Common use of Requests for Borrowings Clause in Contracts

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Magnum Hunter Resources Corp), Credit Agreement (Magnum Hunter Resources Corp)

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Requests for Borrowings. To request a Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar or CDOR Rate Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR or Canadian Prime Rate Borrowing, not later than 11:00 a.m., New York, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the name of the applicable Borrower; (ii) whether such Borrowing is to be a Revolving Borrowing or a Borrowing of another Class; (iii) the currency in which such Borrowing is to be denominated (which shall be a currency in which the requesting Borrower is entitled to make Borrowings under this Agreement); (iv) the aggregate amount (expressed in the currency in which such Borrowing is to be denominated) of the requested Borrowing; (iiv) the date of such Borrowing, which shall be a Business Day; (iiivi) whether such Borrowing is to be an ABR Borrowing ABR, Canadian Prime Rate, Eurodollar or a Eurodollar CDOR Rate Borrowing; (ivvii) in the case of a Eurodollar or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viviii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Loan denominated in US Dollars, an ABR Borrowing and (ii) in the case of a Loan denominated in Canadian Dollars, a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Bath & Body Works, Inc.), Amendment and Restatement Agreement (L Brands, Inc.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided provided, that no any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans, Other Revolving Loans, Term B Loans or Other Term Loans; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Verso Sartell LLC), Credit Agreement (Verso Paper Holdings LLC)

Requests for Borrowings. To request a Revolving Facility Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided provided, that no any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) [Reserved]; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"INTEREST PERIOD"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Nelnet Inc), Credit Agreement (Nelnet Inc)

Requests for Borrowings. To request a Revolving Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Secure Computing Corp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon, New York, New York time, 11:00 a.m. three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing or Daily Simple SOFR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(eSection 2.09(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic communication to the Administrative Agent of a written Borrowing RequestRequest in substantially the form of Exhibit B and signed by the Borrower (or other communication in writing acceptable to the Administrative Agent). Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing, a Daily Simple SOFR Borrowing or a Eurodollar Term SOFR Borrowing; (iv) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. Without in any way limiting the obligation of the Borrower to confirm in writing any telephonic notice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from an Authorized Officer of the Borrower entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case, the Administrative Agent’s record of the terms of such telephonic notice shall be conclusive absent manifest error. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Daily Simple SOFR Borrowing. If no election is specified as to whether a SOFR Borrowing is to be a Term SOFR Loan or Daily Simple SOFR Loan, then the requested Borrowing shall be a Daily Simple SOFR Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingTerm SOFR Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Loan to be made as part of the requested Borrowing. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Revolving Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03, ) on the Administrative Agent shall advise each Lender of the details thereof and of the amount date of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Diversified Energy Co PLC), Revolving Credit Agreement (Diversified Energy Co PLC)

Requests for Borrowings. To request a Revolving Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (PQ Systems INC), Credit Agreement (Goodman Holding CO)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Loan Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether the requested Borrowing is to be a Revolving Facility Borrowing; (ii) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars); (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or facsimile) in a form approved by written Borrowing Request in substantially the form of Exhibit B Administrative Agent and signed by the Borrower (a “written Borrowing Request”): (a) or by telephone in the case of both a Eurodollar Borrowing and an ABR Borrowing, not later than 12:00 noon, New York, New York time, three four Business Days before the date of the proposed Borrowing or (b) Borrowing; provided that, in the case of an ABR Borrowingany Borrowing on the Effective Date, the Borrower shall notify the Administrative Agent not later than 11:00 a.m.noon, New York, New York time, on the one Business Day of before the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)Effective Date. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (YRC Worldwide Inc.), Credit Agreement (YRC Worldwide Inc.)

Requests for Borrowings. To request a Revolving Facility Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York, New York time, on the Local Time one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing;; Table of Contents (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Hughes Communications, Inc.), Credit Agreement (Hughes Network Systems, LLC)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time10:00 a.m. Local Time, on the Business Day of the proposed Borrowing; provided that no provided, that, (i) to request a Borrowing on the Closing Date or the Effective Date, the Borrower shall notify the Administrative Agent of such request by telephone not later than 5:00 p.m., Local Time, one Business Day prior to the Closing Date or the Effective Date, respectively and (ii) any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Initial Term B Loans, Incremental Term B Loans, Revolving Facility Loans, Refinancing Term Loans, Other Term Loans, Other Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that duration (except in the amount case of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser initial Interest Period of the Aggregate Maximum Credit Amounts and Incremental Term B Loans, which shall be determined in accordance with the then effective Borrowing Basedefinition of Interest Period). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Incremental Assumption Agreement (PlayAGS, Inc.), Incremental Assumption Agreement (AP Gaming Holdco, Inc.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New YorkLocal Time, New York time, (x) three Business Days before the date of the any proposed Borrowing denominated in Dollars and (y) four Business Days before the date of any proposed Borrowing denominated in an Alternative Currency or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans, Incremental Term Loans or Other Revolving Loans; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, which then the requested Borrowing shall comply with the requirements of ‎Section 2.05be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be (y) an ABR BorrowingBorrowing in the case of Loans denominated in Dollars, and (z) a Eurocurrency Borrowing with an Interest Period of one month’s duration in the case of Revolving Facility Loans denominated in an Alternative Currency. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Aeroways, LLC), Credit Agreement (Cke Restaurants Inc)

Requests for Borrowings. To request a Revolving Facility Borrowing, the applicable Borrower shall notify the Administrative Agent of such request in writing by telephone or by written delivery of a Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): which may be delivered through Administrative Agent’s electronic platform or portal) (a) in the case of a Eurodollar Rate Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 11:00 a.m., New York, New York timeLocal Time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR a Base Rate Borrowing to finance the reimbursement in respect of an LC Disbursement a Letter of Credit as provided contemplated by Section 2.05(c) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. All Borrowing Requests which are not made on-line via Administrative Agent’s electronic platform or portal shall be subject to (and unless Administrative Agent elects otherwise in ‎Section 2.08(e)the exercise of its sole discretion, such Borrowings shall not be made until the completion of) a customary authentication process by the Administrative Agent (with results reasonably satisfactory to Administrative Agent) prior to the funding of any such requested Revolving Facility Loan. Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount name of the requested Borrowingapplicable Borrower; (ii) the aggregate amount of (A) the requested Borrowing and (B) the Revolving Facility Credit Exposure (after giving effect to the requested Borrowing); (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Rate Borrowing; (ivv) in the case of a Eurodollar Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as such Borrower fails to the specify a Type of Revolving Facility Loan in a Borrowing is specifiedRequest or if such Borrower fails to give a timely notice requesting a conversion or continuation, then the requested Borrowing Revolving Facility Loans shall be an ABR Borrowingmade as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Constellium SE), Credit Agreement (Constellium N.V.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing in an Approved Currency, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR BorrowingBorrowing denominated in Dollars, not later than 11:00 a.m.12:00 p.m., New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy fax or other electronic transmission to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans or Term Loans and, if applicable, the relevant Class thereof; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of Revolving Facility Loans, the relevant Approved Currency in which such Revolving Facility Loans are to be denominated; (vi) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type or Approved Currency of a Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR BorrowingBorrowing in Dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected a Eurocurrency Borrowing with an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Edwards Group LTD), Credit Agreement (Edwards Group LTD)

Requests for Borrowings. To request a BorrowingRevolving Borrowing or Term Borrowing (other than a Borrowing of Term Loans or Revolving Loans comprising the Escrow Funding, if applicable, which shall instead be subject to Section 2.24(a) and other than any ABR Revolving Borrowing that is deemed to be requested by the Borrower pursuant to Section 2.05(f), for which no separate Borrowing Request shall be required), the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the Business Day day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be be, in the case of Revolving Borrowings only, irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery, facsimile or other electronic delivery or telecopy to the Administrative Agent of a an executed written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be an Initial Term Borrowing, an Incremental Term Borrowing of a particular Series or a Revolving Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disburseddisbursed or, which shall comply with in the requirements case of ‎Section 2.05any Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f) (other than a deemed ABR Revolving Borrowing pursuant to Section 2.05(f)), the identity of the Issuing Bank that made such LC Disbursement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Costar Group Inc), Credit Agreement (Costar Group Inc)

Requests for Borrowings. To request a Borrowing, the applicable Borrower (or the Company on its behalf) shall notify deliver to the Administrative Agent of such request by telephone or by written a Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Term Benchmark Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an a ABR Borrowing, not later than 11:00 10:00 a.m., New York, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall may be confirmed promptly provided by hand delivery or telecopy email with PDF attachment to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i1) the aggregate amount and currency of the requested Borrowing; (ii2) the date of such Borrowing, which shall be a Business Day; (iii3) in the case of Borrowings denominated in Dollars, whether such Borrowing is to be an a ABR Borrowing or a Eurodollar SOFR Borrowing; (iv4) in the case of a Eurodollar Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi5) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.04. If no election as to the Type of Borrowing is specifiedspecified for a Borrowing denominated in Dollars, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (GE Vernova Inc.), Credit Agreement (General Electric Co)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand, facsimile or email) in a form approved by written Borrowing Request in substantially the form of Exhibit B Administrative Agent and signed by the Borrower (a “written Borrowing Request”): or by telephone not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New York, New York Chicago time, three two Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a CBFR Borrowing, not later than 11:00 a.m.noon, New York, New York Chicago time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR a CBFR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a CBFR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Potbelly Corp), Credit Agreement (Potbelly Corp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York, New York timeLocal Time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent, appropriately completed and signed by a Responsible Officer of the Borrower, 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). Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Ingredion Inc), Term Loan Credit Agreement (Ingredion Inc)

Requests for Borrowings. To request a Borrowing, the Parent Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower not less than (a “written Borrowing Request”): (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York timewith respect to Term SOFR Borrowings, three (3) Business Days before the date of the proposed Borrowing and (ii) with respect to Daily Simple SOFR Borrowings or ABR Borrowings, one (b1) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in the form of Exhibit E attached hereto and hereby made a part hereof and signed by the Parent Borrower on behalf of the Borrowers. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (ia) the aggregate amount of the requested Borrowing; (iib) the intended use of the requested Borrowing, accompanied by such financial and other information as may be reasonably requested by Administrative Agent with respect to the Real Property and investment relating to such requested Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (iiid) whether such Borrowing is to be an ABR Borrowing, Daily Simple SOFR Borrowing or a Eurodollar Term SOFR Borrowing; (ive) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vif) the location and number of the a Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. Section 2.04. (g) If no election as to the Type of Borrowing is specifiedspecified in the Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no election is specified as to whether a SOFR Borrowing is to be a Term SOFR Loan or Daily Simple SOFR Loan, then the requested Borrowing shall be a Daily Simple SOFR Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingTerm SOFR Loan, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Xxxxxx's Loan to be made as part of the requested Borrowing. The determination as to whether to fund a requested Borrowing shall be at the sole discretion of the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Vinebrook Homes Trust, Inc.), Credit Agreement (Vinebrook Homes Trust, Inc.)

Requests for Borrowings. To request an ABR Borrowing, the Borrower shall request through the Administrative Agent’s Commercial Electronic Office Portal or through such other electronic portal provided by the Administrative Agent (the “Portal”), which must be received by the Administrative Agent not later than 2:00 p.m. on the requested date of any ABR Borrowing. The Borrower hereby acknowledges and agrees that any request made through the Portal shall be deemed made by a Responsible Officer of the Borrower. All Borrowing requests which are not made on-line via the Portal shall be subject to (and unless the Administrative Agent elects otherwise in the exercise of its sole discretion, such Borrowings shall not be made until the completion of) the Administrative Agent’s authentication process (with results satisfactory to the Administrative Agent) prior to the funding of any such requested Borrowing. To request a Eurocurrency Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) or, in the case of an ABR Borrowingany Eurocurrency Borrowing to be made on the Effective Date, not later than 11:00 a.m., New YorkLocal Time, New York time, on the one Business Day of before the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(eEffective Date). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly delivered by hand delivery delivery, facsimile or telecopy other electronic transmission to the Administrative Agent and shall be signed by the Borrower. Each Borrowing Request in respect of a written Eurocurrency Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (i) the Class and Type of Loans to be borrowed or to which existing Loans are to be converted and the currency thereof; (ii) the aggregate amount of the requested such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.04. If no election as to the Type of Borrowing of Revolving Loans is specified, then the a Borrowing of Revolving Loans requested Borrowing in Dollars shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing of Revolving Loans, then the Borrower shall be deemed to have selected an Interest Period of one calendar month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Abl Credit Agreement (Chewy, Inc.), Abl Credit Agreement (Chewy, Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall notify provide written notice to the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one (1) Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery telecopy or telecopy email to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (ia) whether the requested Borrowing is to be a Revolving Borrowing, or a Term Borrowing (and, as applicable, the Class of such Borrowing); (b) the identity of the Borrower and the aggregate amount and currency of such Borrowing, subject to the requested Borrowinglimitations set forth herein; (iic) the date of such Borrowing, which shall be a Business Day; (iiid) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing, if applicable; (ive) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vif) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of a Borrowing by the Parent Borrower in Dollars is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Incremental Assumption Agreement and Refinancing Amendment to Credit Agreement (Coty Inc.), Credit Agreement (Coty Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower applicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Applicable Agent (and the Administrative Agent if it shall not be the Applicable Agent) of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR BorrowingBorrowing made by the Company or a US Borrowing Subsidiary, not later than 11:00 a.m., New York, New York time, Local Time on the date of the proposed Borrowing and (c) in the case of a Canadian Base Rate Borrowing or an ABR Borrowing made by a Canadian Borrowing Subsidiary, not later than 1:59 p.m., Local Time, one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Borrowing to finance replace a Eurocurrency Borrowing Request deemed ineffective pursuant to clause (i) of Section 2.13 may be given not later than 12:00 noon, Local Time, on the reimbursement date of an LC Disbursement the proposed Borrowing; and provided further that any such notice in respect of any Borrowing to be made on the Closing Date may be given at such later time or on such shorter notice as provided in ‎Section 2.08(e)the Applicable Agent may agree. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Applicable Agent (with a copy to the Administrative Agent if it shall not be the Applicable Agent) of a written Borrowing RequestRequest signed by the applicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the Borrower requesting such Borrowing (or on whose behalf the Company is requesting such Borrowing); (ii) whether the requested Borrowing is to be a Global Tranche Borrowing or a US/UK Tranche Borrowing; (iii) the currency and aggregate principal amount of the requested Borrowing; (iiiv) the date of such the requested Borrowing, which shall be a Business Day; (iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar the Type of the requested Borrowing; (ivvi) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vivii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no currency is specified with respect to any requested Eurocurrency Borrowing, which then (i) in the case of a Borrowing by the Company, a US Borrowing Subsidiary or a Canadian Borrowing Subsidiary, the applicable Borrower shall comply with be deemed to have selected US Dollars and (ii) in the requirements case of ‎Section 2.05a Borrowing by a UK Borrowing Subsidiary, the applicable Borrower shall be deemed to have selected Sterling. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Borrowing by the Company, a US Borrowing Subsidiary or Canadian Borrowing Subsidiary denominated in US Dollars, an ABR Borrowing, (ii) in the case of a Borrowing by a UK Borrowing Subsidiary denominated in US Dollars, a Eurocurrency Borrowing, (iii) in the case of a Borrowing by the Company or a US Borrowing Subsidiary denominated in Canadian Dollars, a Eurocurrency Borrowing, (iv) in the case of a Borrowing by a Canadian Borrowing Subsidiary denominated in Canadian Dollars, a Canadian Base Rate Borrowing and (v) in the case of a Borrowing denominated in Sterling or Euro, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Applicable Agent shall advise each Lender that will make a Loan as part of the requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made by such Lender as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time (or such later time agreed to by the Administrative Agent), New York time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile or other electronic transmission to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written (including by facsimile or other electronic transmission) Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) for purposes of the Borrowing to be made on the Closing Date, identify such Borrowing as Borrowing of Term Loans; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Senior Secured Term Loan Agreement (Verso Corp), Senior Secured Term Loan Agreement (Verso Corp)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the one Business Day before the date of the proposed Borrowing; provided PROVIDED that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be a Revolving Borrowing, Tranche A Term Borrowing or Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Marketing Services Inc), Credit Agreement (American Media Operations Inc)

Requests for Borrowings. To request a Revolving Borrowing or a Term Loan Borrowing, the US Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York, New York Chicago time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York Chicago time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.06(e) may be given not later than 12:00 noon, Chicago time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the US Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the US Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Revolving Borrowing or Term Loan Borrowing is specified, then the requested Revolving Borrowing or Term Loan Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the US Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Tesco Corp), Credit Agreement (Tesco Corp)

Requests for Borrowings. To request a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New York, New York time, on the Local Time. one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy fax to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the location and number of the Borrower’s account to which funds are to be disbursed; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;; and (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected a Eurocurrency Borrowing with an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Generac Holdings Inc.), Credit Agreement (Generac Holdings Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three two Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, e-mail or telecopy facsimile to the Administrative Agent of a written Borrowing RequestRequest signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information (to the extent applicable, in compliance with ‎Section Sections 2.01 and 2.02:): (i) the aggregate amount of whether the requested Borrowing is to be a Revolving Borrowing, a Tranche A Term Borrowing or a Borrowing of any Incremental Term Loan; (ii) the aggregate amount of such Borrowing; (iii) the requested date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Borrowing; (ivv) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.05(a), or, if the Borrowing is being requested to finance the reimbursement of an LC Disbursement in accordance with Section 2.04(e), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of such date Sections 4.02(a) and 4.02(b) are satisfied (subject to a Limited Condition Acquisition in accordance with Section 2.20). If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term B Loan Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether the requested Borrowing is to be a Revolving Facility Borrowing or a Borrowing of Term B Loans; (ii) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars); (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Amendment Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Alpha Natural Resources, Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Loan Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York12:00 noon, New York City time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be a Revolving Borrowing or a New Tranche B Term Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (Shoreline Real Estate Partnership, LLP)

Requests for Borrowings. To request a Borrowing, the Borrower Company shall notify the Administrative Agent of such request (a) by telephone or by irrevocable written notice (via a written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (aCompany) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York Chicago time, three two (2) Business Days before the date of the proposed Borrowing or (b) by irrevocable written notice (via a written Borrowing Request signed by the Company) or by telephone in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York, New York Chicago time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, email or by telecopy to the Administrative Agent of a written Borrowing RequestRequest signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate principal amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be of a Tranche 1 Loan or a Tranche 2 Loan and whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account or accounts to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower Company shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Fiserv Inc), Term Loan Credit Agreement (Fiserv Inc)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): writing (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New YorkDallas, New York Texas time, three Business Days before the date of the proposed Borrowing Borrowing, or (b) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New YorkDallas, New York Texas time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic shall be evidenced by a written Borrowing Request shall be confirmed promptly in a form approved by hand delivery or telecopy to the Administrative Agent of a written Borrowing Requestand signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested BorrowingBorrowing and whether the same is for Term Loan Facility A or Term Loan Facility B, or both; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (United Surgical Partners International Inc), Credit Agreement (United Surgical Partners International Inc)

Requests for Borrowings. To request a Borrowing, the Parent Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower not less than (a “written Borrowing Request”): (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York timewith respect to Term SOFR Borrowings, three (3) Business Days before the date of the proposed Borrowing and (ii) with respect to Daily Simple SOFR Borrowings or ABR Borrowings, one (b1) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in the form of Exhibit E attached hereto and hereby made a part hereof and signed by the Parent Borrower on behalf of the Borrowers. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (ia) the aggregate amount of the requested Borrowing; (iib) the intended use of the requested Borrowing, accompanied by such financial and other information as may be reasonably requested by Administrative Agent with respect to the Real Property and investment relating to such requested Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (iiid) whether such Borrowing is to be an ABR Borrowing, Daily Simple SOFR Borrowing or a Eurodollar Term SOFR Borrowing; (ive) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vif) the location and number of the a Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. Section 2.04. (g) If no election as to the Type of Borrowing is specifiedspecified in the Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no election is specified as to whether a SOFR Borrowing is to be a Term SOFR Loan or Daily Simple SOFR Loan, then the requested Borrowing shall be a Daily Simple SOFR Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingTerm SOFR Loan, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. The determination as to whether to fund a requested Borrowing shall be at the sole discretion of the Administrative Agent.

Appears in 1 contract

Samples: Increase Agreement, Joinder, and Second Amendment to Credit Agreement (Vinebrook Homes Trust, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): email (a) in the case of a Eurodollar SOFR ​ 38 ​ Borrowing, not later than 12:00 noon11:00 a.m., New YorkHouston, New York Texas time, three (3) U.S. Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR a Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.04(e) may be given not later than 2:00 p.m., Houston, Texas time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, telecopy or telecopy email to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02:: ​ (i) whether the requested Borrowing is to be an ABR Borrowing or a SOFR Borrowing; ​ (ii) whether the requested Borrowing consists of Tranche A Loans or Tranche B Loans; ​ (iii) the aggregate amount of the requested such Borrowing;; ​ (iiiv) the date of such Borrowing, which shall be a Business Day;; ​ (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) ; and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. ​ The Lenders are not obligated to fund, and the Borrower shall not elect to borrow, any Loan as a Tranche A Loan unless the Tranche B Commitments have been fully drawn by the Borrower. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no election as to the Class of Borrowing is specified, then at the election of the Administrative Agent, either (a) such Borrowing Request shall be deemed ineffective or (b) such requested Borrowing shall be a Tranche B Borrowing to the extent there is any unused Tranche B Commitments and a Tranche A Borrowing to the extent there is no unused Tranche B Commitments. If the Administrative Agent elects to deem as ineffective a Borrowing Request as to which the Class of Borrowing is not specified, then the Administrative Agent shall provide prompt notice (which may be by telephone or by electronic mail) to the Borrower of such election. If no Interest Period is specified with respect to any requested Eurodollar SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing (A) shall not cause the total Credit Exposures Total Revolving Exposure to exceed the total Commitments Commitments, (i.e.B) shall not cause the Tranche A Revolving Exposure to exceed the total Tranche A Commitments, and (C) shall not cause the lesser of Tranche B Revolving Exposure to exceed the Aggregate Maximum Credit Amounts and the then effective Borrowing Base)total Tranche B Commitments. Promptly ​ ​ following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderXxxxxx’s Loan to be made as part of the requested Borrowing.. ​

Appears in 1 contract

Samples: Amended and Restated Credit Agreement (Solaris Oilfield Infrastructure, Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing or CDOR Rate Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery telecopy or telecopy email to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, or a Term Borrowing (and, as applicable, the Class of such Borrowing); (ii) the identity of the Borrower and the aggregate amount and currency of the requested such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing or a Eurodollar CDOR Rate Borrowing; (ivv) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of a Borrowing by the Parent Borrower in dollars is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Darling Ingredients Inc.)

Requests for Borrowings. 2.3.1 To request a BorrowingBorrowing under a Credit Facility, the any Borrower shall notify the Administrative Agent Lender of such request by telephone or by written Borrowing Request substantially in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, A not later than 12:00 noon11:00 a.m., New York, New York Toronto time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable irrevocable. The Lender is entitled to rely upon and act upon any Borrowing Request given or purportedly given by any Borrower, and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy Borrower hereby waives the right to dispute the Administrative Agent authenticity and validity of a written any such transaction once the Lender has advanced funds, based on such Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (ia) the aggregate amount of the requested BorrowingBorrowing and the Credit Facility under which the Borrowing is requested; (iib) the date of such Borrowing, which shall be a Business Day; (iiic) whether such Borrowing is to be an ABR a U.S. Base Rate Borrowing, a LIBOR Borrowing, a Canadian Prime Borrowing or a Eurodollar B/A Borrowing; (ivd) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable theretoto such Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”; (ve) in the amount case of a B/A Borrowing, the initial Contract Period to be applicable to such Borrowing, which shall be a period contemplated by the definition of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)term “Contract Period”; and (vif) the location and number of the Borrower’s account to which funds are to be disbursed. 2.3.2 Each LIBOR Borrowing under a Credit Facility initially shall have the Interest Period specified in the applicable Borrowing Request. Thereafter, a Borrower must elect a new Interest Period therefor. A Borrower may elect different options with respect to different portions of the affected Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. To make an election pursuant to this Section 2.3.2, a Borrower shall notify the Lender of such election by a Borrowing Request required under Section 2.3.1 as if the Borrower were requesting a Borrowing to be made on the effective date of such election. Each such Borrowing Request shall be irrevocable. In addition to the information specified in Section 2.3.1, each Borrowing Request shall specify the Borrowing to which shall comply such request applies and, if different options are being elected with respect to different portions thereof, the requirements of ‎Section 2.05portions thereof to be allocated to each resulting Borrowing. If no election as is made pursuant to this Section 2.3.2 at the Type end of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect applicable to any requested Eurodollar BorrowingLIBOR Loan, then the applicable Borrower shall be deemed to have selected elected an Interest Period of one month’s duration. month for such LIBOR Loan for the immediately following Interest Period. 2.3.3 Each B/A Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures will be subject to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingSection 2.5.

Appears in 1 contract

Samples: Credit Agreement (Brookfield Business Partners L.P.)

Requests for Borrowings. To request a BorrowingBorrowing (other than a Swingline Loan), the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Blackstone Group L.P.)

Requests for Borrowings. (a) To request a Borrowing, the Borrower shall notify the Administrative Agent of such request (which may be by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower telephone) (a “written Borrowing Request”): (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York time, p.m. three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, 10:00 a.m. on the Business Day date of the proposed Borrowing; provided that no (A) any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided contemplated by Section 2.05(e) may be given not later than 11:00 a.m. on the date of the proposed Borrowing, (B) any such notice of a Borrowing to be made under an Incremental Facility Amendment or a Refinancing Amendment may be given no later than such later time as shall be specified therefor in ‎Section 2.08(e)the applicable Incremental Facility Amendment or Refinancing Amendment, (C) any such notice of a Borrowing to be made on the Closing Date may be given no later 12:00 p.m. two Business Days before the Closing Date and (D) any such notice of a Borrowing of Delayed Draw Term Loans must be given no later than 12:00 p.m. three Business Days prior to the proposed Delayed Draw Funding Date; provided, further, that if any Interest Period that requires the consent of all relevant affected Lenders pursuant to the definition of “Interest Period” is requested, notice shall be delivered not later than 12:00 p.m. four Business Days before the date of the proposed Borrowing, whereupon the Administrative Agent shall give prompt notice to the affected Lenders of such request and determine whether the requested Interest Period is acceptable to all of them, and not later than 12:00 p.m. three Business Days prior to the requested date of such Borrowing, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the affected Lenders. Each such telephonic and written Borrowing Request shall be, except as may otherwise be specified therefor in the applicable Incremental Facility Amendment or Refinancing Amendment, irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy a written Borrowing Request signed by the Borrower and delivered to the Administrative Agent of a written Borrowing Request. Agent. (b) Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate principal amount of the requested BorrowingBorrowing and the Class thereof; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06 or, in the case of any ABR Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(e), the identity of the Issuing Bank that made such LC Disbursement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingEurodollar Borrowing with an Interest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender under the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Jaws Acquisition Corp.)

Requests for Borrowings. To request a any Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, or Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iiiv) the date of such Borrowing, which shall be a Business Day; (iiiv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivvi) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vivii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s three months’ duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Celanese Corp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request (which shall be irrevocable) by (x) telephone or (y) a Borrowing Request; provided that any telephonic notice must be confirmed immediately by written delivery to the Administrative Agent of a Borrowing Request. Each such Borrowing Request in substantially the form of Exhibit B and signed must be received by the Borrower (a “written Borrowing Request”): Administrative Agent (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, Borrowing not later than 11:00 a.m.12:00 noon, New York, New York timeLocal Time, on the Business Day date of the proposed Borrowing; provided that no such notice provided, that, to request a Borrowing on the Closing Date, the Borrower shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to notify the Administrative Agent of a written Borrowing Requestsuch request by telephone not later than 5:00 p.m., Local Time, two Business Days prior to the Closing Date. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Non-Extended Revolving Facility Loans, 2020 Extended Revolving Facility Loans or Other Revolving Loans; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) subject to Section 2.02(c), whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Incremental Assumption Agreement (Norwegian Cruise Line Holdings Ltd.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (ba) in the case of an ABR Borrowing, not later than 11:00 a.m., New York12:00 p.m., New York City time, on the one Business Day prior to the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile or other electronic transmission to the Administrative Agent of a written Borrowing RequestRequest substantially in the form of Exhibit C signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (Tyson Foods, Inc.)

Requests for Borrowings. To request a Revolving Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (ai) in the case of a Eurodollar LIBOR Borrowing, not later than 12:00 noon11:00 a.m., New YorkCharlotte, New York North Carolina time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 11:00 a.m., New YorkCharlotte, New York North Carolina time, the date of the proposed Borrowing (or in the case of the initial Borrowing, on the Business Day of the proposed BorrowingRestatement Effective Date); provided that no any such notice shall be required for any deemed request of an ABR Tranche A Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Charlotte, North Carolina time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (ia) the aggregate amount of the requested Borrowing; (iib) the date of such Borrowing, which shall be a Business Day; (iiic) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Borrowing; (ivd) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vie) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07; and (f) if such Borrowing is a Tranche A Revolving Loan, Tranche B Revolving Loan or Tranche C Revolving Loan. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If the Class of Borrowing is not specified, then the Requested Borrowing shall be deemed to be Tranche A Revolving Loans. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each applicable Revolving Lender of the details thereof and of the amount of such Lender’s 's Revolving Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Radio One, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request in writing by telephone or by written delivery of an irrevocable Borrowing Request in substantially the form of Exhibit B and signed by a Responsible Officer of the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Rate Borrowing, not later than 12:00 noon, New York, New York time, three Business Days (or, in the case of a Eurocurrency Rate Borrowing to be made on the Closing Date, one Business Day, which may be conditional upon the occurrence of the closing of the Acquisition) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time12:00 noon, on the Business Day date of the proposed Borrowing; provided that no Borrowing (or, in each case, such notice later time as shall be required for any deemed request of an ABR Borrowing acceptable to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(eAdministrative Agent). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested BorrowingBorrowing and the Class thereof; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Rate Borrowing; (iv) in the case of a Eurodollar Eurocurrency Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disbursed, which shall comply with disbursed (the requirements of ‎Section 2.05“Funding Account”). If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Rate Borrowing with an Interest Period of one month; provided that if the Borrower shall not have notified the Administrative Agent in writing of the Type of such requested Borrowing, by 12:00 noon three Business Days before the date of the requested Borrowing, then such Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Second Lien Credit Agreement (PSAV, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, 1:00 p.m. New York time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, 1:00 p.m. New York time, on the one (1) Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile transmission or, to the extent provided in Section 12.01(d), electronic communication to the Administrative Agent of a written Borrowing RequestRequest in substantially the form of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period” and which shall not extend beyond the Termination Date; (v) the amount of the then effective Borrowing Base (or Aggregate Elected Commitment Amount, if such amount is less than the then effective Borrowing Base), the current total Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one monththirty day’s duration. Each Borrowing Request shall constitute a representation that no Borrowing Base Deficiency exists and that the amount of the requested Borrowing shall not cause the total Revolving Credit Exposures to exceed the total Commitments (i.e., the lesser least of the Aggregate Maximum Credit Amounts and Amounts, the then effective Borrowing BaseBase and the Aggregate Elected Commitment Amount). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Revolving Credit Lender of the details thereof and of the amount of such Revolving Credit Lender’s Revolving Credit Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SRC Energy Inc.)

Requests for Borrowings. (a) To request a BorrowingBorrowing (other than a Borrowing of Swingline Loans), the Borrower shall notify the Administrative Agent of such request by telephone or by delivery of an executed written Borrowing Request in substantially accordance with the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): notice provisions set forth in Section 9.01 (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days (or, in the case of the Term Loan Borrowing to be made on the Closing Date, such shorter period as may be agreed by the Administrative Agent) before the date of the proposed Borrowing (or such shorter period of time as may be agreed to by the Administrative Agent and the Lenders) or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York timeLocal Time, on the Business Day day of the proposed Borrowing; provided that no Borrowing (or such notice shall shorter period of time as may be required for any deemed request of an ABR Borrowing agreed to finance by the reimbursement of an LC Disbursement as provided in ‎Section 2.08(eAdministrative Agent and the Lenders). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic irrevocable, except that a Borrowing Request shall may be confirmed promptly conditioned on the occurrence of any subsequent event (including a Permitted Acquisition or other Investment), in which case, such notice may be revoked by hand delivery or telecopy the Borrower (by written notice to the Administrative Agent on or prior to the date of a written Borrowing Requestsuch funding) if such event does not occur. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be a Term Loan Borrowing, an Incremental Term Loan Borrowing of a particular Series or a Revolving Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); ,” and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Applicable Funding Account. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NICE Ltd.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days (or, with respect to the Borrowings on the Closing Date, such fewer number of Business Days as may be acceptable to the Administrative Agent) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York timeLocal Time, on the Business Day date of the proposed BorrowingBorrowing (which shall be a Business Day); provided provided, that no any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans, Initial Term B Loans, Delayed Draw Term B Loans or Incremental Term Loans (and, in the case of Incremental Term Loans, whether such Loans are to be Term B Loans or Other Term Loans); (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (NRT Settlement Services of Missouri LLC)

Requests for Borrowings. To request a Each Term Loan Borrowing, each conversion of Term Loans from one Type to the other, and each continuation of LIBO Rate Loans shall be made upon irrevocable notice by the Borrower shall notify to the Administrative Agent ( provided that notices in respect of Term Loan Borrowings to be made in connection with any acquisition, investment or irrevocable repayment or redemption of Indebtedness may be conditioned on the closing of such request by telephone Permitted Acquisition, permitted Investment or by written Borrowing Request permitted irrevocable repayment or redemption of Indebtedness). Each such notice must be in substantially the form of Exhibit B a written Borrowing Request, appropriately completed and signed by a Responsible Officer of the Borrower and must be received by the Administrative Agent (a by hand delivery, fax or other electronic transmission (including written Borrowing Request.pdf” or “.tif): )) not later than (ai) 1:00 p.m. three Business Days prior to the requested day of any Borrowing, conversion or continuation of LIBO Rate Loans (or one Business Day in the case of a Eurodollar Borrowingany Borrowing of LIBO Rate Loans to be made on the Closing Date) and (ii) 1:00 p.m. on the requested date of any Borrowing of ABR Loans (or, in each case, such later time as is reasonably acceptable to the Administrative Agent); provided, however, that if the Borrower wishes to request LIBO Rate Loans having an Interest Period of other than one, two, three or six months in duration as provided in the definition of “Interest Period,” (A) the applicable notice from the Borrower must be received by the Administrative Agent not later than 1:00 p.m. four Business Days prior to the requested date of the relevant Borrowing (or such later time as is reasonably acceptable to the Administrative Agent), conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is available to them and (B) not later than 12:00 noon, New York, New York time, noon three Business Days before the requested date of the proposed Borrowing or (b) in the case of an ABR relevant Borrowing, not later than 11:00 a.m.conversion or continuation, New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify notify the following information in compliance with ‎Section 2.02: (i) the aggregate amount of Borrower whether or not the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard is available to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05appropriate Lenders. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each The Administrative Agent shall advise each Lender of the details and amount of any Loan to be made as part of the relevant requested Borrowing (x) in the case of any ABR Borrowing, on the same Business Day of receipt of a Borrowing Request shall constitute a representation that in accordance with this Section or (y) in the amount case of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e.any LIBO Rate Borrowing, the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly no later than one Business Day following receipt of a Borrowing Request in accordance with this ‎Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingSection.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Blackstone Mortgage Trust, Inc.)

Requests for Borrowings. (a) To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon10:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the any proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York, New York timeLocal Time, on the Business Day of the proposed Borrowing; provided that no provided, that, to request a Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such notice shall be required for any deemed request of an ABR Borrowing by telephone not later than 2:00 p.m., Local Time, one Business Day prior to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)Closing Date. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans (and, if so, specifying the Class of Commitments under which such Borrowing is being made), Term B Loans, Other Term Loans, Refinancing Term Loans, Other Revolving Loans or Replacement Revolving Loans, as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vvi) in the amount case of the then effective Borrowing Basea Eurocurrency Revolving Facility Borrowing, the current total Credit Exposures currency in which such Borrowing is to be denominated (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowingwhich shall be Dollars or an Alternate Currency); and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, which then the requested Borrowing shall comply with the requirements of ‎Section 2.05be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Playtika Holding Corp.)

Requests for Borrowings. To request a Borrowing, the Borrower Representative shall notify the Administrative Agent of such request by telephone or by in a written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): Representative and delivered by electronic mail or facsimile (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New YorkDenver, New York Colorado time, three Business Days before the date of the proposed Borrowing Borrowing; or (b) in the case of an ABR a Base Rate Borrowing, not later than 11:00 10:00 a.m., New YorkDenver, New York Colorado time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the name of the applicable Borrower; (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing;; and (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretothereto and the last day of such Interest Period, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower applicable Borrower(s) shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Pilgrims Pride Corp)

Requests for Borrowings. To request a BorrowingBorrowing of the Term Loan on the Closing Date, a conversion of Loans from one Type to the other or a continuation of Eurocurrency Loans, the Borrower shall irrevocably notify the Administrative Agent of such request by telephone or by a written Borrowing Request in substantially a form attached hereto as Exhibit C or such other form as may be approved by the Administrative Agent (including any form of Exhibit B on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a “written Borrower. Each such Borrowing Request”): (a) in Request must be received by the case of a Eurodollar Borrowing, Administrative Agent not later than 12:00 noonnoon (i) three Business Days prior to the requested date of the Borrowing of, New Yorkconversion to or continuation of Eurocurrency Loans or of any conversion of Eurocurrency Loans to Base Rate Loans, New York timeand (ii) on the requested date of the Borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurocurrency Loans having an Interest Period other than one, two, three or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than noon four Business Days prior to the requested date of such Borrowing, conversion or continuation of Eurocurrency Loans, whereupon the Administrative Agent shall give prompt notice to the applicable Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the requested date of the proposed Borrowing or (b) in the case of an ABR such Borrowing, not later than 11:00 a.m.conversion or continuation of Eurocurrency Loans, New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Requestshall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the applicable Lenders. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing, conversion or continuation; (ii) the date of such Borrowing, conversion or continuation, which shall be a Business Day; (iii) whether such Borrowing Borrowing, conversion or continuation is to be an ABR a Base Rate Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) with respect to the amount borrowing of the then effective Borrowing BaseTerm Loan on the Closing Date, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06; (vi) whether the Borrower is requesting the borrowing of the Term Loan, a conversion of Loans from one Type to the other, or a continuation of Eurocurrency Loans; and (vii) the Type of Loans to be borrowed (in the case of the borrowing of the Term Loan on the Closing Date) or to which existing Loans are to be converted. If no election as to the Type of Borrowing is specified, then then, the requested Borrowing shall be a Base Rate Borrowing. In the case of a failure to timely request a conversion or continuation of Eurocurrency Loans, such Loans shall be continued as Eurocurrency Loans with an ABR BorrowingInterest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing or conversion or continuation of Eurocurrency Loans, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request Any automatic conversion to Base Rate Loans shall constitute a representation that the amount be effective as of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser last day of the Aggregate Maximum Credit Amounts and Interest Period then in effect with respect to the then effective Borrowing Base)applicable Eurocurrency Loans. Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. During the existence of a Default, no Loans may be requested as, converted to or continued as Eurocurrency Loans without the consent of the Required Lenders.

Appears in 1 contract

Samples: Delayed Draw Term Loan Credit Agreement (Upjohn Inc)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): electronically (a) in the case of a Eurodollar SOFR Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York, New York timeLocal Time, on the Business Day of the proposed BorrowingBorrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that no provided, that, (x) any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 12:00 noon, Local Time, on the date of the proposed Borrowing and (y) any such notice of an Incremental Revolving Borrowing or Incremental Term Borrowing may be given at such time as provided in ‎Section 2.08(e)the applicable Incremental Assumption Agreement. Each telephonic and such written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall (other than in the case of any notice given in respect of the Closing Date, which may be confirmed promptly by hand delivery conditioned upon the consummation of the Transactions, or telecopy to in the Administrative Agent case of a written Borrowing Requestnotice given in respect of Incremental Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement). Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Term B Loans, Revolving Facility Loans, Refinancing Term Loans, Other Term Loans, Other Revolving Loans, Extended Term Loans, Extended Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar SOFR Borrowing; (ivv) in the case of a Eurodollar SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vvi) in the amount case of the then effective Borrowing Basea SOFR Revolving Facility Borrowing, the current total Credit Exposures currency in which such Borrowing is to be denominated (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowingwhich shall be Dollars); and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, which then the requested Borrowing shall comply with the requirements of ‎Section 2.05be made in Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request other communication in substantially writing acceptable to the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): Administrative Agent (a) in the case of a Eurodollar SOFR Borrowing, not later than 12:00 noon, New YorkDenver, New York Colorado time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing (or in the case of a SOFR Borrowing on the Effective Date, not later than 12:00 noon, Denver, Colorado time, one (1) U.S. Government Securities Business Day before the Effective Date) or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkDenver, New York Colorado time, on the one (1) Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy fax to the Administrative Agent (or other communication in writing acceptable to the Administrative Agent) of a written Borrowing RequestRequest in substantially the form of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar SOFR Borrowing; (iv) in the case of a Eurodollar SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the amount of the then effective Aggregate Elected Commitment Amounts, the current total Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation by the Borrower that the amount of the requested Borrowing shall not cause the total Revolving Credit Exposures to exceed the total Commitments (i.e., the lesser least of (x) the Aggregate Maximum Credit Amounts and Amounts, (y) the then effective Borrowing BaseBase and (z) the then effective Aggregate Elected Commitment Amounts). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Vitesse Energy, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar LIBOR Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New York, New York timeLocal Time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic shall be made by hand delivery or telecopy to the Administrative Agent of a duly completed and executed Borrowing Request shall be in the form of Exhibit C (or by telephone notification, confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written duly completed and executed Borrowing RequestRequest in the form of Exhibit C). Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Sections 2.01 and 2.02: (i) the aggregate principal amount of the requested such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;” and (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.08. If no election as Any Borrowing Request that shall fail to specify any of the information required by the preceding provisions of this paragraph may be rejected by the Administrative Agent if such failure is not corrected promptly after the Administrative Agent shall give written or telephonic notice thereof to the Type Borrower and, if so rejected, will be of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base)force or effect. Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender that will make a Loan as part of the requested Borrowing of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Yum Brands Inc)

Requests for Borrowings. To request a Borrowingthe Borrowing of Term B Loans on the Amendment No. 1 Effective Date, the Borrower shall notify the Administrative Agent of such request by telephone or by written pursuant to a Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar BorrowingLIBOR Loan, not later than 12:00 noon, New York, New York time1:00 p.m., three (3) Business Days before the date of the proposed Borrowing Amendment No. 1 Effective Date or (b) in the case of an ABR Borrowinga Base Rate Loan, not later than 11:00 a.m.1:00 p.m., New York, New York time, on the one (1) Business Day of before the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)Amendment No. Each telephonic and written 1 Effective Date. Such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly delivered by hand delivery delivery, fax or telecopy other electronic transmission (including “.pdf” or “.tif”) to the Administrative Agent of a written Borrowing RequestAgent. Each such telephonic and written The Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.2: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing of Base Rate Loans or a Eurodollar BorrowingLIBOR Loans; (iv) in the case of a Eurodollar BorrowingBorrowings of LIBOR Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowinga Borrowing of Base Rate Loans. If no Interest Period is specified with respect to any a requested Eurodollar BorrowingLIBOR Loan, then the Borrower shall be deemed to have selected a LIBOR Loan with an Interest Period of one (1) month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a the Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Term B Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Milacron Holdings Corp.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York12:00 noon, New York City time, on the one (1) Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Wellcare Health Plans, Inc.)

Requests for Borrowings. To request a Term Loan Borrowing, the Borrower Representative shall notify the Administrative Agent of such request by telephone or by delivery of an executed written Borrowing Request in substantially accordance with the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): notice provisions set forth in Section 9.01 (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days (or, in the case of the Term Loan Borrowing to be made on the Closing Date, one Business Day) before the date of the proposed Borrowing (or such shorter period of time as may be agreed to by the Administrative Agent and the Lenders) or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York timeLocal Time, on the Business Day day of the proposed Borrowing; provided that no such notice shall be required for any deemed request Borrowing (or, in the case of an ABR the Term Loan Borrowing to finance be made on the reimbursement Closing Date, one Business Day before the date of an LC Disbursement the proposed Borrowing (or such shorter period of time as provided in ‎Section 2.08(emay be agreed to by the Administrative Agent and the Lenders). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Requestirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether the requested Borrowing is to be a Term Loan Borrowing or an Incremental Term Loan Borrowing of a particular Series; (ii) the aggregate amount of the requested such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Applicable Funding Account. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s three months’ duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Mellanox Technologies, Ltd.)

Requests for Borrowings. To request a BorrowingSubject to the provisions of Section 2.01 of this Agreement, including, without limitation, the conditions precedent (including the requirements of Section 5.02 hereof), Collateral requirements, limits and purposes provided for therein and elsewhere in this Agreement, the Borrower shall notify may request a Borrowing by notifying the Administrative Agent of such request by telephone or by written delivering to the Administrative Agent a Borrowing Request in substantially (or such other form as may be approved by the form of Exhibit B Administrative Agent) and signed by the Borrower (a “written Borrowing Request”): (ai) in the case of a Eurodollar BorrowingBorrowing consisting of SOFR Loans, not later than 12:00 noon, New York2:00 p.m., New York time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (bii) in the case of an a Borrowing consisting of ABR BorrowingLoans or Cost of Funds Loans, not later than 11:00 a.m., New York2:00 p.m., New York time, on the one Business Day prior to the day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request made by electronic mail in portable document format (.PDF) or other facsimile, shall be confirmed promptly signed by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic an Authorized Officer and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (ia) the aggregate amount of the requested Borrowing, which shall not exceed the Face Amount of the related Trade Letter of Credit issued with respect to the Crude Oil inventory being purchased; (iib) the date of such Borrowing, which shall be a Business Day; (iiic) whether such Borrowing is in connection with an FOB Crude Oil Purchase or a Delivered Crude Oil Purchase; (d) whether such Borrowing is to be an ABR Borrowing, a SOFR Borrowing or a Eurodollar Cost of Funds Borrowing; (ive) in the case if such Borrowing is to be a Cost of a Eurodollar Funds Borrowing, the initial Interest Period Cost of Funds Loan Maturity Date applicable to be applicable theretosuch Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”Business Day; (vf) the amount of the then effective tenor applicable to such Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) 15 days for a Delivered Crude Oil Purchase and the pro forma total Credit Exposures (giving effect to the requested Borrowing30 days for an FOB Crude Oil Purchase); and (vig) identifying the location related Trade Letter of Credit issued with respect to the Crude Oil inventory being purchased from the applicable Crude Oil Supplier for which the proceeds of such Borrowing are being used to make such payment on or before when due, together with any other documentation relating to such cargo reasonably requested by the Administrative Agent. When delivered, such Borrowing Request shall be irrevocable and number of shall be effective upon receipt by the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Administrative Agent. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be made as an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderXxxxxx’s Revolving Credit Loan to be made as part of the requested Borrowing. Notwithstanding anything set forth herein, no SOFR Loan based on Adjusted Daily Simple SOFR may be requested unless a Benchmark Transition Event has occurred.

Appears in 1 contract

Samples: Uncommitted Credit Agreement (Par Pacific Holdings, Inc.)

Requests for Borrowings. To request a Borrowing, the Administrative Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York time, 11:00 a.m. three (3) Business Days before the date of the proposed Borrowing (or, solely with respect to the Borrowings on the Effective Date, such shorter amount of time as the Administrative Agent may agree in its sole discretion) or (b) in the case of an ABR a Base Rate Borrowing, not later than 11:00 a.m., New York, New York time, on the a.m. one (1) Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR a Base Rate Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(f) may be given not later than 10:00 a.m. on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest signed by a Responsible Officer. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the account of the Administrative Borrower or such other Borrower designated by the Administrative Borrower’s account , to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Administrative Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Stonemor Partners Lp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) by written delivering a Borrowing Request in substantially the form of Exhibit B and signed by a Responsible Officer of the Borrower (a “written Borrowing Request”): or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New York, New York Eastern time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York noon Eastern time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.06(e) may be given not later than 9:00 a.m. Eastern time, on the date of the proposed Borrowing. Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Requestirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the Class of Borrowing, the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (JOINT Corp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by (A) telephone or (B) other Borrowing Request; provided that any telephonic notice must be confirmed promptly by written Borrowing Request in substantially delivery to the form Administrative Agent of Exhibit B and signed by the Borrower (a written Borrowing Request”): . Each notice, (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount and currency of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Borrowing; (iv) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Magnera Corp)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time10:00 a.m. Local Time, on the Business Day of the proposed Borrowing; provided that no provided, that, (i) to request a Borrowing on the Third Restatement Effective Date, the applicable Borrower shall notify the Administrative Agent of such request by telephone not later than 5:00 p.m., Local Time, one Business Day prior to the Third Restatement Effective Date (or such later time as the Administrative Agent may agree) and (ii) any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Term B Loans, Revolving Facility Loans, Refinancing Term Loans, Other Term Loans, Other Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s Borrowers’ account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Incremental Assumption and Amendment Agreement (Rexnord Corp)

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Requests for Borrowings. To request a any Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no (x) B Term Loans made on the Restatement Effective Date pursuant to Section 2.01(a)(ii) will be made on such notice shall be required for as agreed between the Company and DBNY and (y) any deemed request such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iiiv) the date of such Borrowing, which shall be a Business Day; (iiiv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivvi) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vivii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Celanese CORP)

Requests for Borrowings. (a) To request a U.S. Revolving Facility Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telephone or by written delivering a U.S. Borrowing Request in substantially (which may be delivered through the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): Administrative Agent’s electronic platform or portal) (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Benchmark Rate Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York timeLocal Time, on the Business Day of the proposed Borrowing; provided provided, that no such notice the Administrative Agent may, in its sole discretion, elect to accept as timely requests that are received later than 11:00 a.m. on the applicable Business Day or Benchmark Rate Business Day, as applicable. All Borrowing requests which are not made on-line via Administrative Agent’s electronic platform or portal shall be required for any deemed request subject to (and unless Administrative Agent elects otherwise in the exercise of an ABR Borrowing to finance its sole discretion, such Borrowings shall not be made until the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy completion of) Administrative Agent’s authentication process (with results satisfactory to the Administrative Agent Agent) prior to the funding of a written Borrowing Requestany such requested Revolving Loan. Each such telephonic and written U.S. Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Borrowing; (iv) in the case of a Eurodollar Term Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the U.S. Borrower’s account to which funds are to be disbursed. (b) To request a Canadian Revolving Facility Borrowing, the Canadian Borrower shall notify the Administrative Agent of such request by delivering a Canadian Borrowing Request (which may be delivered through the Administrative Agent’s electronic platform or portal) (a) in the case of a Term CORRA Borrowing, not later than 11:00 a.m., Local Time, three Benchmark Rate Business Days before the date of the proposed Borrowing, (b) in the case of a Term SOFR Borrowing, not later than 11:00 a.m., Local Time, three Benchmark Rate Business Days before the date of the proposed Borrowing or (c) in the case of a Canadian Base Rate Borrowing or ABR Borrowing, not later than 11:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; provided, that the Administrative Agent may, in its sole discretion, elect to accept as timely requests that are received later than 11:00 a.m. on the applicable Business Day or U.S. Government Securities Business Day, as applicable. All Borrowing requests which are not made on-line via Administrative Agent’s electronic platform or portal shall be subject to (and unless Administrative Agent elects otherwise in the exercise of its sole discretion, such Borrowings shall not be made until the completion of) Administrative Agent’s authentication process (with results satisfactory to the Administrative Agent) prior to the funding of any such requested Revolving Loan. Each such Canadian Borrowing Request shall be irrevocable and in a form approved by the Administrative Agent and signed by the Canadian Borrower. Each such written Canadian Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the aggregate amount and currency of the requested Borrowing; (ii) the date of such Borrowing, which shall comply be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing, a Term SOFR Borrowing, a Canadian Base Rate Borrowing or a Term CORRA Borrowing; (iv) in the case of a Term Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) the location and number of the Canadian Borrower’s account to which funds are to be disbursed. (c) To request a U.K. Revolving Facility Borrowing, a U.K. Borrower shall notify the Administrative Agent of such request by delivering a U.K. Borrowing Request (which may be delivered through the Administrative Agent’s electronic platform or portal) (a) in the case of a Term SOFR Borrowing, not later than 11:00 a.m., Local Time, three Benchmark Rate Business Days before the date of the proposed Borrowing, (b) in the case of (i) an Interbank Offered Rate Borrowing or (ii) a Daily Resetting Term Rate Borrowing, not later than 11:00 a.m., Local Time, three Benchmark Rate Business Days before the date of the proposed Borrowing (c) in the case of an ABR Borrowing, not later than 11:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing and (d) in the case of a Daily Simple RFR Borrowing, not later than 11:00 a.m., Local Time, five Benchmark Rate Business Days before the date of the proposed Borrowing; provided, that the Administrative Agent may, in its sole discretion, elect to accept as timely requests that are received later than 11:00 a.m. on the applicable Business Day or U.S. Government Securities Business Day, as applicable. All Borrowing requests which are not made on-line via Administrative Agent’s electronic platform or portal shall be subject to (and unless Administrative Agent elects otherwise in the exercise of its sole discretion, such Borrowings shall not be made until the completion of) Administrative Agent’s authentication process (with results satisfactory to the requirements Administrative Agent) prior to the funding of ‎Section 2.05any such requested Revolving Loan. Each such U.K. Borrowing Request shall be irrevocable and in a form approved by the Administrative Agent and signed by a U.K. Borrower. Each such written U.K. Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the aggregate amount and currency of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Term SOFR Borrowing, an Interbank Offered Rate Borrowing, a Borrowing of Daily Resetting Term Rate Loans, a Daily Simple RFR Borrowing or an ABR Borrowing; (iv) in the case of a Term Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) the location and number of the U.K. Borrower’s account to which funds are to be disbursed. (d) To request a German Revolving Facility Borrowing, the German Lead Borrower shall notify the Administrative Agent of such request by delivering a German Borrowing Request (which may be delivered through the Administrative Agent’s electronic platform or portal) (a) in the case of a Term SOFR Borrowing, not later than 11:00 a.m., Local Time, three Benchmark Rate Business Days before the date of the proposed Borrowing, (b) in the case of (i) an Interbank Offered Rate Borrowing or (ii) a Daily Resetting Term Rate Borrowing, not later than 11:00 a.m., Local Time, three Benchmark Rate Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, not later than 11:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; provided, that the Administrative Agent may, in its sole discretion, elect to accept as timely requests that are received later than 11:00 a.m. on the applicable Business Day or U.S. Government Securities Business Day, as applicable. All Borrowing requests which are not made on-line via Administrative Agent’s electronic platform or portal shall be subject to (and unless Administrative Agent elects otherwise in the exercise of its sole discretion, such Borrowings shall not be made until the completion of) Administrative Agent’s authentication process (with results satisfactory to the Administrative Agent) prior to the funding of any such requested Revolving Loan. Each such German Borrowing Request shall be irrevocable and in a form approved by the Administrative Agent and signed by the German Lead Borrower. Each such written German Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the aggregate amount and currency of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing, a Term SOFR Borrowing, an Interbank Offered Rate Borrowing or a a Daily Resetting Term Rate Borrowing; and (iv) in the case of a Term Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) the German Borrower applicable to such Borrowing, and the location and number of such German Borrower’s account to which funds are to be disbursed. (e) If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be (w) with respect to a U.S. Revolving Facility Borrowing, Canadian Revolving Facility Borrowing, U.K. Revolving Facility Borrowing or German Revolving Facility Borrowing denominated in Dollars, an ABR Borrowing, (x) with respect to a Canadian Revolving Facility Borrowing denominated in Canadian Dollars, a Canadian Base Rate Borrowing, and if no election is specified by the Canadian Borrower as to currency then the requested Canadian Revolving Facility Borrowing shall be in Canadian Dollars, (y) with respect to a U.K. Revolving Facility Borrowing denominated in (i) Euros, a Daily Resetting Term Rate Borrowing or (ii) Sterling, a Daily Simple RFR Borrowing and if no election is specified by a U.K. Borrower as to currency then the requested U.K. Revolving Facility Borrowing shall be in Sterling and (z) with respect to a German Revolving Facility Borrowing denominated in Euros, a Daily Resetting Term Rate Borrowing and if no election is specified by the German Lead Borrower as to currency then the requested German Revolving Facility Borrowing shall be in Euros. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, Term Rate Borrowing then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each U.S. Revolving Lender, Canadian Revolving Lender, U.K. Revolving Lender and/or German Revolving Lender, as applicable, of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Asset Based Revolving Credit Agreement (Magnera Corp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New YorkHouston, New York Texas time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New YorkHouston, New York Texas time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, telecopy or telecopy scanned copy sent by email to the Administrative Agent of a written Borrowing RequestRequest substantially in the form of Exhibit 2.03. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Input Output Inc)

Requests for Borrowings. To request a Borrowing, the a Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the Business Day of same day as the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Interim Loan Agreement (Moodys Corp /De/)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonnoon (Charlotte, New YorkNorth Carolina time), New York time, three two Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon (Charlotte, New York, New York North Carolina time), on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Medtronic Inc)

Requests for Borrowings. To request a Each Term Loan Borrowing, each Revolving Loan Borrowing, each conversion of Term Loans or Revolving Loans from one Type to the other, and each continuation of LIBO RateTerm SOFR Loans shall be made upon irrevocable notice by the Borrower shall notify to the Administrative Agent, which may be given by a Borrowing Request or an Interest Election Request, as applicable (provided that any notice in respect of any Term Loan Borrowing and/or any Revolving Loan Borrowing (x) to be made on the Closing Date may be conditioned on the occurrence of the Closing Date, (y) to be made in connection with any acquisition, investment or repayment or redemption of Indebtedness may be conditioned on the closing of such Permitted Acquisition, permitted Investment or permitted repayment or redemption of Indebtedness or (z) for any other purpose to which the Administrative Agent may consent (such consent not to be unreasonably withheld or delayed), may be conditioned on the occurrence of the relevant event). Each such request by telephone or by written Borrowing Request notice must be in substantially the form of Exhibit B a Borrowing Request or an Interest Election Request, as applicable, appropriately completed and signed by a Responsible Officer of the Borrower and must be received by the Administrative Agent (a by hand delivery or other electronic transmission (including written .pdf” or “.tif”)) not later than (i) 12:00 p.m. three Business Days prior to the requested day of any Borrowing Request”): of, conversion to or continuation of LIBO Rate Loans (a) or one Business Day in the case of a Eurodollar Borrowingany Borrowing of LIBO Rate Loans to be made on the Closing Date)Term SOFR Loans and (ii) 10:00 a.m. on the requested date of any Borrowing of or conversion to ABR Loans (other than Swingline Loans) (or, in each case, such later time as is reasonably acceptable to the Administrative Agent); provided, however, that if the Borrower wishes to request LIBO RateTerm SOFR Loans having an Interest Period other than one, three or six months in duration or such shorter period as provided in the definition of “Interest Period”, (A) the applicable notice from the Borrower must be received by the Administrative Agent not later than 12:00 noonp.m. four Business Days prior to the requested date of the relevant Borrowing, New Yorkconversion or continuation (or such later time as is reasonably acceptable to the Administrative Agent), New York timewhereupon the Administrative Agent shall give prompt notice to the appropriate Lenders of such request, (B) the relevant requested Interest Period shall be deemed to be available to each appropriate Lender unless such Lender has delivered written notice to the Administrative Agent indicating that such Interest Period is not available to such Lender within one Business Day following the date on which the notice described in clause (A) above is posted by the Administrative Agent and (C) not later than 12:00 p.m. three Business Days before the requested date of the proposed Borrowing or (b) in the case of an ABR relevant Borrowing, not later than 11:00 a.m.conversion or continuation, New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify notify the following information in compliance with ‎Section 2.02: (i) the aggregate amount of Borrower whether or not the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard is available to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05appropriate Lenders. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO RateTerm SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each The Administrative Agent shall advise each Lender of the details and amount of any Loan to be made as part of the relevant requested Borrowing (x) in the case of any ABR Borrowing, on the same Business Day of receipt of a Borrowing Request shall constitute a representation that in accordance with this Section or (y) in the amount case of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e.any LIBO RateTerm SOFR Borrowing, the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly no later than one Business Day following receipt of a Borrowing Request in accordance with this ‎Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingSection.

Appears in 1 contract

Samples: Credit Agreement (Definitive Healthcare Corp.)

Requests for Borrowings. To request a Borrowing, the Borrower Representative shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the writing (through a form of Exhibit B electronic submission acceptable to the Administrative Agent) in a form approved by the Administrative Agent and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, Representative not later than 12:00 noon, New York1:00 p.m., New York time, three (3) Business Days before the date of the proposed Borrowing (or (b) such shorter period as agreed to by the Administrative Agent in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(eits sole discretion). Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly signed by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestBorrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the name of the applicable Borrower(s) and whether such Borrowing is a U.S. Borrowing or Canadian Borrowing; (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (ivv) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount .” Any Borrowing Request that shall fail to specify any of the then effective Borrowing Base, information required by the current total Credit Exposures (without regard preceding provisions of this paragraph may be rejected by the Administrative Agent if such failure is not corrected promptly after the Administrative Agent shall give written or telephonic notice thereof to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); Borrower Representative and (vi) the location and number , if so rejected, will be of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base)force or effect. Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York1:00 p.m., New York City time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing or a Term Borrowing; 37 (ii) the aggregate amount of the requested such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) subject to Section 2.02, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Huntsman Packaging Corp)

Requests for Borrowings. (a) To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon10:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the any proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York, New York timeLocal Time, on the Business Day of the proposed Borrowing; provided that no provided, that, to request a Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such notice shall be required for any deemed request of an ABR Borrowing by telephone not later than 2:00 p.m., Local Time, one Business Day prior to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)Closing Date. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans (and, if so, specifying the Class of Commitments under which such Borrowing is being made), Term B Loans, Term B-1 Loans, Other Term Loans, Refinancing Term Loans, Other Revolving Loans or Replacement Revolving Loans, as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vvi) in the amount case of the then effective Borrowing Basea Eurocurrency Revolving Facility Borrowing, the current total Credit Exposures currency in which such Borrowing is to be denominated (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowingwhich shall be Dollars or an Alternate Currency); and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, which then the requested Borrowing shall comply with the requirements of ‎Section 2.05be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Incremental Assumption Agreement and Second Amendment to Credit Agreement (Playtika Holding Corp.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) in a form approved by written Borrowing Request in substantially the form of Exhibit B Administrative Agent and signed by the Borrower (a “written Borrowing Request”): or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York, New York eastern time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.noon, New York, New York eastern time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.04(e) may be given not later than 9:00 a.m., eastern time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request (which shall be irrevocable) by (x) telephone or (y) a Borrowing Request; provided that any telephonic notice must be confirmed immediately by written delivery to the Administrative Agent of a Borrowing Request. Each such Borrowing Request in substantially the form of Exhibit B and signed must be received by the Borrower (a “written Borrowing Request”): Administrative Agent (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, Borrowing not later than 11:00 a.m.12:00 noon, New York, New York timeLocal Time, on the Business Day date of the proposed Borrowing; provided that no such notice provided, that, to request a Borrowing on the Closing Date, the Borrower shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to notify the Administrative Agent of a written Borrowing Requestsuch request by telephone not later than 5:00 p.m., Local Time, two Business Days prior to the Closing Date. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Initial Term Loans, Deferred Term Loans, Refinancing Term Loans or Extended Term Loans; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) subject to Section 2.02(c), whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon, New York, New York time, 11:00 a.m. three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing or Daily Simple SOFR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic communication to the Administrative Agent of a written Borrowing RequestRequest in substantially the form of Exhibit B and signed by the Borrower (or other communication in writing acceptable to the Administrative Agent). Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing, a Daily Simple SOFR Borrowing or a Eurodollar Term SOFR Borrowing; (iv) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. Without in any way limiting the obligation of the Borrower to confirm in writing any telephonic notice permitted to be given hereunder, the Administrative Agent may act prior to receipt of written confirmation without liability upon the basis of such telephonic notice believed by the Administrative Agent in good faith to be from an Authorized Officer of the Borrower entitled to give telephonic notices under this Agreement on behalf of the Borrower. In each such case, the Administrative Agent’s record of the terms of such telephonic notice shall be conclusive absent manifest error. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Daily Simple SOFR Borrowing. If no election is specified as to whether a SOFR Borrowing is to be a Term SOFR Loan or Daily Simple SOFR Loan, then the requested Borrowing shall be a Daily Simple SOFR Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingTerm SOFR Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lxxxxx’s Loan to be made as part of the requested Borrowing. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Revolving Credit Exposures and Term Credit Exposures to exceed the total Revolving Commitments and the Term Commitments, as applicable (i.e., the lesser of the Aggregate aggregate Maximum Credit Revolving Amounts or aggregate Maximum Term Amounts, as applicable, and the then effective Adjusted Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03, ) on the Administrative Agent shall advise each Lender of the details thereof and of the amount date of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Diversified Energy Co PLC)

Requests for Borrowings. To request a Revolving ------------------------ Borrowing or Term Borrowing, a Borrower (or the Borrower Company on behalf of a Borrower) shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New Yorkp.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York, New York City time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing -------- to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.04(e) may be given not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Agent and signed by the relevant Borrower or by the Company on behalf of a Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be a Revolving Borrowing, a Tranche A Term Borrowing or a Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing and, in the case of a Revolving Borrowing, the amount or amounts thereof that are to constitute a TA Revolving Borrowing or a GC Revolving Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (vi) the relevant Borrower and the location and number of the such Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (RCN Corp /De/)

Requests for Borrowings. To request a Revolving Borrowing and/or a Term Borrowing, the applicable Borrower shall notify the Administrative Applicable Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing RequestRequest in a form approved by the Applicable Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing; (iii) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars or Euros); (iiiv) the date of such Borrowing, which shall be a Business Day; (iiiv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivvi) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (vivii) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing, unless such Revolving Facility Borrowing (i) is denominated in Euros and (ii) is being requested by a Foreign Subsidiary Borrower, in which case such Revolving Facility Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Applicable Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Nalco Energy Services Equatorial Guinea LLC)

Requests for Borrowings. To request a any Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars); (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Term Loan C to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Loan Agreement (Celanese CORP)

Requests for Borrowings. To request a Borrowingthe Borrowing of Term Loans on the Restatement Date, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three (3) Business Days before the date of the proposed Borrowing Restatement Date or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New YorkLocal Time, New York time, on the one (1) Business Day of before the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)Restatement Date. Each Such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, fax or telecopy other electronic transmission (including “.pdf” or “.tif”) to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such Such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any a requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected a Eurodollar Borrowing with an Interest Period of one (1) month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a the Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Term Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Generac Holdings Inc.)

Requests for Borrowings. To request a Term Loan Borrowing, the any Borrower shall notify the Administrative Agent of such request request, which notice may be given by (A) telephone or (B) a Borrowing Request; provided that any telephone notice must be confirmed promptly by written delivery to the Administrative Agent of a Borrowing Request in substantially the form of Exhibit B and signed Request. Each such notice must be received by the Borrower (a “written Borrowing Request”): Administrative Agent (a) in the case of a Eurodollar SOFR Borrowing, not later than 12:00 noon, New York2:00 p.m., New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable (provided that notices in respect of Term Loan Borrowings (x) to be made on the Effective Date may be conditioned on the closing of the Exchange Transactions and each telephonic Borrowing Request (y) to be made in connection with any Subsequent Exchange Term Loans may be conditioned on the closing of the related open market purchases described in the Subsequent Exchange Term Loan Exchange Documents) and shall be confirmed promptly delivered by hand delivery delivery, facsimile or telecopy other electronic transmission (or, if requested by telephone, promptly confirmed in writing by hand delivery, facsimile or other electronic transmission) to the Administrative Agent of and shall be signed by a written Borrowing RequestBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02information: (i) the aggregate amount Class of the requested such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar SOFR Borrowing; (ivv) in the case of a Eurodollar SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s Borrowers’ account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06; and (vii) except on the Effective Date, that, as of the date of such Borrowing, the conditions set forth in Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specifiedspecified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar SOFR Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such LenderLxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Amc Entertainment Holdings, Inc.)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York time, noon three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, 12:00 noon on the Business Day date of the proposed Borrowing; provided that no Borrowing (so long as such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(edate is a Business Day). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.04: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (ANTERO RESOURCES Corp)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) in a form approved by written Borrowing Request in substantially the form of Exhibit B Administrative Agent and signed by the Borrower (a “written Borrowing Request”): or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York, New York central time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.noon, New York, New York central time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 9:00 a.m., central time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the Class of Borrowing, the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. ." If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

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

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York12:00 noon, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: 5 Year Term Credit Agreement (Valero L P)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing by telephone or by written delivery of an irrevocable Borrowing Request in substantially the form of Exhibit B and (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) signed by a Responsible Officer of the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar LIBO Rate Borrowing, not later than 12:00 noon, New York, New York time, three Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, one Business Day) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time12:00 noon, on the Business Day date of the proposed Borrowing; provided that no Borrowing (or, in each case, such notice later time as shall be required for any deemed acceptable to the Administrative Agent); provided, however, that if the Borrower wishes to request of LIBO Rate Loans having an ABR Borrowing to finance the reimbursement of an LC Disbursement Interest Period other than one, three or six months in duration as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall the definition of Interest Period, the applicable notice from the Borrower must be irrevocable and each telephonic Borrowing Request shall be confirmed promptly received by hand delivery or telecopy to the Administrative Agent not later than 12:00 noon four Business Days prior to the requested date of a written Borrowing Requestsuch Borrowing, conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the appropriate Lenders of such request and determine whether the requested Interest Period is acceptable to them. Not later than 10:00 a.m. three Business Days before the requested date of such Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower whether or not the requested Interest Period has been consented to by all appropriate Lenders. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the Class of such Borrowing; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (ivv) in the case of a Eurodollar LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disbursed, which shall comply with disbursed (the requirements of ‎Section 2.05“Funding Account”). If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a LIBO Rate Borrowing with an Interest Period of one month; provided that if the Borrower shall not have notified the Administrative Agent in writing of such requested Borrowing, by 12:00 noon three Business Days before the date of the requested Borrowing, then such Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: First Lien Term Loan Agreement (Interline Brands, Inc./De)

Requests for Borrowings. To request a Borrowing (other than a Swingline Loan Borrowing, which may be requested under Section 2.4(b)), the Borrower Representative shall notify the Administrative Agent of such request by telephone or by written submitting a Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): Representative by (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon, New York, New York time, 11:00 a.m. three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 11:00 a.m., New York, New York time, on the a.m. one (1) Business Day before the date of the proposed Borrowing; provided that no that, any such notice shall be required for any deemed request of an ABR a Base Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.5(e) may be given not later than 10:00 a.m. on the date of the proposed Borrowing. Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly submitted by hand delivery delivery, telecopy or telecopy (if arrangements for doing so have been approved by the Administrative Agent) electronic communication to the Administrative Agent of a written Borrowing RequestAgent. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.2: (i) the aggregate principal amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Term SOFR Borrowing; (iv) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s Borrowers’ account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.6. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Term SOFR Borrowing, then the Borrower Representative shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (IBEX LTD)

Requests for Borrowings. To request a Borrowing, the Administrative Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower e-mail (a “written Borrowing Request”): (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York2:00 p.m., New York time, three Business Days before the date of the proposed Borrowing Borrowing, or (bii) in the case of an ABR Borrowing, not later than 11:00 10:00 a.m., New York, New York time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.07(e) may be given not later than 10:00 a.m., New York time, on the date of the proposed Borrowing. Each telephonic and written such Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing RequestRequest in a form reasonably acceptable to the Administrative Agent and signed by the Administrative Borrower. Each such telephonic telephonic, email and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Revolving Credit Agreement (Talecris Biotherapeutics Holdings Corp.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time10:00 a.m. Local Time, on the Business Day of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 12:00 noon, Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing RequestRequest signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Term B Loans, Revolving Facility Loans, Refinancing Term Loans, Other Term Loans, Other Revolving Loans or Replacement Revolving Loans, as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vvi) in the amount case of the then effective Borrowing Basea Eurocurrency Revolving Facility Borrowing, the current total Credit Exposures currency in which such Borrowing is to be denominated (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowingwhich shall be Dollars or an Alternate Currency); and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, which then the requested Borrowing shall comply with the requirements of ‎Section 2.05be made in Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: First Lien Credit Agreement (Hostess Brands, Inc.)

Requests for Borrowings. To request a BorrowingBorrowing of the Term Loan on the Closing Date, a conversion of Loans from one Type to the other or a continuation of Eurocurrency Loans, the Borrower shall irrevocably notify the Administrative Agent of such request by (A) telephone or by (B) a written Borrowing Request in substantially a form attached hereto as Exhibit C or such other form as may be approved by the Administrative Agent (including any form of Exhibit B on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York, New York time, three Business Days before the date Responsible Officer of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day of the proposed BorrowingBorrower; provided that no such any telephonic notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall must be confirmed promptly immediately by hand delivery or telecopy or transmission by electronic communication in accordance with Section 9.01(b) to the Administrative Agent of a written Borrowing Request. Each such telephonic Borrowing Request must be received by the Administrative Agent not later than Noon (i) three Business Days prior to the requested date of the borrowing of Eurocurrency Loans, or any conversion to or continuation of Eurocurrency Loans or of any conversion of Eurocurrency Loans to Base Rate Loans, and written (ii) on the requested date of the borrowing of Base Rate Loans; provided, however, that if the Borrower wishes to request Eurocurrency Loans having an Interest Period other than one, two, three or six months in duration as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than noon four Business Days prior to the requested date of such borrowing of Eurocurrency Loans, conversion or continuation of Eurocurrency Loans, whereupon the Administrative Agent shall give prompt notice to the applicable Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the requested date of such borrowing of Eurocurrency Loans, conversion or continuation of Eurocurrency Loans, the Administrative Agent shall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the applicable Lenders. Each Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing, conversion or continuation; (ii) the date of such Borrowing, conversion or continuation, which shall be a Business Day; (iii) whether such Borrowing Borrowing, conversion or continuation is to be an ABR a Base Rate Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) with respect to the amount initial borrowing of the then effective Borrowing BaseTerm Loan on the Closing Date, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06; (vi) whether the Borrower is requesting the initial borrowing of the Term Loan, a conversion of Loans from one Type to the other, or a continuation of Eurocurrency Loans; and (vii) the Type of Loans to be borrowed (in the case of the initial borrowing of the Term Loan on the Closing Date) or to which existing Loans are to be converted. If no election as to the Type of Borrowing is specified, then then, the requested Borrowing shall be a Base Rate Borrowing. In the case of a failure to timely request a conversion or continuation of Eurocurrency Loans, such Loans shall be continued as Eurocurrency Loans with an ABR BorrowingInterest Period of one month’s duration. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing or conversion or continuation of Eurocurrency Loans, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request Any automatic conversion to Base Rate Loans shall constitute a representation that the amount be effective as of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser last day of the Aggregate Maximum Credit Amounts and Interest Period then in effect with respect to the then effective Borrowing Base)applicable Eurocurrency Loans. Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. During the existence of a Default, no Loans may be converted to or continued as Eurocurrency Loans without the consent of the Required Lenders.

Appears in 1 contract

Samples: Term Credit Agreement (Mylan N.V.)

Requests for Borrowings. To request a Borrowingthe Borrowing of Term Loans on the Second Restatement Date, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three (3) Business Days before the date of the proposed Borrowing Second Restatement Date or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.1:00 p.m., New YorkLocal Time, New York time, on the one (1) Business Day of before the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)Second Restatement Date. Each Such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, fax or telecopy other electronic transmission (including “.pdf” or “.tif”) to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such Such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any a requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected a Eurodollar Borrowing with an Interest Period of one (1) month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a the Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Term Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Generac Holdings Inc.)

Requests for Borrowings. To request a BorrowingBorrowing (other than a Swing Line Loan), the Borrower shall notify the Administrative Agent of such request by telephone in writing (which may be via facsimile or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): email) (a) in the case of a Eurodollar Rate Borrowing, not later than 12:00 noon, New York, New York time10:00 a.m., three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 11:00 a.m., New York, New York time, 10:00 a.m. on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written such Borrowing Request shall be irrevocable irrevocable, and each telephonic Borrowing Request shall shall, if in writing, be confirmed promptly in substantially the form of Exhibit C attached hereto (or such other form as may be approved by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestAgent). Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.2: (ia) the aggregate amount of the requested Borrowing; (iib) the date of such Borrowing, which shall be a Business Day; (iiic) whether such Borrowing is to be an ABR Borrowing a Base Rate or a Eurodollar Rate Borrowing; (ivd) in the case of a Eurodollar BorrowingRate, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vie) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (National Health Investors Inc)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the applicable Borrower shall notify the Administrative Agent of such request (a) in the case of a Eurocurrency Borrowing or a Borrowing of Bankers’ Acceptance Loans, not later than 12:00 noon, Local Time, three Business Days before the date of the proposed Borrowing, (b) in the case of an ABR Borrowing, by telephone, not later than 10:00 a.m. Local Time, on the Business Day of the proposed Borrowing or (c) in the case of a Canadian Prime Rate Borrowing, not later than 10:00 a.m. Local Time on the Business Day immediately prior to the date of the proposed Borrowing; provided, that, (i) to request a EurodollarEurocurrency or ABR Borrowing on the ThirdFourth Amendment Effective Date, the applicable Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not no later than 12:00 noon5:00 p.m., New YorkLocal Time, New York time, three one Business Days before Day prior to the date of ThirdFourth Amendment Effective Date (or such later time as the proposed Borrowing or Administrative Agent may agree) and (bii) in the case any such notice of an ABR Borrowing, not later than 11:00 a.m., New York, New York time, on the Business Day of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 12:00 noon, Local Time, on the date of the proposed Borrowing. Each telephonic and written such Borrowing Request shall be irrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Merger or the Tender Offer) and each (in the case of telephonic Borrowing Request requests) shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing RequestRequest signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of 2017 Term B Loans, 2018 Incremental Term Loans, Other Term Loans or Revolving Facility Loans of a particular Class, as applicable; (ii) the aggregate amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing, a Canadian Prime Rate Borrowing, a Eurocurrency Borrowing or a Eurodollar BorrowingBorrowing of Bankers’ Acceptance Loans; (ivv) in the case of a Eurodollar BorrowingEurocurrency Borrowing or a Borrowing of Bankers’ Acceptance Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vvi) in the amount case of the then effective a Eurocurrency Revolving Facility Borrowing, a Canadian Prime Rate Borrowing Baseor a Borrowing of Bankers’ Acceptance Loans, the current total Credit Exposures currency in which such Borrowing is to be denominated (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowingwhich shall be an Agreed Currency); and (vivii) the location and number of the Borrower’s account of the applicable Borrower to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, which then the requested Borrowing shall comply with the requirements of ‎Section 2.05be made in Dollars. If no election as to the Type of Borrowing is specified, then (x) in the case of a Borrowing denominated in Dollars, the requested Borrowing shall be an ABR Borrowing and (y) in the case of a Borrowing denominated in Canadian Dollars, the requested Borrowing shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing or a Borrowing of Bankers’ Acceptance Loans, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section Section 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Incremental Assumption Agreement (Mallinckrodt PLC)

Requests for Borrowings. To request a Revolving ------------------------ Borrowing or Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York1:00 p.m., New York City time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to -------- finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be a Revolving Borrowing, Tranche A Term Borrowing or Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. The Borrower may combine within a single document Borrowing Requests for more than one Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Crossing LTD)

Requests for Borrowings. To request a Borrowing, the ----------------------- Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New YorkDallas, New York Texas time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New YorkDallas, New York Texas time, on the same Business Day as the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest by means of a Borrowing Request Form signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Industrial Technologies Inc)

Requests for Borrowings. To request a BorrowingBorrowing of the Term Loan on the Closing Date or the Business Day immediately thereafter (as specified by the Borrower in the Borrowing Request), a Conversion of Loans or a continuation of Loans, the Borrower shall irrevocably notify the Administrative Agent of such request by telephone or by a written Borrowing Request in substantially a form attached hereto as Exhibit C or such other form as may be approved by the Administrative Agent (including any form of Exhibit B on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the Borrower (a “written Borrower. Each such Borrowing Request”): (a) in Request must be received by the case of a Eurodollar Borrowing, Administrative Agent not later than 12:00 noon, New York, New York time, noon (x) three Business Days before prior to the requested date of the proposed Borrowing of Loans or (by) four Business Days prior to the requested date of the Conversion of or continuation of Loans; provided, however, that if the Borrower wishes to request Loans having an Interest Period other than three or six months in duration as provided in the case definition of an ABR “Interest Period,” the applicable notice must be received by the Administrative Agent not later than noon four Business Days prior to the requested date of such Borrowing, not Conversion or continuation of Loans, whereupon the Administrative Agent shall give prompt notice to the applicable Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., New York, New York time, on the one Business Day before the requested date of the proposed such Borrowing; provided that no such notice shall be required for any deemed request , Conversion or continuation of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to Loans, the Administrative Agent of a written Borrowing Requestshall notify the Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all the applicable Lenders. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing, Conversion or continuation; (ii) the date of such Borrowing, Conversion or continuation, which shall be a Business Day; (iii) in the case of a Conversion, whether such Borrowing it is a Conversion from a TIBOR Rate Loan to be an ABR Borrowing Alternative TIBOR Rate Loan or from an Alternative TIBOR Rate Loan to a Eurodollar BorrowingTIBOR Rate Loan; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) with respect to the amount borrowing of the then effective Term Loan on the Closing Date or the Business Day immediately thereafter (as specified by the Borrower in the Borrowing BaseRequest), the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.06; and (vi) whether the Borrower is requesting the borrowing of the Term Loan, a Conversion of Loans, or a continuation of Loans. If no election as In the case of a failure to the Type timely request a continuation of Borrowing is specifiedLoans, then the requested Borrowing such Loans shall be continued as Loans with an ABR BorrowingInterest Period of three months’ duration. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing or Conversion or continuation of Loans, then the Borrower shall be deemed to have selected an Interest Period of one three month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Except as otherwise provided herein, a Loan may be continued or Converted only on the last day of an Interest Period for such Loan.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Viatris Inc)

Requests for Borrowings. To request a Revolving Facility Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Rate Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 11:00 a.m.12:00 p.m., New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided provided, that no any such notice shall be required for any deemed request of an ABR a Base Rate Borrowing to finance the reimbursement in respect of an LC Disbursement a Letter of Credit as provided in ‎Section 2.08(e)contemplated by Section 2.05(c) may be given not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) whether such Borrowing is to be a Borrowing of Revolving Facility Loans or Other Revolving Loans; (ii) the aggregate amount of (A) the requested Borrowing and (B) all Revolving Facility Loans to be outstanding (after giving effect to the requested Borrowing); (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Rate Borrowing; (ivv) in the case of a Eurodollar Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as the Borrower fails to the specify a Type of Revolving Facility Loan in a Borrowing is specifiedRequest or if the Borrower fails to give a timely notice requesting a conversion or continuation, then the requested Borrowing Revolving Facility Loans shall be an ABR Borrowingmade as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Loans. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Abl Credit Agreement (Noranda Aluminum Holding CORP)

Requests for Borrowings. To request a Borrowing, the Borrower Representative shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or facsimile) in a form approved by written Borrowing Request in substantially the form of Exhibit B Administrative Agent and signed by the Borrower (a “written Borrowing Request”): Representative or by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New York, New York Chicago time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.noon, New York, New York Chicago time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Chicago time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the name of the applicable Borrower; (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower applicable Borrower(s) shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Aventine Renewable Energy Holdings Inc)

Requests for Borrowings. To request a any Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested BorrowingBorrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iiiv) the date of such Borrowing, which shall be a Business Day; (iiiv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (ivvi) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing)"; and (vivii) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing (i) is denominated in Euros and (ii) is being requested by a Foreign Revolving Borrower, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (BCP Crystal Holdings Ltd. 2)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) in a form approved by written Borrowing Request in substantially the form of Exhibit B Administrative Agent and signed by the Borrower (a “written Borrowing Request”): or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York, New York eastern time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.noon, New York, New York eastern time, on the Business Day date of the proposed Borrowing; provided that no any such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e)contemplated by Section 2.04(e) may be given not later than 9:00 a.m., eastern time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section 2.02Section 2.01: (i) the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. ." If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Fiesta Restaurant Group, Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New YorkLos Angeles, New York California time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New YorkLos Angeles, New York California time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of whether the requested Borrowing is to be a Revolving Borrowing or a Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Tucson Electric Power Co)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noonp.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New YorkLocal Time, New York time, on the one Business Day before the date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;; Second Amended and Restated Term Loan Credit Agreement (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Berry Plastics Holding Corp)

Requests for Borrowings. To request a Borrowing, the Borrower applicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (a) by telephone or by irrevocable written notice (via a written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (aapplicable Borrower, or the Company on behalf of the applicable Borrower) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three (3) Business Days (in the case of a Eurocurrency Borrowing denominated in Dollars) or by irrevocable written notice (via a written Borrowing Request signed by such Borrower, or the Company on its behalf) not later than 1:00 p.m., Local Time, four (4) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency), in each case before the date of the proposed Borrowing or (b) by irrevocable written notice (via a written Borrowing Request signed by the applicable Borrower, or the Company on behalf of the applicable Borrower) in the case of an ABR Borrowing, not later than 11:00 a.m., New York12:00 noon, New York City time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the name of the applicable Borrower; (ii) the aggregate principal amount of the requested Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing and, subject to the requirements of Section 2.02(d)(ii), whether such Borrowing is to be a US Tranche Revolving Borrowing, a Global Tranche Revolving Borrowing or a Tranche A Term Loan Borrowing or an Incremental Term Borrowing of a particular Series; (ivv) in the case of a Eurodollar Eurocurrency Borrowing, the Agreed Currency and initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then then, (i) in the case of a Revolving Borrowing denominated in Dollars, the requested Revolving Borrowing shall be an ABR Borrowing made on a pro rata basis under the US Tranche Commitments and the Global Tranche Commitments as contemplated by Section 2.02(d)(ii) and (ii) in the case of a Tranche A Term Loan Borrowing, the requested Tranche A Term Loan Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Scotts Miracle-Gro Co)

Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a “written Borrowing Request”): (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York, New York timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m.12:00 noon, New York, New York timeLocal Time, on the Business Day date of the proposed Borrowing; provided that no such notice shall be required for any deemed request of an ABR Borrowing to finance the reimbursement of an LC Disbursement as provided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing RequestRequest in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with ‎Section Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of ‎Section 2.05Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this ‎Section 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Ingredion Inc)

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