of a LIBOR Rate Loan, whether such Loan is 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 with the requirements of Section 2.04denominated in Dollars or an Alternative Currency. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt If the Borrower requests a borrowing of a LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify the currency, it will be deemed to have specified Dollars. A Notice of Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the Administrative next Business Day. Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)
Requests for Borrowing. To request the a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar LIBOR Borrowing (other than a Tranche A-3 Borrowing), not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and Borrowing, (b) in the case of an ABR Borrowing (other than a Tranche A-3 Borrowing), not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing or (c) in the case of a Tranche A-3 Borrowing, not later than 11:00 a.m., New York City time, on five Business Days before the date of the proposed Borrowing; provided, that in the case of any Tranche A-3 Loans funded by a CSCC Lender all Borrowings of Tranche A-3 Loans shall be requested as set forth in the CSCC Borrowing Procedures Letter. Such Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the such Borrowing;
(ii) the date of the such Borrowing, which shall be a Business Day;
(iii) whether the such Borrowing is to be a LIBOR Borrowing or an ABR Borrowing and whether such Borrowing shall consist of Tranche A-1 Loans, Tranche A-2 Loans, Tranche A-3 Loans or a Eurodollar BorrowingRevolving Loans;
(iv) in the case of a Eurodollar LIBOR 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) with respect to any Tranche A-3 Borrowing, whether any portion of such Borrowing is to be used by the Borrower for the purposes of funding payment to a Cisco Vendor other than Cisco Systems and the amount of such portion;
(vi) the location and number of the Borrower’s account or accounts to which funds (if any) are to be disbursed, which shall comply with the requirements of Section 2.04;
(vii) a representation by the Borrower that, after giving effect to such Borrowing, the Borrower has complied with the terms of Section 4.02; and
(viii) in the case of a Tranche A-3 Borrowing (x) involving a CSCC Lender and (y) the proceeds of which are used to pay (or to finance the previous payment of) the purchase price of Cisco Products, a representation by the Borrower that it has delivered to all applicable CSCC Lenders copies of the relevant unpaid invoices of such Cisco Products. Each such written Borrowing Request shall also certify that there shall not exist, on the date of the requested Borrowing and after giving effect thereto, a Default. If any portion of the proceeds of a Tranche A-3 Loan Borrowing funded by a CSCC Lender is to be used by the Borrower for the purpose of funding payment to a Cisco Vendor other than Cisco Systems, such portion of such Borrowing shall be requested and available only if CSCC has executed (such execution not to be unreasonably withheld) the Borrowing Request with respect to such Borrowing. The Tranche A-3 Loan to be made by ▇▇▇▇ Telecom shall be funded on the Second Amendment Effective Date in accordance with the provisions of the commitment letter dated April 12, 2001 delivered by ▇▇▇▇ Telecom, without need for submission of a Borrowing Request, as a LIBOR Borrowing for a 6 month Interest Period. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar an ABR Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is any requested (or deemed requested) as a Eurodollar LIBOR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Except as to a Tranche A-3 Borrowing, if no election as to the Class of Borrowing is specified, then the requested Borrowing shall consist of Revolving Loans. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. So long as any CSCC Lender holds any Tranche A-3 Commitment, the proviso in the first sentence and the last sentence in the first paragraph of this Section 2.03 may not be amended, modified or waived without the prior written consent of CSCC.
Appears in 2 contracts
Sources: Credit Agreement (Velocita Corp), Credit Agreement (Velocita Corp)
Requests for Borrowing. To request the Borrowinga borrowing of a Revolving Credit Loan or a Swingline Loan, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.a.m. (or, New York City timein respect of a Swingline Loan, 2:00 p.m.)
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before the date each LIBOR Rate Loan. Each such telephonic Notice of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Notice of Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
specifying (i) the aggregate amount of the Borrowing;
(iiA) the date of such borrowing, which shall be a Business Day, (B) the Borrowing;
principal amount of such borrowing, which shall be, (iiix) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether the Borrowing such Loan is to be an ABR Borrowing a Revolving Credit Loan or a Eurodollar Borrowing;
Swingline Loan, (ivD) in the case of a Eurodollar BorrowingRevolving Credit Loan, whether 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 Loans are to be disbursedLIBOR Rate Loans or Base Rate Loans, which shall comply with and (E) in the requirements case of Section 2.04. If no election as to a LIBOR Rate Loan, the Type duration of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationapplicable thereto. Promptly following receipt of a telephonic or written Notice of Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender promptly notify the Revolving Credit Lenders of the details thereof and of the amount of such Lender’s Loan to be made as part Notice of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (CST Brands, Inc.), Credit Agreement (CST Brands, Inc.)
Requests for Borrowing. To request the Borrowinga Revolving Loan or a Swingline Loan on behalf of a Borrower, the Administrative Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit F hereof (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each Eurodollar Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to Eurodollar Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $25,000 in excess thereof, (C) whether such Loan is to be a Revolving Loan or Swingline Loan, (D) in the case of a Revolving Loan, whether the Loans are to be Eurodollar Rate Loans or Base Rate Loans, and (E) in the case of a Eurodollar BorrowingRate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Interest Period applicable thereto. A Notice of Borrowing and (b) in the case of an ABR Borrowing, not later than received after 11:00 a.m., New York City time, a.m. shall be deemed received on the date of next Business Day. Any Loan or any portion thereof as to which the proposed Borrowing. Such telephonic Borrowing Request Administrative Borrower has not duly specified an interest rate as provided herein shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of deemed a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) Base Rate Loan in the case of a Revolving Loan, and any Eurodollar Borrowing, Rate Loan for which the initial Administrative Borrower fails to specify an 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (Mohawk Industries Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 2:00 p.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 2:00 p.m. (or deemed requestedCharlotte time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Jack in the Box Inc /New/), Credit Agreement (Jack in the Box Inc /New/)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan (or, in the case of any LIBOR Rate Loans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Lenders), of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Realpage Inc), Credit Agreement (Realpage Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit 2.03(a) (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the remaining available amount of the Revolving Credit Commitment), (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if less, the remaining available amount of the Revolving Credit Commitment) and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, if less, the remaining available amount of the Swingline Commitment), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing such Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Salesforce Com Inc), Credit Agreement (Salesforce Com Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower Agent shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (1) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a reimbursement obligation under a Letter of Credit, (2) with respect to LIBOR Rate Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (3) with respect to Swingline Loans, in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing such Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Alon Brands, Inc.), Credit Agreement (Alon USA Energy, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B or such other form as may be reasonably approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a “Notice of Borrowing”), not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (C) whether such Loans are to be Revolving Credit Loans or Swingline Loans, (D) in the case of a Eurodollar BorrowingRevolving Credit Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (bE) in the case of an ABR BorrowingLIBOR Rate Loans, the duration of the Interest Period applicable thereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not later less than 11:00 a.m., New York City time, on three (3) Business Days prior to the date of such Revolving Credit Loans); provided that, notwithstanding the proposed Borrowing. Such foregoing, the Borrower may provide such notice to the Administrative Agent by telephone; provided that any telephonic Borrowing Request shall be irrevocable and shall notice must be confirmed promptly thereafter by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the BorrowerNotice of Borrowing. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (CoreCivic, Inc.), Incremental Term Loan Agreement (Corrections Corp of America)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 2:00 p.m.
(i) on the same Business Day as each Base Rate Loan or Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 2:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Patrick Industries Inc), Credit Agreement (Patrick Industries Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received by the definition of the term “Interest Period”; and
Administrative Agent not later than 11:00 a.m. four (v4) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Copart Inc), Credit Agreement (Copart Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $250,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing such Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan, each LIBOR Market Index Rate Loan and each Swingline Loan (other than Cash Management Swingline Loans) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Cash Management Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans, not later than 11:00 a.m.LIBOR Market Index Rate Loans or Base Rate Loans, New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $250,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing such Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 noon shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit A-5 (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each ABR Loan and each Swingline Loan, (ii) at least three (3) Business Days before each Eurodollar Loan and (iii), subject to Section 1.05, at least four (4) Business Days before each Eurocurrency Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether the Loan shall be denominated in dollars or an Alternative Currency, (C) if such Loan is denominated in dollars, whether such Loan shall be a Eurodollar Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and Eurocurrency Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (E) whether such Loan is to be a Revolving Loan or a Swingline Loan and (F) in the case of a Eurodollar BorrowingLoan or a Eurocurrency Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 p.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative The Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)
Requests for Borrowing. To request The Borrower Agent, on behalf of itself or the BorrowingCayman Borrower, the Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before (E) whether such Loan will be made to the date of Parent Borrower or the proposed Borrowing Cayman Borrower and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivF) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower Agent fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than noon (i) on the same Business Day as each Swingline Loan, (ii) at least one (1) Business Day before each Base Rate Loan (other than a Swingline Loan), and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request borrowing, which shall be a Business Day, (B) the amount of such borrowing, which (x) with respect to Base Rate Loans (other than Swingline Loans), must be in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (provided, that any Base Rate Loan may be in an amount that is equal to the entire unused balance of the total Commitments or that is required to finance the amount of the reimbursement of a drawing under a Letter of Credit as contemplated by telephone Section 3.5), (ay) with respect to LIBOR Rate Loans, must be in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, and (z) with respect to Swingline Loans, may be in any amount, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Supreme Industries Inc), Credit Agreement (Supreme Industries Inc)
Requests for Borrowing. To request the Borrowing, the The applicable Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying: (A) the Borrower of such request by telephone Loan, (aB) the date of such borrowing, which shall be a Business Day, (C) if such Borrower is the U.S. Borrower, whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) if such Loan is denominated in Dollars, whether such Loan shall be a LIBOR Rate Loan or a Base Rate Loan, (E) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing Interest Period applicable thereto and (bF) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 borrowings and (1) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in Dollars, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (3) with respect to LIBOR Rate Loans denominated in an Alternative Currency, in an aggregate principal Alternative Currency Amount of 1,000,000 Euro or a whole multiple of 500,000 Euro in excess thereof and (4) with respect to Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof; provided, however, that (x) Swingline Loans may only be denominated in Dollars and may only be made as part to the U.S. Borrower, (y) the U.S. Borrower may only borrow Loans denominated in Dollars, and (z) the Belgian Borrower may only borrow Revolving Credit Loans in the Alternative Currency. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Requests for Borrowing. To request Parent, on behalf of the BorrowingApplicable Borrower, shall give the Borrower shall notify the Administrative Agent of such request by telephone (a) Lender irrevocable prior written notice substantially in the case form of Exhibit B (a Eurodollar “Notice of Borrowing, ”) not later than 11:00 a.m.1:00 p.m.
(i) on the same Business Day as each Base Rate Loan, New York City time, (ii) at least three (3) Business Days before the date of the proposed Borrowing each LIBOR Rate Loan denominated in Dollars, Euros or Sterling and (biii) at least four (4) Business Days before each Loan denominated in the case any other Foreign Currency, of an ABR Borrowingits intention to borrow, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02specifying:
(i) the aggregate amount of the BorrowingApplicable Borrower requesting such borrowing;
(ii) the date of the Borrowingsuch borrowing, which shall be a Business Day;
(iii) whether if such Loan is a Foreign Currency Loan, the Borrowing applicable Foreign Currency in which such Loan is to be an ABR Borrowing or a Eurodollar Borrowingfunded;
(iv) if such Loan is a Loan denominated in Dollars, whether such Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(v) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and
(vi) the amount of such borrowing, which shall be, (A) with respect to Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof or (B) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $500,000 in excess thereof (or, in the case of borrowings denominated in a Eurodollar BorrowingForeign Currency, in such increments as the initial Interest Period Lender may from time 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 with the requirements of Section 2.04time determine). If no election as Parent fails to specify a currency in the Type Notice of Borrowing is specifiedrequesting a Loan, then the Borrowing Loan so requested shall be a Eurodollar Borrowingmade in Dollars. If no Interest Period is specified A Notice of Borrowing received after 1:00 p.m. shall be deemed received on the next Business Day. Notwithstanding any provision herein to the contrary, Parent and the Lender may agree that the Revolving Credit Facility may or may not be used to automatically draw and repay Daily One Month LIBOR Loans (subject to the limitations set forth herein) pursuant to cash management arrangements between Parent and the Lender (the “Sweep Arrangement”). Principal and interest on Daily One Month LIBOR Loans deemed requested pursuant to the Sweep Arrangement shall be paid pursuant to the terms and conditions set forth herein. The borrowing and disbursement provisions set forth in this Section 2.3 and any other provision hereof with respect to the Borrowing, if it is requested (timing or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 payments on the Daily One Month LIBOR Loans (other than Section 2.4(a)) shall not be applicable to be made as part of the BorrowingDaily One Month LIBOR Loans.
Appears in 2 contracts
Sources: Credit Agreement (Twin Disc Inc), Credit Agreement (Twin Disc Inc)
Requests for Borrowing. To request With the Borrowingexception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrower Borrowers shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans (other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 11:00 a.m. (or deemed requestedEastern time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 2 contracts
Sources: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B-1 (a "Notice of Revolving Loan Borrowing") not later than Noon (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $4,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $50,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto, which shall be a period contemplated by the definition . A Notice of the term “Interest Period”; and
Revolving Loan Borrowing received after Noon (vCharlotte time) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Veridian Corp)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Medimmune Inc /De)
Requests for Borrowing. To request the Borrowingborrowing of Loans on the Closing Date, the Borrower shall notify deliver a written Borrowing Request signed by the Borrower to the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three two (2) Business Days before the date of the proposed Borrowing and (b) borrowing in the case of an ABR Borrowing, a LIBOR Borrowing and not later than 11:00 8:00 a.m., New York City time, on the date Closing Date in the case of the proposed an ABR Borrowing. Such telephonic Borrowing Request shall be irrevocable revocable subject to compensation of each Lender for its loss, cost and shall be confirmed promptly by hand delivery or telecopy expense attributable to the Administrative Agent of a written such Borrowing Request in a form approved by the Administrative Agent and signed by the Borroweraccordance with Section 2.14. Such telephonic and written Each such Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the requested Borrowing;
(ii) the date of the such Borrowing, which shall be a Business Day;
(iii) whether the such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Borrowing;
(iv) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable theretotherefor, which shall be a period contemplated by the definition of the term “Interest Period”” and permitted under Section 2.02(c); and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar an ABR Borrowing. If no Interest Period is specified with respect to the any requested LIBOR Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall will be deemed to have selected an Interest Period of one month’s duration. 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 as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the Borrower The Company shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) or telephonic notice (followed by prompt delivery of such request by telephone Notice of Borrowing) not later than 11:00 a.m. Charlotte time in the case of a Base Rate Loan, Swingline Loan or LIBOR Rate Loan denominated in Dollars, 5:00 p.m. London time in the case of a LIBOR Rate Loan denominated in an Alternative Currency or 1:00 p.m. Charlotte time in the case of a Japanese Yen Loan, as applicable (ai) on the same Business Day as each Base Rate Loan and each Swingline Loan, (ii) on or prior to the second Business Day before each Japanese Base Rate Loan, (iii) on or prior to the third (3rd) Business Day before each LIBOR Rate Loan denominated in Dollars and (iv) on or prior to the fourth (4th) Business Day before each LIBOR Rate Loan denominated in an Alternative Currency, of the applicable Borrower’s intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) whether such Loan is to be a Revolving Credit Loan, a USD Revolving Credit Loan, a Swingline Loan or a Japanese Yen Loan, (C) the applicable Permitted Currency, (D) if such Loan is denominated in Dollars, whether such Loan shall be a LIBOR Rate Loan or a Base Rate Loan, (E) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Commitment, the Swingline Commitment or the Yen LoanAggregate USD Revolving Commitment, the applicable Swingline Commitment of the applicable Swingline Lender or the Japanese Yen Commitment, as applicable, then available to the applicable Borrower, or if less, (1) with respect to Base Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (3) with respect to LIBOR Rate Loans denominated in a Permitted Currency (other than Dollars) in an aggregate principal Alternative Currency Amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (4) with respect to Japanese Yen Loans in an aggregate principal Japanese Yen Amount of $500,000 or a whole multiple of $100,000 in excess thereof and (5) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing Interest Period applicable thereto and (bG) the applicable Borrower with respect to such Loan (which, in the case of an ABR Borrowingany USD Revolving Credit Loan, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the BorrowerCompany). Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then received after the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower time set forth above shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the applicable Lenders of each Lender Notice of Borrowing, including, in the details thereof and instance of a Japanese Yen Loan, instructions for the amount advancement of such Lender’s Loan to be made as part of the Borrowingloans.
Appears in 1 contract
Sources: Five Year Revolving Credit Agreement (BlackRock Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 10:00 a.m.
(i) on the same Business Day as each Base Rate Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (y) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether the Revolving Credit Loans are to be LIBOR Rate Loans or Base Rate Loans, and (D) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in Interest Period applicable thereto. If the case Borrower fails to specify a type of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request Loan in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount Notice of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 10:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each Eurodollar Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to Eurodollar Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, in the case of a Revolving Credit Loan whether the Loans are to be Eurodollar Rate Loans or Base Rate Loans, and (D) in the case of a Eurodollar BorrowingRate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m., New York City time, three a.m. four (4) Business Days before prior to the requested date of the proposed Borrowing and (b) in the case of an ABR Borrowingsuch borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of a written Borrowing Request in a form approved by the Administrative Agent such request and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) determine whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of Eurodollar Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of Borrowing. Notwithstanding the details thereof and foregoing, no such Notice of Borrowing shall be required in connection with a borrowing of a Swingline Loan when the amount of such Lender’s Loan to be made as part of the BorrowingAutoborrow Agreement is in effect.
Appears in 1 contract
Sources: Credit Agreement (Copart Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of such request Exhibit B (a “Notice of Borrowing”), which may be given by telephone (a) in the case of a Eurodollar Borrowingand promptly confirmed by fax or email, not later than 11:00 a.m.1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, New York City time, (ii) at least three Business Days before the date of the proposed Borrowing each LIBOR Rate Loan denominated in Dollars and (biii) in the case at least four Business Day before each Alternative Currency Revolving Credit Loan, of an ABR Borrowingits intention to borrow, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02specifying:
(i) the aggregate amount of the Borrowing;
(iiA) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretosuch borrowing, which shall be a period contemplated by Business Day;
(B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan;
(C) if such Loan is an Alternative Currency Revolving Credit Loan, the definition applicable Alternative Currency in which such Loan is to be funded;
(D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) if such Loan is a LIBOR Rate Loan, the duration of the term “Interest Period”Period applicable thereto; and
(vF) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 borrowing, which shall be, (1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 in excess thereof or (3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. If the Borrower fails to specify a currency in the Notice of Borrowing requesting a Loan, then the Loan to so requested shall be made as part in Dollars. A Notice of Borrowing received after 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Owens Corning)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent of such request by telephone (a) irrevocable prior written notice substantially in the case form of Exhibit B (a Eurodollar “Notice of Borrowing, ”) not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) on the aggregate amount of the Borrowing;
same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying: (A) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretosuch borrowing, which shall be a period contemplated by Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the definition applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the term “Interest Period”Period applicable thereto; and
and (vF) the location and number amount of the Borrower’s account to which funds are to be disbursedsuch borrowing, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specifiedbe, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified (1) with respect to the BorrowingBase Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if it such borrowing is requested denominated in an Alternative Currency, 5,000,000 units of such currency and whole multiples of 1,000,000 units in excess thereof), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, or deemed requesteda whole multiple of $1,000,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, 5,000,000 units of such currency and whole multiples of 1,000,000 units in excess thereof) as or (3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a Eurodollar whole multiple of $100,000 in excess thereof. If the Borrower fails to specify a currency in a Notice of Borrowing, then the Borrower Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Global Power Equipment Group Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a "Notice of Borrowing") not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent of such request by telephone (a) irrevocable prior written notice substantially in the case form of Exhibit B (a Eurodollar “Notice of Borrowing, ”) not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) on the aggregate amount of the Borrowing;
same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying: (A) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretosuch borrowing, which shall be a period contemplated by Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the definition applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the term “Interest Period”Period applicable thereto; and
and (vF) the location and number amount of the Borrower’s account to which funds are to be disbursedsuch borrowing, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specifiedbe, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified (1) with respect to the BorrowingBase Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof (or, if it such borrowing is requested denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $500,000 or a whole multiple of $50,000 in excess thereof), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000, or deemed requesteda whole multiple of $100,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $1,000,000 or a whole multiple of $100,000 in excess thereof) as or (3) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a Eurodollar whole multiple of $50,000 in excess thereof. If the Borrower fails to specify a currency in a Notice of Borrowing, then the Borrower Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative The Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (KMG Chemicals Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of no less than $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of no less than $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing is Loans are to be an ABR Borrowing LIBOR Rate Loans or a Eurodollar Borrowing;
Base Rate Loans, (ivE) in the case of a Eurodollar BorrowingSwingline Loan, whether 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 Loans are to be disbursedBase Rate Loans or LIBOR Market Index Rate Loans and (F) in the case of a LIBOR Rate Loan, which shall comply with the requirements duration of Section 2.04the Interest Period applicable thereto. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent a Notice of Borrowing for the Initial Term Loans or any Series of Incremental Term Loans not later than 1:00 p.m. (New York time) (i) on the same Business Day as each Base Rate Loan and (ii) at least three Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day (aand, in the case of the Initial Term Loans, the Closing Date), (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans in an aggregate minimum principal amount of One Million Dollars ($1,000,000) and (y) with respect to LIBOR Rate Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) (C) whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (D) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing Interest Period applicable thereto, and (bE) in the case of an ABR Borrowingthe Initial Term Loans, not later than 11:00 a.m., whether it has elected to borrow such Term Loans prior to the Acquisition Date (a “Pre-Acquisition Funding Election”). A Notice of Borrowing received after 1:00 p.m. (New York City time, ) shall be deemed received on the date next Business Day. The Administrative Agent shall promptly notify the Lenders of the proposed each Notice of Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy Notwithstanding anything to the Administrative Agent of contrary, however, if the Borrower fails to deliver a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type Notice of Borrowing is specifiedfor the Initial Term Loans on the day required pursuant to this Section 4.2(a), then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected have: (1) requested Initial Term Loans in an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Sectionaggregate principal amount equal to the aggregate Initial Term Loan Commitment, (2) elected that the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan Initial Term Loans are to be Base Rate Loans and (3) made as part of the BorrowingPre-Acquisition Funding Election.
Appears in 1 contract
Sources: Credit Agreement (Geo Group Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon (Charlotte time)
(i) on the same Business Day as each Base Rate Loan and Swingline Loan and (ii) at least three Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be with respect to LIBOR Rate Loans in an aggregate principal amount of $10,000,000 or a whole multiple of $5,000,000 in excess thereof and with respect to Base Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and with respect to Swingline Loans in an aggregate principal amount of $1,000,000 or whole multiples of $1,000,000 in excess thereof, (C) whether the Loans are to be Revolving Credit Loans or Swingline Loans, (D) in the case of Revolving Credit Loans, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial LIBOR Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
. Any notices received after 11:00 a.m. (vCharlotte time) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (for Base Rate Loans or deemed requested) as a Eurodollar Borrowing, then the Borrower LIBOR Rate Loans shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan Borrowing with Respect to be made as part of the Borrowinga Revolving Credit Loan.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit C (a "Notice of Borrowing"), not later than 11:00 a.m. (Charlotte time)
(i) at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as Base Rate Loans, (ii) at least two (2) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as CD Rate Loans, and (iii) at least three (3) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate Loans, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Fixed Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (C) whether the Revolving Credit Loans are initially to be Base Rate Loans, CD Rate Loans or LIBOR Rate Loans, and (D) in the case of a Eurodollar BorrowingCD Rate Loans or LIBOR Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
. Notices received after 11:00 a.m. (vCharlotte time) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period received on the next Business Day. The Agent shall promptly notify the Lenders of one month’s duration. Promptly following its receipt of a Borrowing Request in accordance with this Section, each Notice of Borrowing. The Borrower acknowledges and agrees that no Revolving Credit Loans shall be permitted to bear interest based on the Administrative Agent shall advise each Lender of CD Rate or the details thereof and of LIBOR Rate until three (3) Business Days after the amount of such Lender’s Loan to be made as part of the BorrowingClosing Date.
Appears in 1 contract
Sources: Credit Agreement (Markel Corp)
Requests for Borrowing. To request the Borrowing, the Borrower The Borrowers shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.(Philadelphia time) (i) on the same Business Day as each Base Rate Loan or Daily One Month LIBOR Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least three (3) London Business Days before each Alternate Currency Loan, of its intention to borrow, specifying: (A) the date of such request by telephone borrowing, which shall be a Business Day (aand a London Business Day with respect to an Alternate Currency Loan); (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or, if less, (w) with respect to Base Rate Loans, in an aggregate principal amount of $250,000 and increments of $250,000 in excess thereof, (x) with respect to Daily One Month LIBOR Loans, in an aggregate principal amount of $500,000 and increments of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 and increments of $500,000 in excess thereof and (z) with respect to Eurocurrency Loans, the Dollar Equivalent of $100,000 and increments of $100,000 in excess thereof; (C) whether such Loans are to be Base Rate Loans, Daily One Month LIBOR Loans, LIBOR Rate Loans or Eurocurrency Loans, if a combination thereof, the amount allocated to each; and (D) in the case of a Eurodollar BorrowingLIBOR Rate Loan or a Eurocurrency Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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. Notices received after 11:00 a.m.(Philadelphia time) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable
(a) prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan (or, in the case of any LIBOR Rate Loans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Lenders), of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Disbursement of Revolving Credit and Swingline Loans. Not later than 2:00 p.m. on the(b) proposed borrowing date, (i) each Revolving Credit Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Revolving Credit Lender’s durationRevolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such borrowing date and (ii) the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the Swingline Loans to be made on such borrowing date. Promptly following receipt The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent notice substantially in the form attached as Exhibit C (a Borrowing Request in accordance with this Section“Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 5.7 hereof, the Administrative Agent shall advise each Lender not be obligated to disburse the portion of the details thereof and proceeds of any Revolving Credit Loan requested pursuant to this Section to the amount extent that any Revolving Credit Lender has not made available to the Administrative Agent its Revolving Credit Commitment Percentage of such Lender’s Loan Loan. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be made by the Revolving Credit Lenders as part of the Borrowingprovided in Section 2.2(b).
Appears in 1 contract
Sources: Credit Agreement (Realpage Inc)
Requests for Borrowing. To request The U.S. Borrower, on behalf of the BorrowingApplicable Borrower, the Borrower shall notify give the Administrative Agent of such request by telephone (a) irrevocable prior written notice substantially in the case form of Exhibit B (a Eurodollar “Notice of Borrowing, ”) not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:1:00 p.m.
(i) on the aggregate amount same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Day before each Alternative Currency Revolving Credit Loan, of the Borrowing;its intention to borrow, specifying:
(iiA) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretosuch borrowing, which shall be a period contemplated by Business Day;
(B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan;
(C) if such Loan is an Alternative Currency Revolving Credit Loan, the definition applicable Alternative Currency in which such Loan is to be funded;
(D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) if such Loan is a LIBOR Rate Loan, the duration of the term “Interest Period”Period applicable thereto; and
(vF) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 borrowing, which shall be, (1) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000 or C$5,000,000 or a whole multiple of $1,000,000, €1,000,000 or C$1,000,000 in excess thereof or (3) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. If the U.S. Borrower fails to specify a currency in the Notice of Borrowing requesting a Loan, then the Loan to so requested shall be made as part in Dollars. A Notice of Borrowing received after 1:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Owens Corning)
Requests for Borrowing. To request the Borrowing, the The Parent Borrower shall notify give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form of Exhibit B (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such request Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by telephone the Administrative Agent not later than 11:00 a.m.
(ai) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requestedSwingline Loan Notice, as applicable) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the BorrowingBorrowing (by telephone or in writing).
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before Revolving Credit Loan whether the date of the proposed Borrowing Loans are to be LIBOR Rate Loans or Base Rate Loans and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Ubiquiti Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B-1 (a "Notice of Revolving Credit Borrowing")
(i) not later than 12:00 noon (Charlotte time) on the Business Day on which each Swingline Loan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (1) Business Day before each Revolving Credit Loan which is initially to be a Base Rate Loan is to be made and (iii) not later than 11:00 a.m. (Charlotte time) at least three (3) Business Days before each Revolving Credit Loan which is initially to be a LIBOR Rate Loan is to be made, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principle amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m.whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the duration of the initial Interest Period to be applicable thereto, which shall be a period contemplated by . Notices received after 12:00 noon (Charlotte time) in the definition case of Swingline Loans or 11:00 a.m. (Charlotte time) in the term “Interest Period”; and
(v) the location case of Base Rate Loans and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower LIBOR Rate Loans shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of Revolving Credit Borrowing received by the details thereof and of the amount of such Lender’s Loan to be made as part of the BorrowingAdministrative Agent.
Appears in 1 contract
Requests for Borrowing. To request With the Borrowingexception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type Any Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 11:00 a.m. (or deemed requestedCharlotte time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing."; and
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the Borrower The Company shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each SOFR Loan (or at least one (1) U.S. Government Securities Business Day in the case of the initial borrowing on the Closing Date) of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing such Revolving Credit Loan is to be an ABR Borrowing a SOFR Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingSOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Company fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the Borrower applicable Loans shall be deemed to have selected made as SOFR Loans with an Interest Period of one month’s duration. Promptly following receipt If the Company requests a borrowing of a SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing Request in accordance with this Sectionreceived after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Tecnoglass Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as EXHIBIT B (a "NOTICE OF BORROWING") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to LIBOR Rate Loans and Base Rate Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Acquisition Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan or Acquisition Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 11:00 a.m. (or deemed requestedCharlotte time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Parent Borrower shall notify give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form of Exhibit A-5 (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such request Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by telephone the Administrative Agent not later than 11:00 a.m.
(ai) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least two (2) Business Days before each Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to Term SOFR Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be Term SOFR Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingTerm SOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requestedSwingline Loan Notice, as applicable) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the BorrowingBorrowing (by telephone or in writing).
Appears in 1 contract
Requests for Borrowing. To request The US Borrower, on behalf of itself or the BorrowingUK Borrower, the Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than (i) 11:00 a.m. on the same Business Day as each Base Rate Loan and each Swingline Loan, (ii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars, and (iii) 11:00 a.m. at least four (4) Business Days before each LIBOR Rate Loan denominated in the Alternative Currency, of its intention to borrow, specifying:
(A) if the applicable Borrower is the US Borrower or the UK Borrower;
(B) the date of such request by telephone borrowing, which shall be a Business Day;
(aC) whether such Loan is to be a Revolving Credit Loan, an Alternative Currency Loan or a Swingline Loan;
(D) if such Loan is a Revolving Credit Loan, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment, the Alternative Currency Commitment or the Swingline Commitment, as applicable, then available to the applicable Borrower, or if less, (1) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in Dollars, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (or, with respect to Alternative Currency Loans, in an aggregate principal amount of (pound)2,000,000 or a whole multiple of (pound)1,000,000 in excess thereof), and (3) with respect to Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and
(F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then received after the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower times set forth above shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request The Borrowers shall give the ---------------------- Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. --------- (Philadelphia time) (i) on the same Business Day as each Base Rate Loan or LIBO Market Index Rate Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan, and (iii) at least three(3) London Business Days before each Alternate Currency Loan, of its intention to borrow, specifying: (A) the date of such borrowing, which shall be a Business Day (and a London Business Day with respect to an Alternate Currency Loan); (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrowers, or, if less, (w) with respect to Base Rate Loans, in an aggregate principal amount of $250,000 or a whole multiple of $250,000 in excess thereof, (x) with respect to LIBO Market Index Rate Loans, in an aggregate principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (z) with respect to Eurodollar Loans, the Borrower shall notify Dollar Equivalent of $100,000 or a whole multiple of $100,000 in excess thereof; (C) whether such Loans are to be Base Rate Loans, LIBO Market Index Rate Loans, LIBOR Rate Loans or Eurodollar Loans or, if a combination thereof, the Administrative Agent of such request by telephone amount allocated to each; and (aD) in the case of a LIBOR Rate Loan or Eurodollar BorrowingLoan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
. Notices received after 11:00 a.m. (vPhiladelphia time) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request The Borrowers shall give the Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) irrevocable prior written notice substantially in the case form of Exhibit B (a Eurodollar “Notice of Borrowing, ”) not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) on the aggregate amount of the Borrowing;
same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying: (A) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretosuch borrowing, which shall be a period contemplated by Business Day, (B) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; (C) if such Loan is an Alternative Currency Revolving Credit Loan, the definition applicable Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the term “Interest Period”Period applicable thereto; and
and (vF) the location and number amount of the Borrower’s account to which funds are to be disbursedsuch borrowing, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specifiedbe, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified (1) with respect to the BorrowingBase Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof (or, if it such borrowing is requested denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $500,000 or a whole multiple of $50,000 in excess thereof), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000, or deemed requesteda whole multiple of $100,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $1,000,000 or a whole multiple of $100,000 in excess thereof) as or (3) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a Eurodollar whole multiple of $50,000 in excess thereof. If the Borrowers fail to specify a currency in a Notice of Borrowing, then the Borrower Loan so requested shall be made in Dollars. A Notice of Borrowing received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative The Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (KMG Chemicals Inc)
Requests for Borrowing. To request the Borrowing, the The applicable Borrower or Borrowers shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") (i) not later than 11:00 a.m. (Charlotte time) (A) on or prior to the same Business Day for each Swingline Loan, (B) at least one Business Day before each Base Rate Loan denominated in Dollars, (C) at least three (3) Business Days before each Base Rate Loan denominated in an Alternative Currency and (D) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (ii) not later than 9:00 a.m. (Charlotte time) at least three (3) Business Days before each LIBOR Rate Loan to be denominated in an Alternative Currency of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (C) if such Loan is to be a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or an Alternative Currency, (D) the amount of such borrowing, which shall be with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (and with respect to LIBOR Rate Loans denominated in an Alternative Currency, the Dollar Amount in each case thereof), with respect to Base Rate Loans in an aggregate principal amount of $1,500,000 or a whole multiple of $500,000 in excess thereof, and with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple thereof, (E) if denominated in Dollars, whether the Revolving Credit Loans are to be LIBOR Rate Loans or Base Rate Loans and (F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and Interest Period applicable thereto. Notices received after 11:00 a.m. (bCharlotte time) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, shall be deemed received on the date of the proposed Borrowingnext Business Day. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the The Administrative Agent of a written Borrowing Request shall promptly notify (and in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(iany event provide same day notice to) the aggregate amount Lenders of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type each Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the BorrowingRevolving Credit Loan.
Appears in 1 contract
Sources: Credit Agreement (Acc Corp)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received by the definition of the term “Interest Period”; and
Administrative Agent not later than 1:00 p.m. four (v4) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 1:00 p.m. shall be d eemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Fidelity National Financial, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than (i) 11:00 a.m. on the same Business Day as each Base Rate Loan, (ii) 11:00 a.m. on the same Business Day as each Swingline Loan and (iii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Each such Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the requested Borrowing;
(ii) the date of the such Borrowing, which shall be a Business Day;
(iii) the Class of such Borrowing and whether the such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar an ABR Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is any requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowing. To request Unless otherwise consented to by the BorrowingAdministrative Agent, the Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base Rate Loans or Swingline Loans, (ii) at least five (5) U.S. Government Securities Business Days before each Borrowing of Daily Simple SOFR Loans and (iii) at least three (3) U.S. Government Securities Business Days before the requested date of any Borrowing of Term SOFR Loans (or at least one (1) U.S. Government Securities Business Day before a Borrowing of Term SOFR Loans on the Closing Date), of its intention to borrow, specifying (A) the date of such request by telephone Borrowing, which shall be a Business Day, (aB) the amount of such Borrowing, which shall be, (x) with respect to a 202564162_8 Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Eurodollar Borrowing of Term SOFR Loans, the duration of the Interest Period applicable thereto; provided, that any such notice may be, if expressly so stated to be, contingent upon the consummation of an identifiable event or condition and may be revoked by the Borrower in the event such contingency is not met (provided that the failure of such contingency shall not relieve the Borrower from its obligations in respect thereof under Section 4.9). If the Borrower requests a Borrowing of a Term SOFR Loan in any such Notice of Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of but fails to specify an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request received after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing. Notwithstanding the foregoing, Swingline Borrowings may be made and repaid pursuant to terms otherwise set forth in accordance with this Section, any applicable Treasury Management Agreement or in such other manner reasonably satisfactory to the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan without giving effect to be made as part of the Borrowingany minimum amounts, notice, time or funding requirements set forth herein.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give Agent irrevocable prior written notice substantially in the Administrative Agent form of such request by telephone Exhibit F (aa “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii)(A) in the case of a Eurodollar BorrowingTerm SOFR Loan, not later than 11:00 a.m., New York City time, at least three (3) RFR Business Days before the date of the proposed Borrowing and such Term SOFR Loan, (bB) in the case of an ABR BorrowingRFR Loan denominated in any Alternative Currency, not later than 11:00 a.m.at least three (3) RFR Business Days before such RFR Loan, New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivC) in the case of a Eurodollar BorrowingEurocurrency Rate Loan denominated in any Alternative Currency, at least four (4) Eurocurrency Banking Days before such Eurocurrency Rate Loan of its intention to borrow, in each case, specifying (A) the initial Interest Period to be applicable theretodate of such borrowing, which shall be a period contemplated by the definition of the term “Interest Period”; and
Business Day, (vB) the location and number currency of such borrowing, (C) the Borrower’s account to which funds are to be disbursedamount of such borrowing, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specifiedbe, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to Eurocurrency Rate Loans and RFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the Borrowingremaining amount of the Revolving Credit Commitment or the Swingline Commitment, if it as applicable), (D) whether such Loan is requested to be a Revolving Credit Loan or Swingline Loan, (E) in the case of a Revolving Credit Loan whether such Revolving Credit Loan is to be a Eurocurrency Rate Loan, a Daily Simple RFR Loan, a Term SOFR Loan or deemed requesteda Base Rate Loan, and (F) as in the case of a Eurodollar Eurocurrency Rate Loan or a Term SOFR Loan, the duration of the Interest Period applicable thereto. If the Borrower fails to specify the currency of a Loan in a Notice of Borrowing, then the applicable Loans shall be made in Dollars. If the Borrower fails to specify a type of Loan denominated in Dollars in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Eurocurrency Rate Loan or a Term SOFR Loan in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Sectionreceived after 11:00 a.m. shall be deemed received on the next Business Day, the Administrative RFR Business Day or Eurocurrency Banking Day, as applicable. The Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request With the Borrowingexception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type Any Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested received after 11:00 a.m. (or deemed requestedCharlotte time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, and (ii) at least three RFR Business Days before each Term SOFR Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to Term SOFR Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be Term SOFR Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingTerm SOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of Term SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Sectionreceived after 12:00 p.m. shall be deemed received on the next Business Day or RFR Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (SYNAPTICS Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of EXHIBIT B (a "Notice of Borrowing") not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (C) whether such Loans are to be Revolving Credit Loans or Swingline Loans, (D) in the case of a Eurodollar BorrowingRevolving Credit Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (bE) in the case of an ABR BorrowingLIBOR Rate Loans, not later than 11:00 a.m., New York City time, on the date duration of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request The Borrower Agent, on behalf of itself or the BorrowingCayman Borrower, the Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving 54537432_8 Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before (E) whether such Loan will be made to the date of Parent Borrower or the proposed Borrowing Cayman Borrower and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivF) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower Agent fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than (i) 3:00 p.m. on the same Business Day as each Swingline Loan, (ii) 11:00 a.m. on the same Business Day as each Base Rate Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Revolving Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specifiedreceived after 11:00 a.m. (or, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with in respect to the Borrowingof any Swingline Loan, if it is requested (or deemed requested3:00 p.m.) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Lenders of each Lender Notice of Borrowing. Notwithstanding the details thereof and of foregoing, all Revolving Loans made on the amount of such Lender’s Loan to Closing Date shall be made as part of the BorrowingBase Rate Loans.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B-1 (a “Notice of Revolving Credit/Swingline Borrowing”) not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be in an amount equal to the amount of the Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing such Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto, which ; provided that Swingline Loans made pursuant to the SweepPlus Program 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 with the requirements of Section 2.04. If no election as made pursuant to the Type of Borrowing is specified, then the Borrowing terms and conditions thereof and shall be in a Eurodollar Borrowingminimum amount of $1,000 or any increment thereof. If no Interest Period is specified with respect to the Borrowing, if it is requested Notices received after 11:00 a.m. (or deemed requestedCharlotte time) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Revolving Credit/Swingline Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Administrative Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each SOFR Rate Loan (provided that the Administrative Borrower may request, no later than two (2) Business Days prior to the Closing Date, that the Lenders make Revolving Credit Loans that are SOFR Rate Loans on the Closing Date if the Administrative Borrower, on behalf of the Borrowers, has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (1) other than with respect to Swingline Loans, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (2) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be SOFR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingSOFR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Administrative Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Administrative Borrower shall requests a Borrowing of SOFR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of Borrowing. All requests for Loans may be delivered through Agent’s electronic platform or portal. All such Loan requests which are not made on-line via Agent’s electronic platform or portal shall be subject to (and unless Agent elects otherwise in the details thereof and exercise of the amount of its sole discretion, such Lender’s Loan to Loans shall not be made as part until the completion of) Agent’s authentication process (with results reasonably satisfactory to Agent) prior to the funding of the Borrowingany such Loan.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the duration of the Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m., New York City time, three a.m. four (4) Business Days before prior to the requested date of the proposed Borrowing and (b) in the case of an ABR Borrowingsuch borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of a written Borrowing Request in a form approved by the Administrative Agent such request and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) determine whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of Borrowing. Notwithstanding the details thereof and foregoing, no such Notice of Borrowing shall be required in connection with a Borrowing of a Swingline Loan when the amount of such Lender’s Loan to be made as part of the BorrowingAutoborrow Agreement is in effect.
Appears in 1 contract
Sources: Credit Agreement (Copart Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR RateSOFR Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR RateSOFR Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before Revolving Credit Loan whether the date of the proposed Borrowing Loans are to be LIBOR RateSOFR Loans or Base Rate Loans and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR RateSOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowingborrowing of LIBOR RateSOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Sectionreceived after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.. 43 142128979_6 170630523_7
Appears in 1 contract
Sources: Credit Agreement (Ubiquiti Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (y) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing such Revolving Credit Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received by the definition of the term “Interest Period”; and
Administrative Agent not later than 12:00 p.m. four (v4) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the Borrower The Parent shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00
a. m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan of its intention to borrow, specifying (A) the Borrower or Borrowers to whom the proceeds of such request by telephone Borrowing shall be delivered; provided that, if the Parent fails to so specify, the proceeds of such Borrowing shall be delivered to the Parent, (aB) the date of such borrowing, which shall be a Business Day, (C) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (E) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivF) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrowers wish to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received by the definition of the term “Interest Period”; and
Administrative Agent not later than 11:00 a.m. four (v4) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrowers fail to specify a Eurodollar type of Loan in a Notice of Borrowing, then the Borrower applicable Loans shall be made as Base Rate Loans. If the Borrowers request a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice of a borrowing of Loans substantially in the form of a Loan Notice not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan, (ii) at least three (3) U.S. Government Securities Business Days before each Daily Simple SOFR Loan and (iii) at least three (3) U.S. Government Securities Business Days before each Term SOFR Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Loan whether the Borrowing such Revolving Loan is to be an ABR Borrowing a Daily Simple SOFR Loan, a Term SOFR Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingTerm SOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the specify a Type of Borrowing is specifiedLoan in a Loan Notice, then the Borrowing applicable Loans shall be a Eurodollar Borrowingmade as Base Rate Loans. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall requests a borrowing of a Term SOFR Loan in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionA Loan Notice received after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Lenders of each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the BorrowingNotice.
Appears in 1 contract
Sources: Credit Agreement (United States Lime & Minerals Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether the Loan shall be denominated in Dollars or an Alternative Currency, (C) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (D) the amount of such borrowing, which shall not exceed an amount equal to the amount of the Aggregate Commitment or Alternative Currency Commitment, as applicable, then available to the Borrower, and shall be, (x) with respect to Base Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans denominated in Dollars, in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to LIBOR Rate Loans denominated in an Alternative Currency, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, and (E) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and Interest Period applicable thereto. Notices received after 12:00 Noon (bCharlotte time) in (or 11:00 a.m. (the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date time of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(iAgent's Correspondent) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requestedAlternative Currency Loans) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Insignia Financial Group Inc /De/)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m. (3:00 p.m. in the case of a Swingline Loan) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) Revolving Credit Loan whether the Borrowing is Loans are to be an ABR Borrowing LIBOR Rate Loans or a Eurodollar Borrowing;
Base Rate Loans, (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto, which shall be (F) in the case of a period contemplated by Swingline Loan, the definition of Swingline Maturity Date and (G) during the term “Interest Availability Period”; and
, the Availability then in effect (v) without giving effect to the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04proposed borrowing). If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m. (i) on the requested date of any Borrowing of Base Rate Loans or Swingline Loans and, (ii) at least five (5) U.S. Government Securities Business Days before each Borrowing of Daily Simple SOFR Loans and (iii) at least three (3) U.S. Government Securities Business Days before the requested date of any Borrowing of LIBOR RateTerm SOFR Loans, of its intention to borrow, specifying (A) the date of such request by telephone Borrowing, which shall be a Business Day, (aB) the amount of such Borrowing, which shall be, (x) with respect to a Borrowing of Base Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to a Borrowing of LIBOR RateSOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof and (z) with respect to a Borrowing of Swingline Loans in an aggregate principal amount of $25,000 or a whole multiple of $10,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) the Type of Loans to be borrowed (provided that all Swingline Loans shall be Base Rate Loans), and (E) in the case of a Eurodollar Borrowing of LIBOR RateTerm SOFR Loans, the duration of the Interest Period applicable thereto. If the Borrower requests a Borrowing of a Term SOFR Loan in any such Notice of Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of but fails to specify an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.next Business Day or U.S.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Parent Borrower shall notify give the Administrative Agent irrevocable prior notice, which may be given by (I) telephone or (II) written notice substantially in the form of Exhibit A-5 (a “Notice of Borrowing”); provided that any telephone notice must be confirmed immediately by delivery to the Administrative Agent of a Notice of Borrowing (or Swingline Loan Notice, as applicable). Each such request Notice of Borrowing (or Swingline Loan Notice, as applicable) must be received by telephone the Administrative Agent not later than 11:00 a.m.
(ai) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requestedSwingline Loan Notice, as applicable) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the BorrowingBorrowing (by telephone or in writing).
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the Borrower shall notify give the Administrative Agent irrevocable prior notice (1) written substantially in the form of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a “Notice of Borrowing”) not later than 1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each SOFR Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be SOFR Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingSOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower shall requests a Borrowing of SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Sectionreceived after 1:00 p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Kforce Inc)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan (or, in the case of any LIBOR Rate Loans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Revolving Credit Lenders), of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (RealPage, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of EXHIBIT B (a "NOTICE OF BORROWING") not later than 12:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Restaurant Co)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time)
(i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each Base Rate Loan, (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether such Loan is to be a Revolving Credit Loan, Specified A/C Loan or a Swingline Loan, (C) if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall be (1) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $2,500,000 or a whole multiple of $500,000 in excess thereof, (2) with respect to LIBOR Rate Loans denominated in an Alternative Currency in an aggregate principal Alternative Currency Amount equal to $5,000,000 or a whole multiple of $1,000,000 in excess thereof, (3) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (4) with respect to Swingline Loans in an aggregate principal amount of $1,000,000 or a whole multiple thereof and (F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and LIBOR Interest Period applicable thereto. Notices received after 11:00 a.m. (bCharlotte time) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, shall be deemed received on the date of the proposed Borrowingnext Business Day. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the The Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
promptly notify (i) the aggregate amount Lenders of the Borrowing;
each Notice of Borrowing with respect to a Revolving Credit Loan and (ii) the date applicable Specified A/C Lenders of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type each Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the BorrowingSpecified A/C Loan.
Appears in 1 contract
Requests for Borrowing. To A request for a borrowing shall be made, ---------------------- or shall be deemed to be made, in the Borrowing, the following manner:
(i) Borrower shall notify give Lender notice of each request for a Revolving Credit Loan, therein specifying the Administrative Agent amount of such request the proposed borrowing and the proposed borrowing date, as provided herein. With respect to all Revolving Credit Loans, Borrower shall give notice to Lender (which must be received by telephone prior to 11 a.m., Dallas, Texas time) (ai) two (2) Business Days prior to the requested Funding Date, in the case of a Eurodollar Borrowing, not LIBOR Rate Loans and (ii) no later than 11:00 a.m., New York City timeDallas, three Business Days before Texas time on the date of the proposed Borrowing and (b) requested Funding Date, in the case of Base Rate Loans), specifying:
(A) the amount of the Borrowing (which, if a LIBOR Rate Loan, shall be in an ABR Borrowingamount that is not less than $1,000,000 or an integral multiple of $100,000 in excess thereof);
(B) the requested Funding Date, not later which shall be a Business Day;
(C) whether the Revolving Credit Loans requested are to be Base Rate Revolving Credit Loans or LIBOR Revolving Credit Loans; and
(D) the duration of the Interest Period if the requested Revolving Credit Loans are to be LIBOR Revolving Credit Loans. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of LIBOR Rate Loans, such Interest Period shall be one month.
(ii) Whenever a check is presented to Lender for payment against the Controlled Disbursement Account in an amount greater than 11:00 a.m.the then available balance in such account, New York City time, such presentation shall be deemed to be a request for a borrowing on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy such notice in an amount equal to the Administrative Agent excess of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowingsuch check over such available balance;
(iii) whether If any Secured Obligation becomes due and payable at any time prior to the Borrowing is time otherwise provided by Section 2.3, or as ----------- required by Lender pursuant to Section 11.2, then Borrower shall be an ABR Borrowing or ------------ deemed to have, requested Lender to make a Eurodollar Borrowing;Revolving Credit Loan in the amount of such Secured Obligation, and Lender in its sole discretion may make such Revolving Credit Loan, in which event such Secured Obligation shall be deemed paid and the amount thereof shall be included as a part of the Revolving Credit Loans (provided, -------- however, that Lender shall have no obligation to make any such ------- Revolving Credit Loan).
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period pursuant 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 with the requirements of Section 2.042.5(e)(ii). If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the Borrowing.------------------
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (C) whether the Loan shall be denominated in Dollars or an Alternative Currency; provided that, all Loans denominated in an Alternative Currency shall be LIBOR Rate Loans, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment or Alternative Currency Commitment, if applicable, then available to the Borrower, or if less, (x) with respect to Base Rate Loans in an aggregate minimum principal amount of $500,000 or a whole multiple of $250,000 in excess thereof, (y) with respect to LIBOR Rate Loans denominated in Dollars, in an aggregate minimum principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, and (z) with respect to LIBOR Rate Loans denominated in an Alternative Currency, in an aggregate minimum principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (E) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
. Notices received after 11:00 a.m. (vCharlotte time) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Floating Rate Loan and each Swingline Loan and (ii) at least two (2) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Floating Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (c) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iiiE) whether the Borrowing is Loans are to be an ABR Borrowing LIBOR Rate Loans or a Eurodollar Borrowing;
Floating Rate Loans, and (ivF) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 11:00 a.m. shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Fastenal Co)
Requests for Borrowing. To request the Borrowing, the Borrower shall notify give the Administrative Agent irrevocable prior notice (1) written substantially in the form of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a “Notice of Borrowing”) not later than 1:00 p.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) U.S. Government Securities Business Days before each SOFR Loan (or one (1) U.S. Government Securities Business Day with respect to any Loans made on the Closing Date), of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to SOFR Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan (or, in each case, the remaining amount of the Commitment or the Swingline Commitment, as applicable), (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be SOFR Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingSOFR Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as Borrower fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower shall requests a borrowing of SOFR Loans in any such Notice of Borrowing, but fails 210663207 to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Sectionreceived after 1:00 p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, the as applicable. The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Kforce Inc)
Requests for Borrowing. To request The Borrower shall give the Borrowing, Administrative Agent prior written notice (which notice shall be irrevocable unless the Borrower shall specifies in the Notice of Borrowing that such requested borrowing is contingent on the consummation of an anticipated transaction, in which case the Borrower shall, as promptly as practicable, notify the Administrative Agent if such transaction will not occur as scheduled) of its intention to borrow substantially in the form attached hereto as Exhibit A-1 (a “Notice of Borrowing”) not later than (i) 2:00 p.m. on the same Business Day as each ABR Loan, (ii) 2:00 p.m. on the same Business Day as each Swingline Loan, (iii) 12:00 p.m. at least three (3) Business Days before each Eurodollar Loan and, (iv) 12:00 p.m. at least (3) RFR Business Days before each RFR Loan denominated in Dollars, and (v) subject to Section 1.05, 12:00 p.m. at least four (4) Business Days before each Eurocurrency Loan or RFR Loan denominated in Sterling, is to be made, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) with respect to any Loan other than any Swingline Loan, whether the Loan shall be denominated in Dollars or a Permitted Alternative Currency, (C) if such Loan is denominated in Dollars, whether such Loan shall be a Floating Rate Loan or an ABR Loan, (D) the amount of such borrowing, which shall be in an amount equal to the amount of the Commitment or the Alternative Currency Commitment, as applicable, then available to the Borrower, or if less, (1) with respect to ABR Loans and Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, and (2) with respect to Eurodollar Loans and, Eurocurrency Loans and RFR Loans, in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 (or the Alternative Currency Amount thereof, as applicable) in excess thereof, (E) whether such Loan is to be a Revolving Loan or a Swingline Loan, (F) in the case of a Eurodollar BorrowingLoan, not later than 11:00 a.m.an RFR Term Loan or a Eurocurrency Loan, New York City time, three Business Days before the date duration of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall and (G) with respect to any Loan other than any Swingline Loan, whether the proceeds of such Loan are to be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of disbursed to the Borrower’s Account or the account to which funds are to be disbursed, which shall comply of the Swingline Lender in connection with the requirements repayment of Section 2.04a Swingline Loan. If no election as to the Type A Notice of Borrowing is specified, then received after the Borrowing applicable deadline set forth above shall be a Eurodollar Borrowingdeemed received on the next Business Day. If no Interest Period is specified The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing and shall provide any Notice of Borrowing with respect to a Swingline Loan to the Swingline Lender by 2:00 p.m. on the same Business Day as receipt of such Notice of Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowingwhich notice may be provided via email. For the avoidance of doubt, then the Borrower shall promptly reimburse the Lenders for any amounts required to be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of paid under Section 2.18 as a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender result of the details thereof and revocation of the amount any Notice of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans there shall be no minimum amount, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, which shall such notice must be a period contemplated received by the definition of the term “Interest Period”; and
Administrative Agent not later than 11:00 a.m. four (v4) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as Business Days prior to the Type requested date of Borrowing is specifiedsuch borrowing, then whereupon the Borrowing Administrative Agent shall be a Eurodollar Borrowing. If no give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is specified with respect acceptable to all of them. If the Borrowing, if it is requested (or deemed requested) as Borrower fails to specify a Eurodollar type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Us Ecology, Inc.)
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be (x) with respect to Base Rate Loans (other than Swingline Loans), in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, provided that any borrowing of Base Rate Loans may be in an aggregate amount that is equal to the entire unused balance of the Revolving Credit Commitment or that is required to finance the amount of a Reimbursement Obligation under a Letter of Credit, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans, in an aggregate principal amount of $250,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing such Loan is to be an ABR Borrowing a LIBOR Rate Loan or a Eurodollar Borrowing;
Base Rate Loan, and (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Fossil Inc)
Requests for Borrowing. To request the Borrowing, the The applicable Borrower or Borrowers shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon (Charlotte time)
(i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each Base Rate Loan, (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its or their intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether such Loan is to be a Revolving Credit Loan, Finnish Mark Loan or a Swingline Lo▇▇, (C) if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall be (u) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (v) with respect to LIBOR Rate Loans denominated in an Alternative Currency (other than Finnish Marks) in an aggregate principal Alternative Currency Amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (x) with respect to LIBOR Rate Loans denominated in Finnish Marks in an aggregate principal Alternative Currency Amount of $2,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple thereof and (F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and Interest Period applicable thereto. Notices received after 12:00 noon (bCharlotte time) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, shall be deemed received on the date of the proposed Borrowingnext Business Day. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the The Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
promptly notify (i) the aggregate amount Lenders of the Borrowing;
each Notice of Borrowing with respect to a Revolving Credit Loan and (ii) the date Finnish Mark Lenders of the Borrowing;
(iii) whether the each Notice ▇▇ Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the BorrowingFinnish Mark Loan.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in whole multiples of $100,000, (C) whether such Loans are to be Revolving Credit Loans or Swingline Loans, (D) in the case of a Eurodollar BorrowingRevolving Credit Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (bE) in the case of an ABR BorrowingLIBOR Rate Loans, not later than 11:00 a.m., New York City time, on the date duration of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower received after 12:00 noon shall be deemed to have selected an Interest Period of one month’s durationreceived on the next Business Day. Promptly following receipt of a Borrowing Request in accordance with this Section, the The Administrative Agent shall advise promptly notify the Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Requests for Borrowing. To request the Borrowing, the The Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a “Notice of Borrowing”) (i) not later than 11:00 a.m. Local Time on the same Business Day as each Base Rate Loan under the Dollar Tranche or under the Designated Currency Tranche if the Agreed Currency is Dollars, (ii) not later than 11:00 a.m. Local Time at least three (3) Business Days before each LIBOR Rate Loan under the Dollar Tranche or under the Designated Currency Tranche if the Agreed CHAR2\1566724v8 Currency is Dollars or if in respect of the Term Loan or Incremental Term Loans, (iii) not later than 11:00 a.m. Local Time at least four (4) Business Days before each Loan under the Designated Currency Tranche (other than Loans under the Designated Currency Tranche for which the Agreed Currency is Dollars) and (iv) not later than 2:00 p.m. Local Time on the same Business Day as each Swingline Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal Dollar Amount of $2,500,000 or a whole multiple of $100,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Dollar Tranche Revolving Credit Loan, a Designated Currency Tranche Revolving Credit Loan, the Term Loan, or a Swingline Loan, (D) in the case of a Eurodollar BorrowingDollar Tranche Revolving Credit Loan or the Term Loan, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is Loans are to be an ABR Borrowing LIBOR Rate Loans or a Eurodollar Borrowing;
Base Rate Loans, (ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the Interest Period to be applicable thereto, which and (F) in the case of a Designated Currency Tranche Revolving Credit Loan, the Agreed Currency thereof. The Base Rate shall not be a period contemplated by available under 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 with the requirements of Section 2.04Designated Currency Tranche. If no election as to the Type A Notice of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified received after 11:00 a.m. Local Time (or 2:00 p.m. Local Time with respect to the Borrowing, if it is requested (or deemed requestedSwingline Loans) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period received on the next Business Day. The Administrative Agent shall promptly notify the appropriate Lenders of one month’s durationeach Notice of Borrowing. Promptly following receipt The Administrative Agent agrees that the Borrower may submit a single Notice of Borrowing for borrowings under the Dollar Tranche and the Designated Currency Tranche if the Agreed Currency is Dollars; provided, that, if the Borrower delivers a Borrowing Request in accordance with this Sectionsingle Notice of Borrowing, the Administrative Agent shall advise each Lender of deem the details thereof Borrower to have requested that such Revolving Loan be applied first to the Dollar Tranche Revolving Loan Commitments and of second to the amount of such Lender’s Loan to be made as part of the BorrowingDesignated Currency Tranche Revolving Credit Commitments.
Appears in 1 contract
Sources: Credit Agreement (Blackbaud Inc)
Requests for Borrowing. To request The Borrower Agent, on behalf of itself or the BorrowingCayman Borrower, the Borrower shall notify give the Administrative Agent irrevocable prior written notice substantially in the form of Exhibit B (a “Notice of Borrowing”) not later than 11:00 a.m.
(i) on the same Business Day as each Base Rate Loan and each Swingline Loan and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) the amount of such borrowing, which shall be, (x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or Swingline Loan, (D) in the case of a Eurodollar BorrowingRevolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, not later than 11:00 a.m., New York City time, three Business Days before (E) whether such Loan will be made to the date of Parent Borrower or the proposed Borrowing Cayman Borrower and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Such telephonic Borrowing Request shall be irrevocable F and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount of the Borrowing;
(ii) the date of the Borrowing;
(iii) whether the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivE) in the case of a Eurodollar BorrowingLIBOR Rate Loan, the initial duration of the 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 with the requirements of Section 2.04. If no election as the Borrower Agent fails to the Type specify a type of Borrowing is specified, then the Borrowing shall be Loan in a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower shall Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt A Notice of a Borrowing Request in accordance with this Section, received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall advise promptly notify the Revolving Credit Lenders of each Lender Notice of the details thereof and of the amount of such Lender’s Loan to be made as part of the Borrowing.
Appears in 1 contract
Sources: Credit Agreement (Ubiquiti Inc.)
Requests for Borrowing. To request the Borrowing, the The applicable Borrower or Borrowers shall notify give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 12:00 noon (Charlotte time)
(i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each Base Rate Loan, (iii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iv) at least four (4) Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its or their intention to borrow, specifying (A) the date of such request by telephone borrowing, which shall be a Business Day, (aB) whether such Loan is to be a Revolving Credit Loan, Finnish Mark Loan or a Swingline Lo▇▇, (C) if such Loan is a Revolving Credit Loan, whether such Loan shall be denominated in Dollars or in an Alternative Currency, (D) if denominated in Dollars, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) the amount of such borrowing, which shall be (u) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (v) with respect to LIBOR Rate Loans denominated in an Alternative Currency (other than Finnish Marks) in an aggregate principal Alternative Currency Amount of $10,000,000 or a whole multiple of $1,000,000 in excess thereof, (x) with respect to LIBOR Rate Loans denominated in Finnish Marks in an aggregate principal Alternative Currency Amount of $2,000,000 or a whole multiple of $100,000 in excess thereof, (y) with respect to Base Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple thereof and (F) in the case of a Eurodollar BorrowingLIBOR Rate Loan, not later than 11:00 a.m., New York City time, three Business Days before the date duration of the proposed Borrowing and Interest Period applicable thereto. Notices received after 12:00 noon (bCharlotte time) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, shall be deemed received on the date of the proposed Borrowingnext Business Day. Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the The Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
promptly notify (i) the aggregate amount Lenders of the Borrowing;
each Notice of Borrowing with respect to a Revolving Credit Loan and (ii) the date Finnish Mark Lenders of the Borrowing;
(iii) whether the each Noti▇▇ ▇f Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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 with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to the Borrowing, if it is requested (or deemed requested) as a Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. 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 as part of the BorrowingFinnish Mark Loan.
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