Common use of Requests for Borrowing Clause in Contracts

Requests for Borrowing. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Requests for Borrowing. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e2.03(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii1) the aggregate amount of the requested Borrowing; (iii2) the date of such Borrowing, which shall be a Business Day; (iv3) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v4) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (vi5) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.052.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Requests for Borrowing. To request a Borrowing, the The Borrower shall notify give the Administrative Agent of such request irrevocable prior written notice (or telephonic notice confirmed by telephone written notice) in the form attached hereto as EXHIBIT B (aa "NOTICE OF BORROWING") not later than 11:00 a.m. (New York time) at least three Business Days before each New Facility Loan (except in the case of a Eurodollar Borrowingthe New Facility Loans, not later than 3:00 p.m.if any, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall to be made in an amount at least equal by the Tranche A New Facility Lender pursuant to the applicable minimum borrowing amountSection 3.2(c) below), a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings proposed borrowing specifying (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiA) the date of such Borrowingborrowing, which shall be a Business Day; , (ivB) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan borrowing which shall be in an aggregate principal amount of $1,000,000 or a whole multiple of $250,000 in excess thereof, and (C) the duration of the Interest Period applicable thereto. Each Notice of Borrowing delivered by the Borrower under this Section 3.2(a) in respect of New Facility Loans under the Tranche B New Facility Commitment shall be accompanied by a signed counterpart of a joint letter of instruction to the Depositary to request the Depositary to transfer proceeds from the Escrow Account in an amount equal to (x) the amount of New Facility Loans requested in by Notice of Borrowing to be made as part under the Tranche B New Facility Commitment multiplied by (y) the ratio of the requested Tranche A New Facility Commitment divided by the Tranche B New Facility Commitments. Notices received after 11:00 a.m. (New York time) shall be deemed received on the next Business Day. The Agent shall promptly notify the New Facility Lenders of each Notice of Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Rural Metro Corp /De/)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City timeEurocurrency Borrowing denominated in Dollars, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent), (bB) in the case of an ABR a Term SOFR Borrowing, not three (3) U.S. Government Securities Business Days before a proposed Borrowing (or such later than 10:30 time as shall be acceptable to the Agent) and (C) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency or a ▇▇▇▇▇ Rate Loan, four Business Days before a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche HI Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing or a Eurodollar Term SOFR Borrowing, as applicable; (viv) in the case of a Eurodollar Eurocurrency Borrowing or a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Loan Modification Agreement (TransDigm Group INC)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than 11:00 a.m., New York City time, (A) in the case of a Eurodollar LIBO Rate Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of an ABR Borrowing, not one (1) Business Day before a proposed Borrowing (or such later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthAgent). Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing, a Revolving Credit Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (viv) in the case of a Eurodollar LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (TransDigm Group INC)

Requests for Borrowing. To In order to request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand, electronic mail, or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery, electronic mail, or facsimile of written notice) not later than 11:00 a.m., New York City time, (A) in the case of a Eurodollar LIBO Rate Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the a proposed Borrowing (or such later time on such Business Day as shall be acceptable to the Agent) and (bB) in the case of an ABR Borrowing, not one (1) Business Day before a proposed Borrowing (or such later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar montheach Lender). Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class aggregate amount of the requested Borrowing; (ii) the aggregate principal amount of all Borrowings scheduled to be outstanding as of the date of the requested Borrowing (including, for this purpose, the principal amount of such requested Borrowing); (iii) the date of such the Borrowing, which shall be a Business Day; (iv) the Guaranteed Amount (and 95% of the Guaranteed Amount) as of the date of the Borrowing; (v) whether such the Borrowing then being requested is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (vvi) in the case of a Eurodollar LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof 2.02 and of the amount of such Lender’s Loan to be made as part of the requested BorrowingSection 2.04.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sunpower Corp)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than 11:00 a.m., New York City time, (A) in the case of a Eurodollar LIBO Rate Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of an ABR Borrowing, not one (1) Business Day before a proposed Borrowing (or such later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthAgent). Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche B Term Borrowing, a Tranche C Term Borrowing, an Incremental Term Borrowing, a Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (viv) in the case of a Eurodollar LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (TransDigm Group INC)

Requests for Borrowing. To The Borrower may irrevocably request that the Loan be made by delivering a BorrowingBorrowing Request, in the Borrower shall notify form of Exhibit H attached hereto, to the Administrative Agent of such request by telephone Lender (a) in the case of a Eurodollar Eurocurrency Rate Borrowing, not later than 3:00 p.m., 12:00 p.m. (New York City time, ) three Business Days before prior to the date of the proposed such Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 10:30 a.m., 12:00 p.m. (New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal ) one Business Day prior to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement date of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC DisbursementBorrowing. Each such telephonic The Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether such the Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Eurocurrency Rate Borrowing; (viv) in the case of a Eurodollar Eurocurrency Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account account(s) to which funds are to be disbursed, which shall comply with the requirements of Section 2.052.4. If no election as to the Type of the Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Coeur Mining, Inc.)

Requests for Borrowing. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by telecopy (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 3:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 11:00 a.m., New York City time, on the Business Day next following of the date on which the Borrower shall have been notified of such LC Disbursementproposed Borrowing. Each such telephonic Such Borrowing Request shall be irrevocable and and, if telephonic, shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form agreed to by the Administrative Agent and the Borrower and signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) a Borrowing Request may be requested pursuant revoked by the Borrower (by notice to this the Administrative Agent at any time prior to 9:00 a.m., New York City time, on the day of the proposed Borrowing), such revocation to be subject to Section 2.03 during any calendar month2.16 in the case of a Borrowing Request for a Eurocurrency Borrowing. Each such telephonic and written Borrowing Request shall specify the following information with respect to each Borrowing in compliance with Section 2.02: (i) the Class aggregate principal amount of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar the Type of the requested Borrowing; (viv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.052.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: 364 Day Bridge Term Loan Agreement (Kellogg Co)

Requests for Borrowing. To request a Revolving Borrowing or Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Class of whether the requested Borrowing is to be a Revolving Borrowing or a Term Loan Borrowing; (ii) the aggregate amount of the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.052.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Term Loan and Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City timeEurocurrency Borrowing denominated in Dollars, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent), (bB) in the case of an ABR a Term SOFR Borrowing, not three (3) U.S. Government Securities Business Days before a proposed Borrowing (or such later than 10:30 time as shall be acceptable to the Agent) and (CB) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency or a ▇▇▇▇▇ Rate Loan, four Business Days before a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche I Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing or a Eurodollar Term SOFR Borrowing, as applicable; (viv) in the case of a Eurodollar Eurocurrency Borrowing or a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (TransDigm Group INC)

Requests for Borrowing. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m.11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 11:00 a.m., New York City time, on the day date of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) the Class of such Borrowing and whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.052.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Enterprise GP Holdings L.P.)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Term SOFR Borrowing, not later than 3:00 p.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of a Eurocurrency Borrowing denominated in an ABR BorrowingAlternative Currency or a ▇▇▇▇▇ Rate Loan, not four Business Days before a proposed Borrowing (or such later than 10:30 time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche K Term Borrowing, Tranche N Term Borrowing, Tranche M Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing or a Eurodollar Term SOFR Borrowing, as applicable; (viv) in the case of a Eurodollar Eurocurrency Borrowing or a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Incremental Term Loan Assumption Agreement (TransDigm Group INC)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Term SOFR Borrowing, not later than 3:00 p.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of a Eurocurrency Borrowing denominated in an ABR BorrowingAlternative Currency or a ▇▇▇▇▇ Rate Loan, not four Business Days before a proposed Borrowing (or such later than 10:30 time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche K Term Borrowing, Tranche M Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing or a Eurodollar Term SOFR Borrowing, as applicable; (viv) in the case of a Eurodollar Eurocurrency Borrowing or a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Loan Modification Agreement (TransDigm Group INC)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Term SOFR Borrowing, not later than 3:00 p.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of a Eurocurrency Borrowing denominated in an ABR BorrowingAlternative Currency or a ▇▇▇▇▇ Rate Loan, not four Business Days before a proposed Borrowing (or such later than 10:30 time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche IJ Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing or a Eurodollar Term SOFR Borrowing, as applicable; (viv) in the case of a Eurodollar Eurocurrency Borrowing or a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Incremental Term Loan Assumption Agreement (TransDigm Group INC)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than 11:00 a.m., New York City time, (A) in the case of a Eurodollar LIBOR Rate Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of an ABR Borrowing, not one (1) Business Day before a proposed Borrowing (or such later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthAgent). Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Term Borrowing, an Incremental Term Borrowing, a Revolving Credit Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Rate Borrowing; (viv) in the case of a Eurodollar LIBOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed. provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04 (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Transdigm Inc)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City timeEurocurrency Borrowing denominated in Dollars, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (bB) in the case of a Eurocurrency Borrowing denominated in an ABR BorrowingAlternative Currency, not later than 10:30 11:00 a.m., New York City time or a ▇▇▇▇▇ Rate Loan, four Business Days before a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche C Term Borrowing, a Tranche D Term Borrowing, a Tranche E Term Borrowing, a Tranche F Term Borrowing, a Tranche G Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (viv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Loan Modification Agreement (TransDigm Group INC)

Requests for Borrowing. To (a) In order to request a Borrowing, the Borrower shall notify the Administrative Agent Lender of such request either in writing by delivery of a Borrowing Request (by hand, electronic mail, or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery, electronic mail, or facsimile of written notice) not later than 11:00 a.m., New York City time, (A) in the case of a Eurodollar LIBO Rate Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or such later time on such Business Day as shall be acceptable to the Lender), and (bB) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of one (1) Business Day before the proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC DisbursementLender). Each such The telephonic or written Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Class aggregate amount of the requested Borrowing; (ii) the aggregate principal amount of all Borrowings scheduled to be outstanding as of the date of the requested Borrowing (including, for this purpose, the principal amount of such requested Borrowing); (iii) the date of such Borrowing, which shall be a Business Day; (iv) the Guaranteed Amount as of the date of the Borrowing; (v) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (vvi) in the case of a Eurodollar LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.05. . (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a LIBO Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of . (c) The Borrower may make no more than five (5) requests for a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowingany given calendar month.

Appears in 1 contract

Sources: Term Credit Agreement (Clean Energy Fuels Corp.)

Requests for Borrowing. To request a Borrowing, the The Borrower shall notify give the Administrative Agent of such request by telephone irrevocable prior written notice (aor telephonic notice promptly confirmed in writing) in the case form attached hereto as Exhibit B (a "Notice of a Eurodollar Borrowing, ") not later than 3:00 p.m., 11:00 a.m. (New York City time) (i) on the same Business Day as each Swingline Loan, (ii) at least one Business Day before each proposed borrowing of Base Rate Loans and (iii) at least three Business Days before the date each proposed borrowing of the proposed Borrowing or Eurodollar Loans, of its intention to borrow, specifying (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiA) the date of such Borrowingborrowing, which shall be a Business Day; , (ivB) the amount of such borrowing, which with respect to Revolving Credit Loans shall be in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof for Base Rate Loans (provided that the foregoing minimums shall not apply if the Revolving Credit Loans are being made pursuant to Section 2.2(b) and an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof for Eurodollar Loans, (C) whether such Borrowing is Loans are to be an ABR Borrowing Revolving Credit Loans or a Eurodollar Borrowing; Swingline Loan, (vD) in the case of a Eurodollar BorrowingRevolving Credit Loans, whether the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds Loans are to be disbursedEurodollar Loans or Base Rate Loans, which and (E) in the case of Eurodollar Loans, the duration of the Interest Period applicable thereto. Notices received after 11:00 a.m. (New York time) shall comply with be deemed received on the requirements next Business Day. The Administrative Agent shall promptly notify the Lenders of Section 2.05. If no election as to the Type each Notice of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingRevolving Credit Loans.

Appears in 1 contract

Sources: Credit Agreement (Caraustar Industries Inc)

Requests for Borrowing. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of the proposed Borrowing; provided that if at any time an LC Disbursement denominated in dollars shall be made in an amount at least equal to the applicable minimum borrowing amount, a notice of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e2.03(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar month. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii1) the aggregate amount of the requested Borrowing; (iii2) the date of such Borrowing, which shall be a Business Day; (iv3) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v4) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi5) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.052.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)

Requests for Borrowing. To (a) In order to request a BorrowingBorrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.02(e), as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (ato be confirmed promptly by hand delivery or facsimile of written notice) not later than (x) 11:00 a.m., New York City time, (A) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City timeEurocurrency Borrowing denominated in Dollars, three (3) Business Days before the date of the a proposed Borrowing (or such later time as shall be acceptable to the Agent) and, (bB) in the case of an ABR a Term SOFR Borrowing, not three (3) U.S. Government Securities Business Days before a proposed Borrowing (or such later than 10:30 time as shall be acceptable to the Agent) and (C) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency or a ▇▇▇▇▇ Rate Loan, four Business Days before a proposed Borrowing (or such later time as shall be acceptable to the Agent) and (y) 11:00 a.m., New York City time, on the day date of the a proposed Borrowing; provided that if at any Borrowing (or such later time an LC Disbursement denominated in dollars as shall be made in an amount at least equal acceptable to the applicable minimum borrowing amountAgent), a notice in the case of an ABR Borrowing to finance the reimbursement of such LC Disbursement shall be deemed to have been timely given as contemplated by Section 2.04(e) unless the Borrower shall have given notice to the contrary to the Administrative Agent not later than 10:00 a.m., New York City time, on the Business Day next following the date on which the Borrower shall have been notified of such LC Disbursement. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Borrower; and provided further that not more than three DF Borrowings (other than Borrowings contemplated by Section 2.04(e) and other than Borrowings resulting from new interest elections under Section 2.06 with respect to outstanding Borrowings) may be requested pursuant to this Section 2.03 during any calendar monthBorrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.022.01: (i) the Class of the requested Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such the Borrowing, which shall be a Business Day; (iviii) whether the Borrowing then being requested is to be a Tranche C Term Borrowing, a Tranche D Term Borrowing, a Tranche E Term Borrowing, a Tranche F Term Borrowing, a Tranche GH Term Borrowing, an Incremental Term Borrowing, a Dollar Revolving Borrowing, a Multicurrency Revolving Borrowing or an Incremental Revolving Credit Borrowing, and whether such Borrowing is to be an ABR Borrowing or, a Eurocurrency Borrowing or a Eurodollar Term SOFR Borrowing, as applicable; (viv) in the case of a Eurodollar Eurocurrency Borrowing or a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Multicurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed; provided, which however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements of set forth in Section 2.05. 2.02 and Section 2.04. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing Borrowing, if denominated in Dollars, shall be an ABR BorrowingBorrowing and if denominated in any other currency, shall be a Eurocurrency Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified then the requested Borrowing shall be denominated in Dollars. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Loan Modification Agreement (TransDigm Group INC)