Requests for Borrowing. The Borrower shall 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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.
Appears in 4 contracts
Samples: Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 2:00 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 (iiiii) 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 applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall be, 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, (2x) 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, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal amount of C$1,000,000 $5,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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 $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 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 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 any proposed Revolving Credit Loans, the Borrower 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 and a Notice of Borrowing with respect thereto.
Appears in 3 contracts
Samples: 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. The applicable Borrower shall 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.11:00 a.m.
(i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) US Government Securities Business Days before each LIBOR SOFR Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (y) with respect to SOFR Loans, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (3z) with respect to BA Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) 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 $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be SOFR Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate SOFR Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or US Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Requests for Borrowing. The applicable Borrower shall 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.11:00 a.m.
(i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) Business Days before each LIBOR Rate Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR Rate Loans, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (3z) with respect to BA Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) 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 $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.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.
Appears in 2 contracts
Samples: Credit Agreement (Southwest Gas Corp), Credit Agreement (Southwest Gas Corp)
Requests for Borrowing. The Borrower shall 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”) to (i) the Administrative Agent with respect to any Loan (other than a Swingline Loan made by way of overdraft) and (ii) the Swingline Lender, with respect to each Swingline Loan (other than a Swingline Loan made by way of overdraft). Such Notice of Borrowing shall be delivered 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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 applicable Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline LoanLoan (other than a Swingline Loan made by way of overdraft), 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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Bowater Inc), Credit Agreement (Bowater Inc)
Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “"Notice of Borrowing”") not later than 12:00 p.m.
11:00 a.m. (Eastern time) (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 (iiiii) 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 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, (2x) 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, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal amount of C$$1,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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, (5other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Eastern time) 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
Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Requests for Borrowing. The applicable Borrower shall 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.11:00 a.m.
(i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each US Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and each Canadian Swingline Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan and each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans and Canadian Revolving Credit Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 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, (4y) 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 thereofLoans, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (6z) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $25,000 or Dollars a whole multiple of $25,000 in excess thereof, (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.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.
Appears in 2 contracts
Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)
Requests for Borrowing. The Borrower shall 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.
noon (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 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 borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) ), must be in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 100,000 in excess thereofthereof (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 Section 3.5), (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, (4y) 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 thereofLoans, (5) with respect to LIBOR Rate Loans denominated in Dollars must be in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof thereof, and (6z) with respect to Swingline Loans Loans, may be in any amount of Canadian Dollars or Dollars amount, (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. noon shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Supreme Industries Inc), Credit Agreement (Supreme Industries Inc)
Requests for Borrowing. The applicable Borrower shall 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.11:00 a.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 three (13) Business Day Days before each BA LIBOR Rate Loan denominated in Dollars and (iii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in an Alternative Currency, of its intention to borrow, specifying specifying: (A) the Borrower of such Loan, (B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; , (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 LIBOR Rate Loan, the duration of the Interest Period applicable thereto and (F) the amount of such borrowing, which shall be, borrowings and (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, (42) with respect to LIBOR Rate Loans denominated in Canadian Dollars Dollars, in an aggregate principal amount of C$3,000,000 $1,000,000 or a whole multiple of C$1,000,000 $500,000 in excess thereof, and (53) with respect to LIBOR Rate Loans denominated in Dollars 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 $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof thereof; provided, however, that (x) Swingline Loans may only be denominated in Dollars and may only be made to the U.S. Borrower, (y) the U.S. Borrower may only borrow Loans denominated in Dollars, and (6z) with respect to Swingline the Belgian Borrower may only borrow Revolving Credit 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable theretoAlternative Currency. A Notice of Borrowing received after 12:00 p.m. 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
Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Requests for Borrowing. The Borrower With the exception of Swingline Loans deemed requested pursuant to the Swingline Side Letter, the Borrowers shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
11:00 a.m. (Eastern time) (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 (iiiii) 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 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, (2x) 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, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal amount of C$$1,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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, (5other than Swingline Loans deemed requested pursuant to the Swingline Side Letter) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. (Eastern time) 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
Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)
Requests for Borrowing. The Borrower shall 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.
11:00 a.m. (i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base LIBOR Market Index Rate Loan and each Swingline Loan, Loan (other than Cash Management Swingline Loans) and (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 borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans and LIBOR Market Index Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof, (3y) with respect to BA LIBOR Rate Loans in an aggregate principal amount of C$1,000,000 $500,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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, (5other than Cash Management Swingline Loans) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime LIBOR Market Index Rate Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.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.
Appears in 2 contracts
Samples: Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Merit Medical Systems Inc)
Requests for Borrowing. The To request a Revolving Loan or a Swingline Loan on behalf of a Borrower, the Administrative Borrower shall 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 F hereof (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.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 (iiiii) at least three (3) Business Days before each LIBOR Eurodollar Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 or a whole multiple of $500,000 in excess thereof, (3y) with respect to BA Eurodollar Rate Loans in an aggregate principal amount of C$1,000,000 $2,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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 $3,000,000 100,000 or a whole multiple of $1,000,000 25,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan Loan, whether the Loans are to be LIBOR Eurodollar Rate Loans or Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Eurodollar Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day. Any Loan or any portion thereof as to which the Administrative Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan in the case of a Revolving Loan, and any Eurodollar Rate Loan for which the Administrative Borrower fails to specify an Interest Period shall be deemed to have an Interest Period of one (1) month. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Mohawk Industries Inc), Loan and Security Agreement (Mohawk Industries Inc)
Requests for Borrowing. The Borrower shall 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.
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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) 12:00 noon 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) 12:00 noon at least three (3) Business Days before each LIBOR Rate Loan, and (iii) 12:00 noon at least one (1) Business Day before each Canadian Base Rate Loan, of its intention to borrow, specifying specifying:
(A) if the applicable Borrower is the US Borrower or the Canadian Borrower;
(B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; ;
(C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Canadian Dollar 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) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto;
(F) 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 $500,000 or a whole multiple of $100,000 in excess thereof, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (3) with respect to BA Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof and (4) with respect to Canadian Base Rate Loans in an aggregate principal amount of C$1,000,000 500,000 or a whole multiple of C$500,000 100,000 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. the times set forth above shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Pool Corp)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline LoanLoan (other than a Swingline Loan made by way of overdraft), 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.
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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The Borrower shall 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”) ), which may be given by telephone and promptly confirmed by fax or email, not later than 12:00 1:00 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 denominated in Dollars, (iii) at least five RFR Business Days before each RFR Loan (whether denominated in Dollars or an Alternative Currency) and (iv) at least four Business Day before each LIBOR-based Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying:
(A) the date of such borrowing, which shall be a 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 applicable Permitted Alternative Currency with respect in which such Loan is to be funded;
(D) whether such borrowingRevolving Credit Loan shall be a LIBOR Rate Loan, a Base Rate Loan or an RFR Loan;
(E) if such Loan is a LIBOR Rate Loan or Term RFR Loan, the duration of the Interest Period applicable thereto; and
(CF) 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, (2) with respect to LIBOR Rate Loans and RFR 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 and or (63) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $500,000 or Dollars (as applicable); (D) whether such Loan is a whole multiple of $100,000 in excess thereof. If the Borrower fails to be specify a Revolving Credit Loan or Swingline Loan; (E) currency in the case Notice of Borrowing requesting a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, then the duration of the Interest Period applicable theretoLoan so requested shall be made in Dollars. A Notice of Borrowing received after 12:00 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
Samples: Credit Agreement (Owens Corning)
Requests for Borrowing. The applicable Borrower shall 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.11:00 a.m.
(i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) US Government Securities Business Days before each LIBOR RateSOFR Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Revolving Credit Loans in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (y) with respect to LIBOR RateSOFR Loans, in an aggregate principal amount of $2,000,000 or a whole multiple of $500,000 in excess thereof, thereof and (3z) with respect to BA Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) 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 $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR RateSOFR Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate RateSOFR Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day or US Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Subsidiary Borrowers, shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) 12:00 noon 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) 12:00 noon at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars, (iii) 12:00 noon at least one (1) Business Day before each Canadian Dollar Loan and (iv) 12:00 noon at least four (4) Business Days before each LIBOR Rate Loan denominated in Euros, of its intention to borrow, specifying specifying:
(A) if the applicable Borrower is the US Borrower, the Canadian Borrower or the Dutch Borrower;
(B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; ;
(C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Canadian Dollar Loan or Euro Loan;
(D) in the case of a Revolving Credit Loan, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(E) in the case of a Canadian Dollar Loan, whether such Canadian Dollar Loan shall be a CDOR Rate Loan or Canadian Base Rate Loan;
(F) if such Loan is a LIBOR Rate Loan or a CDOR Rate Loan, the duration of the Interest Period applicable thereto; and
(G) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Base Rate Loans, in an aggregate principal amount of $500,000 or a whole multiple of $100,000 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 $1,000,000 in excess thereof, (other than 3) with respect to Swingline Loans, in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (4) with respect to Canadian Base Rate Loans, in an aggregate principal amount of C$500,000 or a whole multiple of C$100,000 in excess thereof, (5) with respect to CDOR Rate 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 Euro Loans, in any an aggregate principal amount of Canadian Dollars 1,000,000 EUR or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) whole multiple of 500,000 EUR in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable theretoexcess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Pool Corp)
Requests for Borrowing. The Borrower U.S. Borrower, on behalf of the applicable Borrower, shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
Noon (i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate Canadian Dollar Loan and each Swingline Loan, and (ii) at least one (1) Business Day before each BA Loan and (iii) at least three (3) Business Days before each LIBOR Rate Loan, Loan of its intention to borrow, specifying the following:
(A) the applicable Borrower;
(B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; ;
(C) whether such Loan is to be a Revolving Credit Loan, a Canadian Dollar Loan or a Swingline Loan;
(D) if such Loan is a Revolving Credit Loan, whether such Revolving Credit Loan shall be denominated in Dollars or an Alternative Currency;
(E) if such Loan is a Revolving Credit Loan in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan;
(F) the amount of such borrowing, which shall bebe in an amount (or the Alternative Currency Amount, if applicable) equal to the amount of the Revolving Credit Commitment, the Alternative Currency Commitment, the Canadian Dollar Commitment or the Swingline Commitment, as applicable, then available to the Borrowers, or if less, (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 $1,000,000 500,000 or a whole multiple of $500,000 in excess thereof, (32) with respect to BA Loans Canadian Base Rate Loans, in an aggregate principal amount of C$1,000,000 100,000 or a whole multiple of C$500,000 100,000 in excess thereof, 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, (53) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 500,000 in excess thereof and thereof, (4) with respect to LIBOR Rate Loans denominated in euro in an aggregate principal amount of € 500,000 or a whole multiple of €250,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Pounds Sterling in an aggregate principal amount of £500,000 or a whole multiple of £250,000 in excess thereof, (6) with respect to Swingline LIBOR Rate Loans denominated in any a Permitted Currency (other than Pounds Sterling, Canadian Dollars, or euro), based upon the Alternative Currency Amount thereof, in an aggregate principal amount of Canadian Dollars $500,000 or Dollars a whole multiple of $500,000 in excess thereof and (as applicable); (D7) whether such Loan is with respect to be a Revolving Credit Loan or Swingline Loan; (E) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans in an aggregate principal amount of $100,000 or BA Loansa whole multiple of $100,000 in excess thereof; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.and
Appears in 1 contract
Samples: Credit Agreement (PRA International)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline LoanLoan (other than a Swingline Loan made by way of overdraft), 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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) 12:00 noon 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) 12:00 noon at least three (3) Business Days before each LIBOR Rate Loan, and (iii) 12:00 noon (Toronto, Ontario time) at least one (1) Business Day before each Canadian Base Rate Loan, of its intention to borrow, specifying specifying:
(A) if the applicable Borrower is the US Borrower or the Canadian Borrower;
(B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; ;
(C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Canadian Dollar 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) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto;
(F) if such Loan is a Swingline Loan, whether such Swingline Loan shall be a Base Rate Loan or a Quoted Swingline Rate Loan; and
(G) 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 $500,000 or a whole multiple of $100,000 in excess thereof, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (3) with respect to BA Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof and (4) with respect to Canadian Base Rate Loans in an aggregate principal amount of C$1,000,000 500,000 or a whole multiple of C$500,000 100,000 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. the times set forth above shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The applicable Borrower shall 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.11:00 a.m.
(i) on the same Business Day as each Canadian Prime Base Rate Loan, each Base Rate US Swingline Loan and each Canadian Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and (other than Canadian Swingline Loans), (iii) at least three (3) Business Days before each LIBOR Rate Loan and (iv) at least four (4) Business Days before each CDOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans and Canadian Revolving Credit Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof, (3y) with respect to BA LIBOR Rate Loans, in an aggregate principal amount of $2,000,000 (or C$2,000,000) or a whole multiple of $500,000 (or C$500,000) in excess thereof and (z) with respect to Swingline Loans in an aggregate principal amount of $500,000 (or C$1,000,000 or a whole multiple of C$500,000 in excess thereof, (4500,000) 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 $1,000,000 100,000 (or C$100,000) in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR CDOR Rate Loans or Canadian Base Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA a CDOR Rate Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.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.
Appears in 1 contract
Requests for Borrowing. The Borrower shall 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 F (a “Notice of Borrowing”) not later than 12:00 p.m.11:00 a.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 (iiiii)(A) in the case of a Term SOFR Loan, at least three (3) RFR Business Days before each LIBOR Rate such Term SOFR Loan, (B) in the case of an RFR Loan denominated in any Alternative Currency, at least three (3) RFR Business Days before such RFR Loan, and (C) in the case of a Eurocurrency 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 date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to currency of 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, (2x) 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, (3y) with respect to BA Eurocurrency Rate Loans and RFR Loans in an aggregate principal amount of C$$1,000,000 or a whole multiple of C$$500,000 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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 $3,000,000 500,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (6) with respect to Swingline Loans or, in any each case, the remaining amount of Canadian Dollars the Revolving Credit Commitment or Dollars (the Swingline Commitment, as applicable); , (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (E) in the case of a Revolving Credit Loan whether the Loans are such Revolving Credit Loan is to be LIBOR a Eurocurrency Rate LoansLoan, Canadian Prime Rate Loansa Daily Simple RFR Loan, a Term SOFR Loan or a Base Rate Loans or BA Loans; Loan, and (EF) in the case of a LIBOR Eurocurrency Rate Loan or any BA 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 specified an Interest Period of one month. A Notice of Borrowing received after 12:00 p.m. 11:00 a.m. shall be deemed received on the next Business Day, RFR Business Day or Eurocurrency Banking Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Subsidiary Borrowers, shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) 12:00 noon 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) 12:00 noon at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars or Canadian Dollars, (iii) 12:00 noon at least one (1) Business Day before each Canadian Base Rate Loan and (iv) 12:00 noon at least four (4) Business Days before each LIBOR Rate Loan denominated in Euros, of its intention to borrow, specifying specifying:
(A) if the applicable Borrower is the US Borrower, the Canadian Borrower or the Dutch Borrower;
(B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; ;
(C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan, Canadian Dollar Loan or Euro Loan;
(D) whether such Revolving Credit Loan shall be a LIBOR Rate Loan, a Base Rate Loan or Canadian Base Rate Loan;
(E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and
(F) the amount of such borrowing, which shall be, (1) with respect to Canadian Prime Base Rate Loans (other than Swingline Loans) , in an aggregate principal amount of C$1,000,000 $500,000 or a whole multiple of C$500,000 $100,000 in excess thereof, (2) with respect to Base LIBOR Rate Loans (other than Swingline Loans) denominated in Dollars, in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (3) with respect to BA Loans Swingline Loans, in an aggregate principal amount of C$1,000,000 $100,000 or a whole multiple of C$500,000 $100,000 in excess thereof, (4) with respect to LIBOR Canadian Base Rate Loans denominated in Canadian Dollars Loans, in an aggregate principal amount of C$3,000,000 500,000 or a whole multiple of C$1,000,000 100,000 in excess thereof, (5) with respect to LIBOR Rate Loans denominated in Dollars Canadian Dollars, in an aggregate principal amount of $3,000,000 C$1,000,000 or a whole multiple of $C$1,000,000 in excess thereof and (6) with respect to Swingline Loans Euro Loans, in any an aggregate principal amount of Canadian Dollars 1,000,000 EUR or Dollars (as applicable); (D) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; (E) whole multiple of 500,000 EUR in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable theretoexcess thereof. A Notice of Borrowing received after 12:00 p.m. the times set forth above shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Pool Corp)
Requests for Borrowing. The Borrower U.S. Borrower, on behalf of the Applicable Borrower, shall 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 1:00 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 denominated in Dollars and (iii) at least four (4) Business Day before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying specifying:
(A) the date of such borrowing, which shall be a 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 applicable Permitted Alternative Currency with respect in which such Loan is to be funded;
(D) if such borrowingLoan 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 Interest Period applicable thereto; and
(CF) 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, (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 and or (63) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $500,000 or Dollars (as applicable); (D) whether such Loan is a whole multiple of $100,000 in excess thereof. If the U.S. Borrower fails to be specify a Revolving Credit Loan or Swingline Loan; (E) currency in the case Notice of Borrowing requesting a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, then the duration of the Interest Period applicable theretoLoan so requested shall be made in Dollars. A Notice of Borrowing received after 12:00 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
Samples: Credit Agreement (Owens Corning)
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) (i) not later than 12:00 p.m.
(i) 11:00 a.m. Local Time on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each Swingline Loanunder the Dollar Tranche or under the Designated Currency Tranche if the Agreed Currency is Dollars, (ii) at least one (1) Business Day before each BA Loan and (iii) 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 borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 in excess thereof, (3y) with respect to BA 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 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 $3,000,000 100,000 or a whole multiple of $1,000,000 100,000 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Dollar Tranche Revolving Credit Loan Loan, a Designated Currency Tranche Revolving Credit Loan, the Term Loan, or a Swingline Loan; , (ED) in the case of a Dollar Tranche Revolving Credit Loan or the Term Loan, whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto, and (F) in the case of a Designated Currency Tranche Revolving Credit Loan, the Agreed Currency thereof. The Base Rate shall not be available under the Designated Currency Tranche. A Notice of Borrowing received after 12:00 11:00 a.m. Local Time (or 2:00 p.m. Local Time with respect to Swingline Loans) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the appropriate Lenders of each Notice of Borrowing. 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 single Notice of Borrowing, the Administrative Agent shall deem the Borrower to have requested that such Revolving Loan be applied first to the Dollar Tranche Revolving Loan Commitments and second to the Designated Currency Tranche Revolving Credit Commitments.
Appears in 1 contract
Samples: Credit Agreement (Blackbaud Inc)
Requests for Borrowing. The Borrower shall give the Administrative ---------------------- Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B B- --------- 1 (a “"Notice of Revolving Credit Borrowing”")
(i) not later than 12:00 p.m.
noon - (iCharlotte time) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and on which each Swingline LoanLoan is to be made, (ii) not later than 11:00 a.m. (Charlotte time) at least one (1) Business Day before each BA 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 LoanLoan is to be made, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) the applicable Permitted Currency with respect to such borrowing; (C) the amount of such borrowing, which shall bebe in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (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, (2x) 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, (3y) with respect to BA LIBOR Rate 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 5,000,000 or a whole multiple of $1,000,000 in excess thereof and (6z) with respect to Swingline Loans in any an aggregate principle amount of Canadian Dollars $500,000 or Dollars a whole multiple of $100,000 in excess thereof, (as applicable); (DC) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan; , (ED) in the case of a Revolving Credit Loan Loan, whether the Loans are initially to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the initial Interest Period applicable thereto. A Notice of Borrowing Notices received after 12:00 p.m. noon (Charlotte time) in the case of Swingline Loans or 11:00 a.m. (Charlotte time) in the case of Base Rate Loans and LIBOR Rate Loans shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingRevolving Credit Borrowing received by the Administrative Agent.
Appears in 1 contract
Requests for Borrowing. The Borrower shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) for Revolving Credit Loans or Swingline Loans, as the case may be, not later than 12:00 p.m.
1:00 p.m. (New York time) (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 (iiiii) 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 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) in an aggregate minimum principal amount of One Million Dollars ($1,000,000 or a whole multiple of $500,000 in excess thereof1,000,000), (3y) with respect to BA LIBOR Rate Loans in an aggregate minimum principal amount of Two Million Five Hundred Thousand Dollars ($2,500,000) or, at the Borrower’s option, if such borrowing is to be used to pay a principal installment due under Section 4.3, in an amount equal to the principal amount of such installment, and (z) with respect to Swingline Loans in an aggregate principal amount of C$1,000,000 One Hundred Thousand Dollars ($100,000) or a whole multiple of C$500,000 One Hundred Thousand Dollars ($100,000) 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); (DC) whether such Loan is to be a Revolving Credit Loan or Swingline Loan; , (ED) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Loans or Base Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 1:00 p.m. (New York time) 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
Samples: Credit Agreement (Geo Group Inc)
Requests for Borrowing. The applicable Borrower shall 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.11:00 a.m.
(i) on the same Business Day as each Canadian Prime Rate Loan, each Base Rate Loan and each US Swingline Loan, (ii) at least one (1) Business Day before each BA Canadian Base Rate Loan and each Canadian Swingline Loan, (iii) at least three (3) Business Days before each LIBOR Rate Loan (other than Canadian Revolving Credit Loans) and (iv) at least four (4) Business Days before each Canadian Revolving Credit Loan which is to be a LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans and Canadian Base Rate Loans (other than Canadian Swingline Loans) in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 100,000 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, (4y) 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 thereofLoans, (5) with respect to LIBOR Rate Loans denominated in Dollars in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (6z) with respect to Swingline Loans in any an aggregate principal amount of Canadian Dollars $25,000 or Dollars a whole multiple of $25,000 in excess thereof, (as applicable); (DC) whether such Loan is to be a US Revolving Credit Loan, Canadian Revolving Credit Loan, US Swingline Loan or Canadian Swingline Loan; , (D) in the case of a US Revolving Credit Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Canadian Revolving Credit Loan Loan, whether the Loans are to be LIBOR Rate Loans, Loans or Canadian Prime Base Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. 11:00 a.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.
Appears in 1 contract
Requests for Borrowing. The Borrower shall 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 borrowing, which shall be a Business Day; (B) 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. 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 Lenders of each Notice of Borrowing.
Appears in 1 contract
Requests for Borrowing. The Borrower Borrowers shall 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.11:00 a.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 Canadian Prime Rate Loan, (iii) at least three (3) Business Days before each LIBOR Rate LoanLoan denominated in Dollars and CDOR Rate Loan and (iv) at least four Business Days before each LIBOR Rate Loan denominated in an Alternative Currency, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day; , (B) 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, (2x) with respect to Base Rate Loans (other than Swingline Loans) and Canadian Prime Rate Loans in an aggregate principal amount of $1,000,000 1,000,000.00 or a whole multiple of $500,000 500,000.00 in excess thereof, (3y) with respect to BA LIBOR Rate Loans and CDOR Rate Loans in an aggregate principal amount of C$1,000,000 $2,000,000.00 or a whole multiple of C$500,000 $500,000.00 in excess thereof, thereof and (4z) with respect to LIBOR Rate Swingline 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 $3,000,000 100,000.00 or a whole multiple of $1,000,000 100,000.00 in excess thereof and thereof, (6) with respect to Swingline Loans in any amount of Canadian Dollars or Dollars (as applicable); (DC) whether such Loan is to be a Revolving Credit A Loan, Revolving B Loan or Swingline Loan; , (D) in the case of a Revolving A Loan, whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) in the case of a Revolving Credit Loan B Loan, whether the Loans are to be LIBOR CDOR Rate Loans, Loans or Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (EF) in the case of a LIBOR Rate Loan or any BA CDOR Rate Loan, the duration of the Interest Period applicable thereto, and (G) the currency of such borrowing. If a Notice of Borrowing fails to specify a currency, then such borrowing shall be made in Dollars. A Notice of Borrowing received after 12:00 p.m. 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 1 contract
Samples: Loan Agreement (Omega Protein Corp)
Requests for Borrowing. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall give the Administrative Agent and, with respect to each Swingline Loan, the Swingline Lender irrevocable prior written notice substantially in the form of attached hereto as Exhibit B (a “Notice of Borrowing”) not later than 12:00 p.m.
(i) 12:00 noon 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) 12:00 noon at least three (3) Business Days before each LIBOR Rate Loan, and (iii) 12:00 noon (Toronto, Ontario time) at least one (1) Business Day before each Canadian Base Rate Loan, of its intention to borrow, specifying specifying:
(A) if the applicable Borrower is the US Borrower or the Canadian Borrower;
(B) the date of such borrowing, which shall be a Business Day; (B) the applicable Permitted Currency with respect to such borrowing; ;
(C) whether such Loan is to be a Revolving Credit Loan, Swingline Loan or Canadian Dollar 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) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto;
(F) if such Loan is a Swingline Loan, whether such Swingline Loan shall be a Base Rate Loan or a Quoted Swingline Rate Loan; and
(G) 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 $500,000 or a whole multiple of $100,000 in excess thereof, (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 1,000,000 in excess thereof, (3) with respect to BA Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof and (4) with respect to Canadian Base Rate Loans in an aggregate principal amount of C$1,000,000 500,000 or a whole multiple of C$500,000 100,000 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 Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans, Canadian Prime Rate Loans, Base Rate Loans or BA Loans; and (E) in the case of a LIBOR Rate Loan or any BA Loan, the duration of the Interest Period applicable thereto. A Notice of Borrowing received after 12:00 p.m. the times set forth above 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
Samples: Credit Agreement (SCP Pool Corp)
