Common use of Requests for Borrowing Clause in Contracts

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

AutoNDA by SimpleDocs

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, Loans and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B A-1 (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) Daily Simple SOFR Loan, and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $500,000 in excess thereof, and (y) with respect to SOFR Loans in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Revolving Credit Loan is to be a Revolving Credit Daily Simple SOFR Loan, a Term SOFR Loan or a Swingline Base Rate Loan, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of 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 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ryman Hospitality Properties, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior notice (1) written notice substantially in the form attached hereto of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m.1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 1:00 p.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 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 (Kforce Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan (provided that the Borrower may request, no later than two (2) Business Days prior to the Closing Date, that the Lenders make Revolving Credit Loans that are LIBOR Rate Loans on the Closing Date if 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), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) other than with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) Loans, in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, thereof and (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of nine or twelve months (or any period less than one month) in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. three (3) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Boot Barn Holdings, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing"”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a Borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) 11:00 a.m. on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and Loan, (ii) 11:00 a.m. on the same Business Day as each Swingline Loan and (iii) 11:00 a.m. at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)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, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Patrick Industries Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Administrative Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR SOFR Rate LoanLoan (provided that the Administrative Borrower may request, no later than two (2) Business Days prior to the Closing Date, that the Lenders make Revolving Credit Loans that are SOFR Rate Loans on the Closing Date if the Administrative Borrower, on behalf of the Borrowers, has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x1) other than with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) Loans, in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z2) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR SOFR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR SOFR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Administrative Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Administrative Borrower requests a Borrowing of SOFR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. All requests for Loans may be delivered through Agent’s electronic platform or portal. All such Loan requests which are not made on-line via Agent’s electronic platform or portal shall be subject to (and unless Agent elects otherwise in the exercise of its sole discretion, ​ ​ such Loans shall not be made until the completion of) Agent’s authentication process (with results reasonably satisfactory to Agent) prior to the funding of any such Loan.

Appears in 1 contract

Samples: Credit Agreement (Boot Barn Holdings, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate Loans, Loan and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that Swingline Loans made pursuant to the SweepPlus Program shall be made pursuant to the terms and conditions thereof and shall be in a minimum amount of $1,000 or any increment thereof. Any Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower The Parent shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m.11:00 a. m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, Loan of its intention to borrow, specifying (A) the Borrower or Borrowers to whom the proceeds of such Borrowing shall be delivered; provided that, if the Parent fails to so specify, the proceeds of such Borrowing shall be delivered to the Parent, (B) the date of such borrowing, which shall be a Business Day, (BC) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(aLoans) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (Cy) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000 or a whole multiple of $500,000 in excess thereof, and (z) with respect to Swingline Loans in an aggregate principal amount of $100,000 or a whole multiple of $100,000 in excess thereof, (D) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (DE) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (EF) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrowers wish to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrowers fail to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrowers request a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Afc Enterprises Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice (it being understood and agreed that such notice may state that the Borrowing is conditioned upon the effectiveness of other credit facilities, acquisitions, dispositions or other transactions, in which case, such notice may be revoked or modified by Borrower (by notice to Administrative Agent on or prior to the specified borrowing date) if such condition is not satisfied) substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m.12:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) Loan, and (ii) at least three (3) RFR Business Days before each LIBOR Rate RateTerm SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate RateTerm SOFR Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate RateTerm SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate RateTerm SOFR Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 12:00 p.m. four Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR RateTerm SOFR Loans 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 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day or RFR Business Day, as applicable. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SYNAPTICS Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable irrevocable (a) prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m.12:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate LoanLoan (or, in the case of any LIBOR Rate Loans to be borrowed on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Lenders), of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Disbursement of Revolving Credit and Swingline Loans. Not later than 2:00 p.m. on the(b) proposed borrowing date, (i) each Revolving Credit Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, such Revolving Credit Lender’s Revolving Credit Commitment Percentage of the Revolving Credit Loans to be made on such borrowing date and (ii) the Swingline Lender will make available to the Administrative Agent, for the account of the Borrower, at the office of the Administrative Agent in funds immediately available to the Administrative Agent, the Swingline Loans to be made on such borrowing date. The Borrower hereby irrevocably authorizes the Administrative Agent to disburse the proceeds of each borrowing requested pursuant to this Section in immediately available funds by crediting or wiring such proceeds to the deposit account of the Borrower identified in the most recent notice substantially in the form attached as Exhibit C (a “Notice of Account Designation”) delivered by the Borrower to the Administrative Agent or as may be otherwise agreed upon by the Borrower and the Administrative Agent from time to time. Subject to Section 5.7 hereof, the Administrative Agent shall not be obligated to disburse the portion of the proceeds of any Revolving Credit Loan requested pursuant to this Section to the extent that any Revolving Credit Lender has not made available to the Administrative Agent its Revolving Credit Commitment Percentage of such Loan. Revolving Credit Loans to be made for the purpose of refunding Swingline Loans shall be made by the Revolving Credit Lenders as provided in Section 2.2(b).

Appears in 1 contract

Samples: Credit Agreement (Realpage Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit of EXHIBIT B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Floating Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three two (32) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Floating Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)4834-0494-1091v13 27 Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (Cc) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, (E) whether the Loans are to be LIBOR Rate Loans or Base Floating Rate Loans, and (EF) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Floating Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Fastenal Co)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 9:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereofthereof (or, in each case, the remaining amount of the Revolving Credit Commitment), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 9:00 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. Confidential Portions of this Exhibit marked as [***] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission.

Appears in 1 contract

Samples: Credit Agreement (STAMPS.COM Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 p.m. (3:00 p.m. in the case of a Swingline Loan) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto, (F) in the case of a Swingline Loan, the Swingline Maturity Date and (G) during the Availability Period, the Availability then in effect (without giving effect to the proposed borrowing). Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 12:00 p.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Marlin Midstream Partners, LP)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give (i) the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B or such other form as may be reasonably approved by the Administrative Agent or the Swingline Lender, as applicable (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent or the Swingline Lender, as applicable), appropriately completed and signed by a Responsible Officer of the Borrower (a "Notice of Borrowing") ”), not later than 11:00 a.m. 12:00 noon (iA) on the same one Business Day as before each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (iiB) at least three (3) Business Days (or, solely in the case of any Loans made on the Closing Date, at least one (1) Business Day) before each LIBOR Rate SOFR Loan, and (ii) the Swingline Lender (with a copy to the Administrative Agent) a Notice of Borrowing (which shall be irrevocable), not later than 12:00 noon 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 amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans) in an aggregate principal amount of $2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to SOFR Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount whole multiples of $500,000 or a whole multiple of $100,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or a Swingline LoanLoans, (D) in the case of a Revolving Credit Loan Loans whether the Loans are to be LIBOR Rate SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanSOFR Loans, the duration of the LIBOR Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than one (1) Business Day prior to the date of such Revolving Credit Loans); provided that, notwithstanding the foregoing, the Borrower may provide such notice of a Swingline Loan to the Swingline Lender by telephone; provided that any telephonic notice must be confirmed promptly thereafter by delivery to the Swingline Lender (with a copy to the Administrative Agent) of a Notice of Borrowing. Any A Notice of Borrowing received after 11:00 a.m. 12:00 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 1 contract

Samples: Credit Agreement (CoreCivic, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying 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 Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x1) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof (or, if such borrowing is denominated in an Alternative Currency, 5,000,000 units of such currency and whole multiples of 1,000,000 units in excess thereof), (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 5,000,000, or a whole multiple of $1,000,000 1,000,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, 5,000,000 units of such currency and whole multiples of 1,000,000 units in excess thereof) or (z3) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. If the Borrower fails to specify a currency in a Notice of Borrowing, (C) whether such then the Loan is to so requested shall be a Revolving Credit Loan or a Swingline Loan, (D) made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable theretoDollars. Any A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Power Equipment Group Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice of a borrowing of Loans substantially in the form attached hereto as Exhibit B (of a "Loan Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and Loan, (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate Daily Simple SOFR Loan and (iii) at least three (3) U.S. Government Securities Business Days before each Term SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereofthereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are such Revolving Loan is to be LIBOR Rate Loans a Daily Simple SOFR Loan, a Term SOFR Loan or a Base Rate LoansLoan, and (E) in the case of a LIBOR Rate Term SOFR Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a Type of Loan in a Loan Notice, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of a Term SOFR Loan in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Loan Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of BorrowingLoan Notice.

Appears in 1 contract

Samples: Credit Agreement (United States Lime & Minerals Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing"”) or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent) not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) 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 amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Eurodollar Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Eurodollar Rate Loans or Base Rate Loans, and (ED) in the case of a LIBOR Eurodollar Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrower wishes to request Eurodollar Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of Eurodollar Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing. Notwithstanding the foregoing, no such Notice of Borrowing shall be required in connection with a borrowing of a Swingline Loan when the Autoborrow Agreement is in effect.

Appears in 1 contract

Samples: Credit Agreement (Copart Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof thereof, and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SolarWinds, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") ), not later than 11:00 a.m.a.m. (Charlotte time) (i) on the same at least one (1) Business Day before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as each Base Rate Loan and Swingline Loan requested under this Section 2.3(aLoans, (ii) at least two (2) Business Days before the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as CD Rate Loans, and (iiiii) at least three (3) Business Days before each the Revolving Credit Loans are to be advanced in the event that the Revolving Credit Loans will initially be made as LIBOR Rate LoanLoans, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, and (y) with respect to LIBOR Fixed Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is the Revolving Credit Loans are initially to be a Revolving Credit Loan Base Rate Loans, CD Rate Loans or a Swingline LoanLIBOR Rate Loans, and (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR CD Rate Loans or Base LIBOR Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR initial Interest Period applicable thereto. Any Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of its receipt of each Notice of Borrowing. The Borrower acknowledges and agrees that no Revolving Credit Loans shall be permitted to bear interest based on the CD Rate or the LIBOR Rate until three (3) Business Days after the Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereofthe Swingline Side Letter, the Borrower Borrowers shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. a.m. (Eastern time) (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans (other than Swingline Loans deemed requested pursuant to this Section 2.3(athe Swingline Side Letter) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any A Notice of Borrowing received after 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 1 contract

Samples: Credit Agreement (Belk Inc)

AutoNDA by SimpleDocs

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 9:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before (or, solely in the case of a borrowing on the Closing Date no later than 10:00 a.m. two (2) Business Days before) each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereofthereof (or, in each case, the remaining amount of the Revolving Credit Commitment or the Swingline Commitment, as applicable), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 9:00 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

Samples: Credit Agreement (STAMPS.COM Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 250,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 500,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Zoe's Kitchen, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m.1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 2,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 1:00 p.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. shall be deemed d eemed 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 (Fidelity National Financial, Inc.)

Requests for Borrowing. With A request for a borrowing shall be made, ---------------------- or shall be deemed to be made, in the exception of Swingline Loans deemed requested pursuant to Section 2.2(bfollowing manner: (i) hereof, the Borrower shall give Lender notice of each request for a Revolving Credit Loan, therein specifying the Administrative Agent irrevocable amount of the proposed borrowing and the proposed borrowing date, as provided herein. With respect to all Revolving Credit Loans, Borrower shall give notice to Lender (which must be received by prior written notice to 11 a.m., Dallas, Texas time) (i) two (2) Business Days prior to the requested Funding Date, in the form attached hereto as Exhibit B case of LIBOR Rate Loans and (a "Notice of Borrowing"ii) not no later than 11:00 a.m., Dallas, Texas time on the requested Funding Date, in the case of Base Rate Loans), specifying: (iA) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and amount of the Borrowing (ii) at least three (3) Business Days before each which, if a LIBOR Rate Loan, shall be in an amount that is not less than $1,000,000 or an integral multiple of its intention to borrow, specifying $100,000 in excess thereof); (AB) the date of such borrowingrequested Funding Date, which shall be a Business Day, ; (BC) whether the Revolving Credit Loans requested are to be Base Rate Revolving Credit Loans or LIBOR Revolving Credit Loans; and (D) the duration of the Interest Period if the requested Revolving Credit Loans are to be LIBOR Revolving Credit Loans. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of LIBOR Rate Loans, such Interest Period shall be one month. (ii) Whenever a check is presented to Lender for payment against the Controlled Disbursement Account in an amount greater than the then available balance in such account, such presentation shall be deemed to be a request for a borrowing on the date of such borrowing, which shall be notice in an amount equal to the amount excess of the Aggregate Commitment then such check over such available balance; (iii) If any Secured Obligation becomes due and payable at any time prior to the Borrowertime otherwise provided by Section 2.3, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested as ----------- required by Lender pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof11.2, (y) with respect then Borrower shall be ------------ deemed to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect have, requested Lender to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be make a Revolving Credit Loan or a Swingline in the amount of such Secured Obligation, and Lender in its sole discretion may make such Revolving Credit Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any Notice of Borrowing received after 11:00 a.m. which event such Secured Obligation shall be deemed received on paid and the next Business Dayamount thereof shall be included as a part of the Revolving Credit Loans (provided, -------- however, that Lender shall have no obligation to make any such ------- Revolving Credit Loan). (iv) pursuant to Section 2.5(e)(ii). The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.------------------

Appears in 1 contract

Samples: Loan and Security Agreement (Acr Group Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior notice (1) written notice substantially in the form attached hereto of Exhibit B or (2) delivered electronically via e-mail from the official corporate email address of Borrower which includes an approval from the Chief Financial Officer, Senior Vice President - Finance & Accounting, Controller, Treasurer, Assistant Treasurer, Director of Treasury or Senior Manager - Treasury Operations of Borrower and containing substantially the same information as specified on Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m.1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) U.S. Government Securities Business Days before each LIBOR Rate SOFR Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 100,000 in excess thereof, (y) with respect to LIBOR Rate SOFR Loans in an aggregate principal amount of $5,000,000 1,000,000 or a whole multiple of $1,000,000 250,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate SOFR Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate SOFR Loan, the duration of the LIBOR Interest Period applicable thereto. Any If Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If Borrower requests a Borrowing of SOFR Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. 1:00 p.m. shall be deemed received on the next Business Day or U.S. Government Securities Business Day, as applicable. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") ”), which may be given by telephone and promptly confirmed by fax or email, not later than 11:00 a.m.1:00 p.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four 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 Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x1) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y2) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000, €5,000,000, CHF5,000,000, £5,000,000 or CAD$5,000,000 or a whole multiple of $1,000,000, €1,000,000, CHF1,000,000, £1,000,000 or CAD$1,000,000 in excess thereof and or (z3) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is . If the Borrower fails to be specify a Revolving Credit Loan or currency in the Notice of Borrowing requesting a Swingline Loan, (D) then the Loan so requested shall be made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable theretoDollars. Any A Notice of Borrowing received after 11:00 a.m. 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. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. 12:00 noon (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 2,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount whole multiples of $500,000 or a whole multiple of $100,000 in excess thereof100,000, (C) whether such Loan is Loans are to be a Revolving Credit Loan Loans or a Swingline LoanLoans, (D) in the case of a Revolving Credit Loan Loans whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate LoanLoans, the duration of the LIBOR Interest Period applicable theretothereto (provided that any Revolving Credit Loans made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower has delivered to the Administrative Agent a funding indemnity letter in form and substance reasonably satisfactory to the Administrative Agent not less than three (3) Business Days prior to the date of such Revolving Credit Loans). Any A Notice of Borrowing received after 11:00 a.m. 12:00 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 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Credit Borrowing") (i) not later than 12:00 noon (Charlotte time) on the Business Day on which each Swingline Loan is to be made, (ii) not later than 11:00 a.m. a.m. (iCharlotte time) on the same at least one (1) Business Day as before each Revolving Credit Loan which is initially to be a Base Rate Loan and Swingline Loan requested under this Section 2.3(a) is to be made and (iiiii) 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 amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal principle amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan Loan, whether the Loans are initially to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR initial Interest Period applicable thereto. Any Notice of Borrowing Notices received after 12:00 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

Samples: Credit Agreement (Richfood Holdings Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any Notice of Borrowing received after 11:00 a.m. (Charlotte time) 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 (Performance Food Group Co)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the Borrower shall give the Administrative Agent irrevocable prior written notice in the form attached hereto as Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any Notice of Borrowing received after 11:00 a.m. (Charlotte 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 (Performance Food Group Co)

Requests for Borrowing. With The Borrower Agent, on behalf of itself or the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereofCayman Borrower, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (F and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Inc.)

Requests for Borrowing. With The Borrower Agent, on behalf of itself or the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereofCayman Borrower, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereof, (C) whether such Loan is to be a Revolving 54537432_8 Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, (E) whether such Loan will be made to the Parent Borrower or the Cayman Borrower and (EF) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any If the Borrower Agent fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower Agent requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Ubiquiti Networks, Inc.)

Requests for Borrowing. With The Company, on behalf of the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereofBorrowers, the Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as Exhibit B B-1 (a "Notice of Revolving Credit/Swingline Borrowing") not later than 11:00 a.m. a.m. (Charlotte time) (i) on the same Business Day as each Base Rate Loan and Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Revolving Credit Commitment then available to the BorrowerBorrowers, or if less, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 500,000 or a whole multiple of $1,000,000 50,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 100,000 or a whole multiple of $100,000 50,000 in excess thereof (provided that Swingline Loans being made pursuant to the SweepPlus Program may be in a minimum amount of $1,000 or any increment thereof), (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan, whether such Loan whether the Loans are is to be a LIBOR Rate Loans Loan or a Base Rate Loans, Loan and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto. Any Notice of Borrowing Notices received after 11:00 a.m. (Charlotte time) shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Lenders of each Notice of Revolving Credit/Swingline Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and (ii) at least three (3) Business Days before each LIBOR Rate Loan, of its intention to borrow, specifying (A) the date of such borrowing, which shall be a Business Day, (B) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)Loans) in an aggregate principal amount of $3,000,000 1,000,000 or a whole multiple of $1,000,000 500,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 3,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(a) in an aggregate principal amount of $500,000 or a whole multiple of $100,000 in excess thereofthere shall be no minimum amount, (C) whether such Loan is to be a Revolving Credit Loan or a Swingline Loan, (D) in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable thereto; provided that if the Borrower wishes to request LIBOR Rate Loans having an Interest Period of twelve months in duration, such notice must be received by the Administrative Agent not later than 11:00 a.m. four (4) Business Days prior to the requested date of such borrowing, whereupon the Administrative Agent shall give prompt notice to the Revolving Credit Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Any If the Borrower fails to specify a type of Loan in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans. If the Borrower requests a Borrowing of LIBOR Rate Loans in any such Notice of Borrowing, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Us Ecology, Inc.)

Requests for Borrowing. With the exception of Swingline Loans deemed requested pursuant to Section 2.2(b) hereof, the The Borrower shall give the Administrative Agent irrevocable prior written notice substantially in the form attached hereto as of Exhibit B (a "Notice of Borrowing") not later than 11:00 a.m. (i) on the same Business Day as each Base Rate Loan and each Swingline Loan requested under this Section 2.3(a) and Loan, (ii) at least three (3) Business Days before each LIBOR Rate Loan denominated in Dollars and (iii) at least four (4) Business Days before each Alternative Currency Revolving Credit Loan, of its intention to borrow, specifying 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 Alternative Currency in which such Loan is to be funded; (D) if such Loan is a Revolving Credit Loan denominated in Dollars, whether such Revolving Credit Loan shall be a LIBOR Rate Loan or a Base Rate Loan; (E) if such Loan is a LIBOR Rate Loan, the duration of the Interest Period applicable thereto; and (F) the amount of such borrowing, which shall be in an amount equal to the amount of the Aggregate Commitment then available to the Borrower, or if lessbe, (x1) with respect to Base Rate Loans (other than the Swingline Loans requested pursuant to this Section 2.3(a)) in an aggregate principal amount of $3,000,000 or a whole multiple of $1,000,000 in excess thereof, (y) with respect to LIBOR Rate Loans in an aggregate principal amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof and (z) with respect to the Swingline Loans requested pursuant to this Section 2.3(aLoans) in an aggregate principal amount of $500,000 or a whole multiple of $50,000 in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $500,000 or a whole multiple of $50,000 in excess thereof), (2) with respect to LIBOR Rate Loans in an aggregate principal amount of $1,000,000, or a whole multiple of $100,000, in excess thereof (or, if such borrowing is denominated in an Alternative Currency, in an aggregate principal amount equal to the Equivalent Amount of $1,000,000 or a whole multiple of $100,000 in excess thereof, ) or (C3) whether such Loan is with respect to be a Revolving Credit Loan Swingline Loans in an aggregate principal amount of $100,000 or a Swingline Loanwhole multiple of $50,000 in excess thereof. If the Borrower fails to specify a currency in a Notice of Borrowing, (D) then the Loan so requested shall be made in the case of a Revolving Credit Loan whether the Loans are to be LIBOR Rate Loans or Base Rate Loans, and (E) in the case of a LIBOR Rate Loan, the duration of the LIBOR Interest Period applicable theretoDollars. Any A Notice of Borrowing received after 11:00 a.m. shall be deemed received on the next Business Day. The Administrative Agent shall promptly notify the Revolving Credit Lenders of each Notice of Borrowing.

Appears in 1 contract

Samples: Credit Agreement (KMG Chemicals Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!