Common use of Requests for Borrowings Clause in Contracts

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (El Paso Natural Gas Co), Credit Agreement (El Paso Corp/De), Credit Agreement (Tennessee Gas Pipeline Co)

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Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or, in the case of any Eurodollar Borrowing to be made on the Restatement Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) (i) in the case of an ABR Term Borrowing, not later than 10:00 a.m.2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing and (ii) in the case of an ABR Revolving Borrowing, not later than 2:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the BorrowerClass of such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (vi) the location and number of the Borrower’s account to which funds are to be disbursed., which shall comply with the requirements of Section 2.04, or, in the case of any ABR Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.22, the identity of the Issuing Bank that made such LC Disbursement; and (1vii) that as of the date of such Borrowing, all applicable conditions set forth in Section 4.02(a), Section 4.02(b) and, if applicable, Section 4.02(c) 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 Borrowing, then the applicable 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 2.03Section, 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 3 contracts

Samples: Restatement Agreement (Virtu Financial, Inc.), Restatement Agreement (Virtu Financial, Inc.), Restatement Agreement (Virtu Financial, Inc.)

Requests for Borrowings. To request a BorrowingBorrowing (other than a Borrowing for a Swingline Loan), the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonp.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. C. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.04: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07(a). 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a telephonic or written 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 3 contracts

Samples: Credit Agreement, Revolving Credit Agreement (Valero Energy Corp/Tx), Credit Agreement (Valero Energy Partners Lp)

Requests for Borrowings. To request a Revolving Loan Borrowing or Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrowers shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, 11:00 a.m. three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on 11:00 a.m. one Business Day before the date of the proposed Borrowing; provided that for any Eurodollar Borrowings to be made on the Effective Date, the Borrowers shall have provided prior to or concurrently with their telephonic Borrowing Request an indemnification letter for the benefit of the Administrative Agent and the Lenders for any costs incurred as set forth in Section 2.13 hereof, in form and substance satisfactory to the Administrative Agent. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy e-mail to the Administrative Agent of a written Borrowing Request substantially in substantially the form of Exhibit B I and signed by the CompanyBorrowers. Each such telephonic Borrowing Request and written Borrowing Request shall specify the following information in compliance with Section 2.022.2: (i) the Borrower; (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) whether such Borrowing is a Revolving Loan Borrowing or Term Loan Borrowing; and (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) If no election as to the Type of any Revolving Loan Borrowing is specified, then the requested Borrowing shall be a Eurodollar Borrowing with a one-month Interest Period, provided that (A) no Default or Event of Default shall have occurred and be continuing and (B) such Interest Period shall not extend beyond the Maturity Date, otherwise such Revolving Loan Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower Borrowers 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 2.03Section, 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 3 contracts

Samples: Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (ii) the Class of the requested Borrowing; (iii) the aggregate amount of such Borrowing; (iiiiv) the date of such Borrowing, which shall be a Business Day; (ivv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (vvi) in the case of any 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 (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. (1) . 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 applicable 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 relevant 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 3 contracts

Samples: Credit Agreement (El Paso Corp/De), Credit Agreement (Southern Natural Gas Co), Credit Agreement (El Paso Natural Gas Co)

Requests for Borrowings. (a) To request a BorrowingTranche A Term Borrowing or Revolving Borrowing (other than a Borrowing of a Foreign Currency Loan), the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Parent Borrower shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (bii) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyParent Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Tranche A 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; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Parent Borrower’s or the applicable Foreign Subsidiary Borrower’s, as the case may be, account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 Eurocurrency Borrowing, then the applicable Parent 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 2.032.03(a), 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. (b) To request a Foreign Currency Loan, the Parent Borrower shall notify the Foreign Currency Agent of such request, not later than 12:00 noon, Local Time, four Business Days prior to the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable and shall be hand delivered or sent by telecopy to the Foreign Currency Agent and such Borrowing Request shall be signed by the Parent Borrower. Each such written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the amount of Foreign Currency Loans to be borrowed; (ii) the date of such Borrowing, which shall be a Business Day; (iii) the Foreign Currency in which such Foreign Currency Loans will be denominated; (iv) the length of the initial Interest Period therefor; and (v) the location and number of the Parent Borrower’s or the applicable Foreign Subsidiary Borrower’s, as the case may be, account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06. If no Interest Period is specified with respect to any requested Borrowing of Foreign Currency Loans, then the Parent Borrower shall be deemed to have selected an Interest Period of three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03(b), the Administrative Agent shall advise each applicable Foreign Currency Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. On the date of each Borrowing, each applicable Foreign Currency Lender will make the amount of its share of such Borrowing available to the Foreign Currency Agent at the applicable office specified on the Administrative Schedule, prior to the time specified on the Administrative Schedule for the relevant Foreign Currency, in the relevant Foreign Currency in immediately available funds.

Appears in 3 contracts

Samples: Replacement Facility Amendment (Trimas Corp), Incremental Facility Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Requests for Borrowings. To request a Revolving Loan Borrowing or Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request request, which notice may be given by (A) telephone or (aB) a Borrowing Request; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Request. Each such notice must be received by the Administrative Agent (a)(x) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective 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 City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(g) may be given no later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 a written Borrowing Request in substantially the form of Exhibit B and shall be signed by the Companyapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) whether the Borrowerrequested Borrowing is to be a Term Loan Borrowing, a Revolving Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (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 2.06 or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(g), the identity of the Issuing Bank that made such LC Disbursement, and (1vii) 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 Eurocurrency Borrowing, then the applicable 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 2.03Section, 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 3 contracts

Samples: Credit Agreement (Endeavor Group Holdings, Inc.), Credit Agreement (Endeavor Group Holdings, Inc.), Credit Agreement (Endeavor Group Holdings, Inc.)

Requests for Borrowings. To request a BorrowingBorrowing (other than a Swingline Loan, which is requested pursuant to Section 2.04), the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Representative shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) signed by the Borrower Representative or by telephone (a) in the case of a Eurodollar LIBO Rate Borrowing, not later than 12:00 noon, New York City time1:00 p.m., three Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, two Business Days) before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR BorrowingBorrowing (including any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e)), not later than 10:00 a.m.1:00 p.m., New York City time, on one Business Day before the date of the proposed BorrowingBorrowing (or, in each case, such later time as shall be acceptable to the Administrative Agent). The Borrowers shall be deemed to have requested an ABR Borrowing (without being required to satisfy or being deemed to have satisfied the conditions in Section 4.02) on the fifth Business Day following the making of any Swingline Loan, the proceeds of which shall be applied by the Administrative Agent to repay such Loans. Each such telephonic Borrowing Request shall be irrevocable and and, if telephonic, 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 Request in substantially the form of Exhibit B and signed by a Responsible Officer of the CompanyBorrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the BorrowerClass of such Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (v) in the case of any Eurodollar a LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (vi) the location and number of the applicable Borrower’s account or any other designated account(s) to which funds are to be disbursed.disbursed (the “Funding Account”); and (1vii) the Borrower or Borrowers for such Borrowing. 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 applicable Borrower Borrowers 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 2.03Section, 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 (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, 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 City Chicago, Illinois time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City Chicago, Illinois time, on the date 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 or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any 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. (1) , 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 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 Amount 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 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Ellora Energy Inc), Credit Agreement (Ellora Energy Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Representative shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) by delivering a Borrowing Request signed by a Responsible Officer of the Borrower Representative or through Electronic System if arrangements for doing so have been approved by the Administrative Agent (or if an Extenuating Circumstance shall exist, by telephone) not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., New York time, on the date of such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and each such telephonic Borrowing Request, if permitted, shall be confirmed promptly immediately upon the cessation of the Extenuating Circumstance by hand delivery delivery, facsimile or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by a Responsible Officer of the CompanyBorrower Representative. Each such telephonic and written (or if permitted, telephonic) Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrowername of the applicable Borrower(s); (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) 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 applicable Borrower Borrower(s) 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 2.03Section, 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 (CSS Industries Inc), Credit Agreement (CSS Industries Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone hand delivery, facsimile or electronic transmission, which such notice shall be in the form of a written Borrowing Request signed by the Borrower (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of a Base Rate Borrowing or an ABR Adjusted Daily Simple SOFR Borrowing, not later than 10:00 11:00 a.m., New York City time, time on the date of the proposed Borrowing (provided, that in the case of an Adjusted Daily Simple SOFR Borrowing. Each , such telephonic day is a U.S. Government Securities Business Day); provided, however, that in exigent circumstances, in which such prior written notice is not possible or would be unduly burdensome such as severe weather storms or similar force majeure events that disrupt communications, Borrowing Request shall Requests may be irrevocable and shall be made by telephone notification, promptly confirmed promptly by hand delivery or telecopy to in the Administrative Agent form of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be a Base Rate Borrowing, an ABR Adjusted Daily Simple SOFR Borrowing or a Eurodollar Term SOFR Borrowing; (viv) in the case of any Eurodollar a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. 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 applicable 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 2.03Section, 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 2 contracts

Samples: Term Loan Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC)

Requests for Borrowings. To request a Revolving Loan Borrowing or Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request request, which notice may be given by (A) telephone or (aB) a Borrowing Request; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Request. Each such notice must be received by the Administrative Agent (a)(x) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective 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 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given no later than 2:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 a written Borrowing Request in substantially the form of Exhibit B and shall be signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) whether the Borrowerrequested Borrowing is to be a Term Loan Borrowing, a Revolving Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (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 2.06 or, in the case of any ABR Revolving Loan Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (1vii) 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 Eurocurrency Borrowing, then the applicable 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 2.03Section, 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 (Amc Entertainment Holdings, Inc.), Credit Agreement (Amc Entertainment Holdings, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar LIBOR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing; provided that (i) the Borrower may make only one request for a Borrowing in any single calendar month (it being understood that all Borrowings made by the Borrower on the same date shall be treated as a single request for a Borrowing for purposes of this limitation) and (ii) if any Lucent Lender has an Available Commitment at the time of such Borrowing and any portion of the proceeds of such Borrowing to be funded by such Lucent Lender would be required to be funded by such Lucent Lender other than as a credit against amounts owing to Lucent or an Affiliate of Lucent as provided in Section 2.04, then the applicable Borrowing Request shall be made not later than five Business Days before the date of the proposed Borrowing (in the case of a LIBOR Borrowing) or three Business Days before the date of the proposed Borrowing (in the case of an ABR Borrowing). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of such Borrowing and a reasonably detailed description of the use of the proceeds therefrom (and each written Borrowing Request shall attach copies of all invoices to be paid with such proceeds) and indicating the portion, if any, of such Borrowing that is financing the Purchase Price of any Third Party Products (as defined in the Supply Agreement); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be a LIBOR Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any Eurodollar a 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 (viv) the location and number of the Borrower’s account or accounts to which funds (if any) are to be disbursed. (1) , which shall comply with the requirements of Section 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 LIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender with an Available Commitment 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 (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc)

Requests for Borrowings. To request a Revolving Borrowing, Term Borrowing or Incremental Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing, provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrower;requested Borrowing is to be a Revolving Borrowing, Term Borrowing or Incremental Term Loan Borrowing. (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a 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”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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. 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 (Universal City Travel Partners), Credit Agreement (Universal City Travel Partners)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Representative shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar BorrowingEurocurrency Rate Borrowing denominated in Dollars, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or, or in the case of any Eurocurrency Rate Loan to be made on the Initial Funding Date, such shorter period of time as may be agreed to by the Administrative Agent), (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the day of the proposed Borrowing or (c) in the case of a Eurocurrency Rate Borrowing denominated in an Alternative Currency, not later than 11:00 a.m., Local Time, four Business Days before the date of the proposed BorrowingBorrowing (or, in the case of any Eurocurrency Rate Loan to be made on the Initial Funding Date, such shorter period of time as may be agreed to by the Administrative Agent). Each such telephonic Borrowing Request shall be be, in the case of Revolving Borrowings only, irrevocable and 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 in substantially the form of Exhibit B and signed by the CompanyRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the BorrowerBorrower of such Borrowing; (ii) whether the requested Borrowing is to be comprised of Term Loans of any Class and/or Series or Revolving Loans; (iii) the aggregate amount of such Borrowing; (iiiiv) the date of such Borrowing, which shall be a Business Day; (ivv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Rate Borrowing; (vvi) in the case of any Eurodollar a Eurocurrency Rate Borrowing, (x) the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period” and (y) the currency of such Borrowing; and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed. disbursed or, in the case of any Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f) (1) 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 BorrowingBorrowing denominated in Dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Rate Borrowing, then the applicable Borrower Representative 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 2.03Section, 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: Incremental Facility Agreement (Ingevity Corp), Credit Agreement (Ingevity Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Representative shall notify the Administrative Agent of such request in a written Borrowing Request signed by telephone the Borrower Representative and delivered by PDF or facsimile (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City Denver, Colorado time, three Business Days before the date of the proposed Borrowing, ; or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City Denver, Colorado time, one Business Day prior to the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 8:00 a.m., Denver, Colorado time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (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; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 Revolving Borrowing, then the applicable Borrower Borrower(s) 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 2.03Section, 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 (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone delivery (by hand delivery, facsimile or other electronic transmission) of a written Borrowing Request signed by the Borrower to the Administrative Agent (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or one Business Day in the case of any Term SOFR Borrowing to be made, continued or deemed made on the Effective Date), or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable upon delivery and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borrower; (ii) the aggregate amount and the currency of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Borrowing; (viv) in the case of any Eurodollar a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of the borrowing of Incremental DDTL Loans, shall (A) set forth the calculations required to demonstrate availability under Section 4.02; (B) designate the initial date(s) by which the borrowing of the Incremental DDTL Term Loans are to be made by any particular Incremental DDTL Lenders designated by Incremental DDTL Lenders holding at least sixty percent (60%) of the Incremental DDTL Commitments; and (C) designate the final date by which the borrowing of the Incremental DDTL Term Loans are to be made; and (vi) the location and number that, as of the Borrower’s account to which funds date of such Borrowing, the conditions set forth in Section 4.01(l) and (m) are to be disbursed. satisfied (1) other than, in respect of the Incremental DDTL Loans, any conditions that require the absence of any events that are Specified Defaults under the Forbearance Agreement). 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 Term SOFR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s three (3) months’ duration. 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 2 contracts

Samples: Forbearance Agreement and First Omnibus Amendment to Credit Agreement and Loan Documents (Endurant Capital Management LP), Forbearance Agreement and First Omnibus Amendment to Credit Agreement and Loan Documents (TENOR CAPITAL MANAGEMENT Co., L.P.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by (A) telephone; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Request Notice or (aB) delivering a Borrowing Request Notice, in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing or a LIBOR Market Index Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that no such notification 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 Borrowing Request and Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyirrevocable. Each such telephonic and written Borrowing Request and Borrowing Request Notice shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) whether such Borrowing is to be an ABR Borrowing, a LIBOR Market Index Borrowing or a Eurodollar Borrowing; (vd) in the case of any 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”; (e) the amount of the then effective Borrowing Base, the amount of the then effective Aggregate Elected Commitment Amount, 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 (vif) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , 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 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 Revolving Credit Exposures to exceed the total Commitments (i.e., the least of (x) the Aggregate Maximum Credit Amount, (y) the then effective Borrowing Base and (z) the Aggregate Elected Commitment Amount). 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 (Memorial Resource Development Corp.), Credit Agreement (Memorial Resource Development Corp.)

Requests for Borrowings. To request a Revolving Borrowing, 364-Day Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, 2:00 p.m. (New York City time, ) three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., 1:00 p.m. (New York City time, ) on the date of such proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e) may be given not later than 12:00 p.m. (New York City time) on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, e-mailed pdf (or telecopy similar electronic submission reasonably acceptable to the Administrative Agent) or facsimile to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. 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) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing, a Term Borrowing, a 364-Day 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; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (vi) the location and number of the Borrower’s account to which funds are to be disbursed.disbursed 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 (1vii) that as of such date Sections 4.02(a) and 4.02(b) are satisfied. 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 applicable 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 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 (Crown Castle International Corp), Credit Agreement (Crown Castle International Corp)

Requests for Borrowings. To request a Borrowing (other than a Swingline Borrowing), the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone submitting a written Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City Milwaukee time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City Milwaukee time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly in a written form approved by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 (Marcus Corp), Credit Agreement (Marcus Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrowers shall notify the Administrative Agent of such request by telephone telephone, fax (or transmit by electronic communication, 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 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on 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(f). Each such telephonic (or electronic communication) Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrowers. Each such telephonic telephonic, electronic communication, and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar BorrowingBorrowing and a Term Loan or a Revolving Loan; (viv) in the case of any 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 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 applicable Borrower’s 's account to which funds are to be disbursed. (1) If no election as to , which shall comply with the Type requirements 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.Section

Appears in 2 contracts

Samples: Senior Credit Agreement (Quest Resource Corp), Senior Credit Agreement (Quest Resource Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by (A) telephone; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Request Notice or (aB) delivering a Borrowing Request Notice, in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing or a LIBOR Market Index Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that no such notification 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 Borrowing Request and Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyirrevocable. Each such telephonic and written Borrowing Request and Borrowing Request Notice shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) whether such Borrowing is to be an ABR Borrowing, a LIBOR Market Index Borrowing or a Eurodollar Borrowing; (vd) in the case of any 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”; (e) the amount of the then effective Borrowing Base, the amount of the then effective Aggregate Elected Commitment Amount, 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); (f) certifying that the principal amount of such Borrowing plus the aggregate amount of cash and Cash Equivalents (other than Excluded Cash) of the Borrower and the Consolidated Restricted Subsidiaries at the time of such Borrowing (before giving effect thereto) does not exceed the Excess Cash Threshold; and (vig) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , 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 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 Revolving Credit Exposures to exceed the total Commitments (i.e., the least of (x) the Aggregate Maximum Credit Amount, (y) the then effective Borrowing Base and (z) the Aggregate Elected Commitment Amount). 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 (WildHorse Resource Development Corp), Credit Agreement (WildHorse Resource Development Corp)

Requests for Borrowings. To request a Revolving Loan Borrowing or Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request request, which notice may be given by (A) telephone or (aB) a Borrowing Request; provided that any telephone notice must be confirmed promptly by delivery to the Administrative Agent of a Borrowing Request. Each such notice must be received by the Administrative Agent (a)(x) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective 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 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given no later than 2:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 a written Borrowing Request in substantially the form of Exhibit B and shall be signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) whether the Borrowerrequested Borrowing is to be a Term Loan Borrowing, a Revolving Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (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 2.06 or, in the case of any ABR Revolving Loan Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement, and (1vii) 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 Eurocurrency Borrowing, then the applicable 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 2.03Section, 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: First Lien Credit Agreement (First Advantage Corp), First Lien Credit Agreement (First Advantage Corp)

Requests for Borrowings. To request a Borrowing, the Companyapplicable Borrower, on its own behalf or the Company on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City 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 11:00 a.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, Borrowing or (b) by telephone in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyapplicable Borrower, or the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the name of the applicable Borrower; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a 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”; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, 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 relevant 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 2.03Section, 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 (Brown & Brown Inc), Credit Agreement (Brown & Brown Inc)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request (a) in the case of a Eurodollar Term Benchmark Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable (provided that the Borrowing Request in respect of the initial Borrowings on the Closing Date, or in connection with any acquisition or other investment permitted under Section 6.04, may be conditioned on the closing of the Spin-Off or such acquisition or other investment, as applicable) and shall be confirmed promptly by hand delivery or telecopy electronic mail to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by a Financial Officer of the CompanyBorrower. 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 BorrowerClass of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the requested date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term Benchmark Borrowing; (v) in the case of any Eurodollar a 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”; 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 2.06(a), or, if the Borrowing is being requested to finance the reimbursement of an LC Disbursement in accordance with Section 2.05(e), the identity of the Issuing Bank that made such LC Disbursement; and (1vii) that as of such date Sections 4.03(a) and 4.03(b) are satisfied. If no election as to the Type of Borrowing is specified, then the then, requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Term Benchmark Borrowing, then the applicable 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 2.03Section, 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: Credit Agreement (ZimVie Inc.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.5:00 p.m. Local Time, New York City timeone Business Day before the date of the proposed Borrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided, that, (i) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an 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 BorrowingBorrowing and (ii) any such notice of an Incremental Revolving Borrowing or Incremental Term Loan Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such telephonic Borrowing Request shall be irrevocable (other than in the case of any notice given in respect of Incremental Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement) and shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrowerwhether such Borrowing is to be a Borrowing of Term Loans, Revolving Facility Loans, Refinancing Term Loans, Other Term Loans, Other Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which 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. (1) . If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Sun Country Airlines Holdings, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three five Business Days before the date of the proposed Borrowing; provided that, or except for Capitalized Borrowings, the Borrower may make only one request for a Borrowing in any single calendar month (b) in it being understood that all Borrowings made by the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, Borrower on the same date shall be treated as a single request for a Borrowing for purposes of the proposed Borrowingthis limitation). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of such Borrowing and the use of proceeds therefrom in accordance with Section 5.10 of the Common Agreement (and each written Borrowing Request shall attach (A) copies of the invoices to be paid with such proceeds, except to the extent such Borrowing is to be applied (1) to pay principal, fees and interest payable hereunder or (2) for working capital purposes and (B) irrevocable instructions from Vesper to the Collateral Agent in accordance with Section 5.01(h) of the Collateral Agency Agreement, instructing the Collateral Agent (1) to apply the proceeds of such Borrowing that are to be used to pay such invoices to pay such invoices promptly, and in any event within two Business Days of such Borrowing, and (2) to transfer the proceeds of such Borrowing that are to be applied to pay principal, interest or fees hereunder to the "Loan Repayment Account" as defined in the Collateral Agency Agreement); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be a LIBOR Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (iv) the Class of such Borrowing; (v) a certification of (A) the Borrowing Base as of the date of such Borrowing Request, calculated after giving effect to the application of the proceeds of such Borrowing, and (B) compliance with the conditions (including detailed calculations relating thereto) described in Sections 4.02(e) and 4.02(f) of the Common Agreement; (vi) a certification of the amount of proceeds of all Loans, after giving effect to the use of proceeds of such Borrowing, used for the purposes described in clauses (b), (c) and (e) of the first sentence of Section 5.10 of the Common Agreement; (vii) in the case of any Eurodollar a 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 (viviii) a certification (including detailed calculations relating thereto) that Vesper and the location Subsidiaries are in compliance, on a pro forma basis after giving effect to such Borrowing, with the covenants contained in Sections 6.17 and number 6.18 of the Borrower’s account Common Agreement as required pursuant to which funds are to be disbursed. (1Section 4.02(c) of the Common Agreement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If or if no Interest Period is specified with respect to any requested Eurodollar LIBOR Borrowing, then the applicable Borrower shall be deemed to have selected a LIBOR Borrowing with an Interest Period of three month's duration; provided, however, that, if such deemed selection shall result in there being outstanding more than six LIBOR Borrowings at such time, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationABR Borrowing. 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 (Velocom Inc)

Requests for Borrowings. To request a BorrowingBorrowing (other than a Swingline Loan), the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone or in writing (a) in the case of a Eurodollar Term SOFR Rate Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date day of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall be made (or, if telephonic, confirmed promptly promptly) by hand delivery or telecopy fax to the Administrative Agent of a an executed written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) in the case of a Revolving Credit Borrowing, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Rate Borrowing; (viv) in the case of any Eurodollar a Revolving Credit Borrowing that is to be a Term SOFR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account of the Company to which funds are to be disbursed. (1) disbursed or, in the case of any ABR Borrowing requested to finance the reimbursement of an LC Disbursement as provided in 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 Term SOFR Rate Borrowing, then the applicable Borrower Company 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 2.03Section, 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 1 contract

Samples: Credit Agreement (Essential Utilities, Inc.)

Requests for Borrowings. To request a Revolving Facility Borrowing and/or a Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone electronically (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m. Local Time, on the Business Day of the proposed Borrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided, that, (x) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 10:00 a.m., New York City timeLocal Time, on the date of the proposed BorrowingBorrowing and (y) any such notice of an Incremental Revolving Borrowing or Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such telephonic written Borrowing Request shall be irrevocable and 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 Request notice given in substantially respect of Incremental Commitments, which may be conditioned as provided in the form of Exhibit B and signed by the Companyapplicable Incremental Assumption Agreement). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrowerwhether 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 such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars); and (vivii) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (SeaWorld Entertainment, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone telephone, facsimile transmission or electronic mail (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and and, in the case of a telephonic Borrowing Request, shall be confirmed promptly by hand delivery delivery, facsimile transmission or telecopy electronic mail to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate principal amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) the amount of the then effective Credit Limit, the current Total Credit Exposure (without regard to the requested Borrowing) and the pro forma Total Credit Exposure (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) If no election as to , which shall comply with the Type requirements of Borrowing is specifiedSection 2.05, then or, in the requested Borrowing shall be case of an ABR Borrowing. If no Interest Period is specified with respect Borrowing requested to any requested Eurodollar Borrowing, then finance the applicable Borrower shall be deemed to have selected reimbursement of an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request LC Disbursement as provided in accordance with this Section 2.032.04(e), the Administrative Agent shall advise each Lender identity of the details thereof and of the amount of Issuing Bank that has made such Lender’s Loan to be made as part of the requested BorrowingLC Disbursement.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

Requests for Borrowings. To request a Borrowing, the Company, Company (on its own behalf or on behalf of the applicable Pipeline Company Borrower, ) shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by the Company (on its own behalf or on behalf of the applicable Borrower) promptly followed by telephonic confirmation of such request), not later than 11:00 a.m., Local Time, three (3) Business Days (in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in Dollars) or by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by such Borrower, or the Company on its behalf) not later than 12:00 noon, New York City time, three (3) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency), in each case before the date of the proposed Borrowing, Borrowing or (b) by telephone in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyCompany (on its own behalf or on behalf of the applicable Borrower). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the name of the applicable Borrower; (ii) the aggregate principal amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a 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”; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07(a). If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, 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 relevant 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 2.03Section, 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 (Heidrick & Struggles International Inc)

Requests for Borrowings. To request a Borrowingthat the Lenders make Loans on the Effective Date and on any Increase Date, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time11:00 a.m., three (3) Business Days before the date of the proposed Borrowing, Eurodollar Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one (1) Business Day before the date of the proposed ABR Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. 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 Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Senior Unsecured Term Credit Agreement (Exco Resources Inc)

Requests for Borrowings. To request a Revolving Borrowing, Tranche A-1 Term Borrowing or Tranche C-1 Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City 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 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business DayDay (and, in the case of Tranche A-1 Term Borrowings and Tranche C-1 Term Borrowings, shall be the Redemption Date); (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 (Advance Auto Parts Inc)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the CompanyBorrower or Mexico Borrower, on its own behalf or on behalf of the applicable Pipeline Company Borroweras applicable, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower or Mexico Borrower, as applicable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing, a Mexico Term Borrowing, a Tranche A Term Borrowing or a Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) subject to Section 2.02, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 or Mexico Borrower, as applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 of Canada LLC)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone telephone, email or facsimile request or by delivery of a written Borrowing Request not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonNoon, New York City time, three (3) Business Days before the date of the proposed Borrowing, in the case of Eurodollar Borrowings, or (b) 11:00 a.m. New York time on the same Business Day, in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingBorrowings. Each such telephonic telephonic, email or facsimile request not evidenced by delivery of a written Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of attached hereto as Exhibit B and signed by the Company. E. Each such telephonic and telephonic, email, facsimile or written Borrowing Request shall specify the following information in compliance with Section 2.02:: 733476286 14464587 (i) the Borroweraggregate amount of the requested Borrowing and whether the Borrowing is a Revolving Loan Borrowing or a Term Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viii) in the case of any Eurodollar BorrowingBorrowings, the initial Interest Period to be applicable theretoto such Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”; (iv) the amount of the then effective Borrowing Base and (for any requested Revolving Loan Borrowing, the current Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma Revolving 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. (1) If no election as to , which shall comply with the Type requirements of Borrowing is specifiedSection 2.05. In the case of Eurodollar Borrowings, then the requested Borrowing shall be an ABR Borrowing. If if no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Revolving Loan Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the Revolving Credit Exposures to exceed the Revolving Loan Limit then in effect. 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 1 contract

Samples: Credit Agreement (Sanchez Midstream Partners LP)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, Local 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 the Borrower) not later than 12:00 noon, Local Time, three (3) 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 telephone in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, three Business Days before on the date of the proposed Borrowing, or (b) in the case ; provided that any such notice of an ABR Borrowing, Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to a Responsible Officer of the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the BorrowerClass of the Borrowing and the aggregate principal amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (iv) in the case of a Revolving Eurocurrency Borrowing, the Agreed Currency; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, 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. 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 (Arcosa, Inc.)

Requests for Borrowings. To request a Each Borrowing, each conversion of Loans from one Type to the Companyother, on its own behalf or on behalf and each continuation of SOFR Loans shall be made upon irrevocable notice by the applicable Pipeline Company Borrower, shall notify Borrower to the Administrative Agent (provided that subject to the payment of any amounts required to be paid by the Borrower pursuant to Section 2.16, notices in respect of 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 acquisition, Investment or irrevocable repayment or redemption of Indebtedness). Each such notice must be in writing or by telephone (and promptly confirmed in writing) and must be received bycothnefAiddemnintiiastlrative Agent (by hand delivery, fax or other electronic transmission (inccluodninfigd“e.npdtfi”alor (i) three Business Days prior to the requested day of any Borrowing of,A conveArspioonlloto or continuation of SOFR Loans and (ii) on the requested date of any Borropwoinllgoof or cocnovnerfsiidonentotiAalBR Loans (or, in each case, such later time as shall be acceptable to thecoAndfmidineinsttraiatilve AnAkgietnht P(aoctlianvgaart athpeudirection of the Required Lenders)); provided, however, that if theABnokrirtohwPerowlaisvhaersatopu requeAstpSoOlFloR Loans having an Interest Period of other than one, three or six months in duratioAn pasoplrloovided Mar 1i2n,t2he02de4fi7ni:t5io5n PoMf “IEnDterTest Period,” (A) the applicable notice from the BorroweMr marus1t 2be, 2re0c2ei4ve7d:5by5tPheM EDT Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such Borrowing, conversion or continuation (or such later time as is acceptable to the Administrative Agent), whereupon the Administrative Agent shall give prompt notice to the appropriate Lenders of such request by telephone and determine whether the requested Interest Period is acceptable to them and (aB) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, noon three Business Days before the requested date of the proposed such Borrowing, conversion or (b) in continuation, the case of an ABR Borrowing, Administrative Agent shall notify the Borrower whether or not later than 10:00 a.m., New York City time, on the date of requested Interest Period has been consented to by all the proposed Borrowingappropriate Lenders. Each such written notice (or confirmation of telephonic notice) with respect to a Borrowing Request by the Borrower pursuant to this Section 2.03(a) shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy delivered to the Administrative Agent in the form of a written Borrowing Request in substantially the form of Exhibit B Request, appropriately completed and signed by a Responsible Officer of the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the BorrowerClass of such Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar SOFR confidential Borrowing;; Xxxxxx Xxxxxxxxxx Apollo Mar 12, 2024 7:55 PM EDT (v) in the case of any Eurodollar a SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disbursed. disbursed (1) If the “Funding Account”). If, in the case of any Dollar-denominated Borrowing, 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 applicable 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 The Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s the Loan to be made as part of the requested Borrowing (x) in the case of any ABR Borrowing, on the same Business Day of receipt of a Borrowing Request in accordance with this Section or (y) in the case of any SOFR Borrowing, no later than one Business Day following receipt of a Borrowing Request in accordance with this Section.

Appears in 1 contract

Samples: First Lien Credit Agreement

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Representative shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by the Borrower Representative or by telephone not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR a CBFR Borrowing, 1:00 p.m., New York time, on the date of the proposed Borrowing; provided that any such notice of a CBFR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrowername of the applicable Borrower(s); (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;; NAI-1500544456v14 41 (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR a CBFR Borrowing or a Eurodollar Borrowing;; and (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) 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 applicable Borrower Borrower(s) 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 2.03Section, 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 (Opko Health, Inc.)

Requests for Borrowings. To (a) The Borrower may request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify Borrowing by giving the Administrative Agent of such request by telephone a Borrowing Request, and giving each Lender a copy thereof, no later than (ai) in the case of a any Eurodollar BorrowingRate Loans or Conversion into or Continuation as Eurodollar Rate Loans, not later than 12:00 noon, 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 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy prior to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (ii) the aggregate amount of such Borrowing; (iii) the requested date of such Borrowingfunding, Conversion, or Continuation, which shall be a Business Day; , and (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (vii) in the case of any Eurodollar BorrowingAlternative Base Rate Loans or Conversion into or Continuation as Alternative Base Rate Loans, 12:00 p.m. New York time on the initial Interest Period to be applicable theretoBusiness Day of the requested date of such funding, Conversion, or Continuation, which shall be a period contemplated Business Day. Any Borrowing Request received by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) If no election as to the Type of Borrowing is specifiedAdministrative Agent or a Lender later than 12:00 p.m. New York time, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected been received thereby at the opening of business on the next Business Day. Each Borrowing Request shall be made by facsimile or other electronic means acceptable to the Administrative Agent, shall be signed by an Interest Period Authorized Officer and shall be effective upon receipt by the Administrative Agent and each of the Lenders. Subject to Section 3.03(c) of this Agreement, unless the Administrative Agent has received a written Notice of Declining Lender from one month’s duration. Promptly following or more Lenders prior to 5:00 p.m., New York time, one (1) Business Day prior to the Administrative Agent's receipt of a any Borrowing Request (in accordance with which event the provisions of Section 3.11 of this Section 2.03Agreement shall be applicable), each of the Lenders hereunder shall be obligated, regardless of whether it has affirmatively agreed to fund its Pro Rata Share of the related Revolving Borrowing, prior to 3:00 p.m., New York time, on the date such Revolving Loan is to be made, to make available to the Administrative Agent at the Administrative Agent's Principal Office, in immediately available funds, an amount equal to such Lender's Pro Rata Share of such Revolving Loan, multiplied by the amount of such Revolving Loan. After the Administrative Agent's receipt of such funds and upon fulfillment of all applicable conditions precedent in Article VI hereof, the Administrative Agent shall advise each Lender will make such funds available to the Borrower, no later than close of the details thereof and of business on that same Business Day, by crediting the amount of such Lender’s Borrowing to the account of the Borrower more fully described in Schedule 3.03 hereto (in which the Collateral Agent shall have been granted a first priority (subject to Permitted Liens) perfected security interest). (b) Each Borrowing Request shall be irrevocable and binding on the Borrower. The Borrower will indemnify each Lender against any loss, cost or expense incurred by such Lender as a result of any failure of the Borrower to fulfill, on or before the date requested for a Borrowing in the related Borrowing Request, the applicable conditions precedent thereto set forth in Article VI hereof, including any loss, cost or expense incurred by reason of the liquidation or reemployment of any deposits or other funds acquired by such Lender to fund any Loan to be made by such Lender as part of such Borrowing when such Loan, as a result of such failure, is not made on such date. (c) Unless the requested Administrative Agent has received a written Notice of Declining Lender from one or more Lenders in the form of Exhibit J prior to 5:00 p.m., New York time, one (1) Business Day prior to the Administrative Agent's receipt of any Borrowing Request, the Administrative Agent may assume that such Lender will make its portion of such Borrowing available to the Administrative Agent in accordance with Section 3.03(a) of this Agreement and the Administrative Agent may, in reliance on such assumption, cause to be distributed to the Borrower on such date the full amount of each of the Lenders' ratable portion of such Borrowing, and if such amount is not made available by any Lender as required pursuant to Section 3.03(a) of this Agreement, then with respect to such amounts that are unpaid for less than two (2) Business Days, the Administrative Agent will be entitled to recover such amount on demand from such Lender, together with interest thereon at the Federal Funds Rate and with respect to such amounts that are unpaid thereafter, the Administrative Agent will be entitled to recover such amount on demand from such Lender with interest thereon at the interest rate otherwise applicable to such Loan (including the Applicable Margin) pursuant to Section 3.07 of this Agreement and provided further that in the event such amount shall not be paid by such Lender within five (5) Business Days, the Borrower shall be required to either prepay such Lender's pro rata portion of such Loan in full with any additional compensation required pursuant to Section 5.05 of this Agreement or deposit Cash Collateral with the Administrative Agent in an aggregate amount equal to such Lender's pro rata portion of such Loan. (d) The failure of any Lender to make the Loan to be made by it as part of any Borrowing shall not relieve any other Lender of its obligation, if any, hereunder to make its Loan on the date of such Borrowing, but no Lender shall be responsible for the failure of any other Lender to make the Loan to be made by such other Lender on the date of any Borrowing.

Appears in 1 contract

Samples: Uncommitted Revolving Credit Agreement (Tesoro Corp /New/)

Requests for Borrowings. To request a Revolving ------------------------ Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing, provided that any such notice of an -------- ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e) may be given not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the Companyapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) in the case of a Borrowing requested by the Cayman Borrower, whether the requested Borrowing is to be a Revolving Borrowing or Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) subject to the proviso to the first sentence of Section 2.02(b), whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (vi) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 (Seagate Technology Holdings)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower ----------------------- shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing; provided that, or except for Interest Borrowings, the Borrower -------- may make only one request for a Borrowing in any single calendar month (b) in it being understood that all Borrowings made by the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, Borrower on the same date shall be treated as a single request for a Borrowing for purposes of the proposed Borrowingthis limitation). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of such Borrowing and the use of proceeds therefrom (and each written Borrowing Request shall attach copies of the invoices to be paid with such proceeds, except to the extent such Borrowing is to be applied to pay fees and interest payable hereunder); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be a LIBOR Borrowing or an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any Eurodollar a LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; andand --------------- (viv) if any proceeds of such Borrowing are to be applied to pay the purchase price of Permitted Third Party Payments, the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with Section 2. (1) 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Leap Wireless International Inc)

Requests for Borrowings. (a) To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (aa “Borrowing Notice”) (A) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York City time11:00 a.m. (Central Time), three Business Days before the date of the proposed Borrowing, or (bB) in the case of an ABR Adjusted Base Rate Borrowing, not later than 10:00 a.m.11:00 a.m. (Central Time), New York City time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request Notice in substantially the form of Exhibit B and signed by J in the Companycase of any Borrowing. Each such telephonic and written Borrowing Request Notice shall specify the following information in compliance with Section 2.02: 2.7: (i) the Borrower; Borrower requesting such Borrowing; (ii) the Type of the requested Borrowing; (iii) the aggregate amount of such Borrowing; ; (iiiiv) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; ; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.7. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Adjusted Base Rate 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. Promptly following receipt of a Borrowing Request Notice in accordance with this Section 2.03Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement. (b) Administrative Agent shall, as soon as practicable after receipt of a Borrowing Notice, determine the Adjusted LIBOR Rate applicable to the requested Eurocurrency Borrowing and inform the Borrower and Lenders of the same. Each determination of the Adjusted LIBOR Rate by Administrative Agent shall be conclusive and binding upon the Borrower in the absence of manifest error. (c) If the Borrower shall prepay a Eurocurrency Borrowing other than on the last day of the Interest Period applicable thereto, the Borrower shall be responsible to pay all amounts due to Lenders as required by Section 4.4 hereof. The Lenders shall not be obligated to match fund their Eurocurrency Borrowings. (d) The right of the Borrower to select the Adjusted LIBOR Rate and the Adjusted Base Rate for a Borrowing pursuant to this Agreement is subject to the availability to Lenders, as applicable, of a similar option. If Administrative Agent determines that (i) deposits of Dollars in an amount approximately equal to the Borrowing for which the Borrower wishes to select the Adjusted LIBOR Rate or Adjusted Base Rate are not generally available at such time in the London interbank eurodollar market, or (ii) the rate at which the deposits described in subsection (i) herein are being offered will not adequately and fairly reflect the costs to Lenders, as applicable, of maintaining an Adjusted LIBOR Rate or Adjusted Base Rate on a Borrowing or of funding the same in such market for such Interest Period, or (iii) reasonable means do not exist for determining an Adjusted LIBOR Rate or Adjusted Base Rate, or (iv) the Adjusted LIBOR Rate or Adjusted Base Rate would be in excess of the maximum interest rate which the Borrower may by law pay, then in any of such events, Administrative Agent shall so notify the Borrower and Lenders and notwithstanding anything herein to the contrary, such Borrowing shall bear interest at the Substitute Rate.

Appears in 1 contract

Samples: Unsecured Term Loan Agreement (First Industrial Realty Trust Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, a Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR BorrowingBorrowing or a Borrowing of a Term B-2 Loan, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic or email Borrowing Request shall be irrevocable and shall in the case of a telephonic request be confirmed promptly by hand delivery or telecopy email to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrowers. Each such telephonic and written Borrowing Request shall specify the following information (to the extent applicable, in compliance with Section 2.01 and Section 2.02:): (ia) whether the Borrowerrequested Borrowing is to be a Borrowing of a Term B-1 Loan, a Term B-2 Loan or an Incremental Term Loan; (iib) the aggregate amount of such Borrowing; (iiic) the requested date of such Borrowing, which shall be a Business Day; (ivd) in the case of a Term B-1 Loan, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (ve) in the case of any 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; (vif) 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 2.04(a); and (1g) that as of such date Section 3.02(a) and Section 3.02(b) are satisfied. If no election as to the Type of Borrowing of a Term B-1 Loan is specified, then the requested Borrowing shall be an ABR Borrowing; provided that all Borrowings of Term B-2 Loans shall be Fixed Rate Term Loans. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. All Loans hereunder shall be made in Dollars. 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: Credit Agreement (Sally Beauty Holdings, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand or facsimile) signed by the Borrower or by telephone (a) in the case of a Eurodollar LIBO Rate Borrowing, not later than 12:00 noon1:30 p.m., New York City time, three (3) Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, two (2) Business Days) before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR BorrowingBorrowing (including any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e)), not later than 10:00 a.m.2:30 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBO Rate Borrowing; (viv) in the case of any Eurodollar a LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disbursed. (1) . 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 applicable 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 2.03Section, 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 (Petco Holdings Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Applicable Borrower shall notify the Administrative Agent of such request by telephone (a) by telephonic notice in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed BorrowingBorrowing (or, with respect to Borrowings to be made on the Closing Date, such shorter time as the Administrative Agent may agree in its sole discretion) or (b) by telephonic notice in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy email to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyApplicable Borrower; provided that in respect of the 2015 Term Loans to be borrowed on the Closing Date and, the Incremental Term B-1 Loans to be borrowed on the Amendment No. 1 Effective Date, and the Second Amendment Refinancing Term Loans to be borrowed on the Amendment No. 2 Effective Date, any written Borrowing Request may be provided by the Borrower on a conditional basis (provided that (1) to the extent the Borrower does not borrow any Eurocurrency Loans set forth in such conditional Borrowing Request, the Borrower shall be required to compensate the Lenders under Section 2.13 for the losses, costs or expenses related thereto and (2) any such Borrowing Request shall be irrevocable once funding of the Borrowings has been initiated by the Administrative Agent), and such Borrowing Request may be provided no later than 2:00 pm, New York City Time, on the Business Day prior to such Borrowing. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) the Class of such Borrowing and whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (vd) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vie) the location and number of the Applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Applicable 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 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 (Horizon Pharma PLC)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Applicable Borrower shall notify the Administrative Applicable Agent of such request by telephone (a) in the case of a Eurodollar Facility A Eurocurrency Borrowing, not later than 12:00 noon1:30 p.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing, or (b) in the case of a Facility B Eurocurrency Borrowing, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing, (c) in the case of an ABR Borrowing, not later than 10:00 1:30 p.m., Local Time, one Business Day before the date of the proposed Borrowing and (d) in the case of a Yen Base Rate Borrowing, not later than 11:00 a.m., New York City timeLocal Time, on two Business Days before the date of the proposed Borrowing; provided that the initial Borrowing under Facility B may be requested at such time, not later than one Business Day prior to such Borrowing, as the Applicable Borrower and the Applicable Agent may agree upon (and such request, if the Applicable Agent shall so agree, may be submitted prior to the Effective Date). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Applicable Agent and signed by the CompanyApplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) if such Borrowing is a Facility A Borrowing, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any Eurodollar Eurocurrency Borrowing, the initial Interest Period and if such Borrowing is a Facility B Borrowing, whether such Borrowing is to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”Yen Base Rate Borrowing or a Eurocurrency Borrowing; and (viiv) the location and number of the Applicable Borrower’s 's account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.04. If no election as to the Type of a Facility A Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no election as to the Type of a Facility B Borrowing is specified, then the requested Borrowing shall be a Yen Base Rate Borrowing. If no Interest Period is specified with respect to any Eurocurrency Borrowing requested Eurodollar Borrowingor deemed to have been requested, then the applicable Applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03Section, the Administrative Applicable Agent shall advise each Lender Facility A or Facility B Lender, as the case may be, 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 (MTS Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone or by delivery of a written Borrowing Request in substantially the form of Exhibit B and signed by the Parent Guarantor and the Borrower (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on 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 Borrowing Request shall be irrevocable and each telephone request for a Borrowing shall be confirmed promptly by hand delivery delivery, email or telecopy facsimile to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyParent Guarantor and the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any 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) in the case of a Revolving Borrowing, the amount of the then effective Borrowing Base, the current total Revolving Credit Exposures (without regard to the requested Borrowing), the current total Term Loan Exposures and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); (vi) in the case of a Term Loan Borrowing, the amount of the then effective Borrowing Base, the current total Term Loan Exposures (without regard to the requested Borrowing), the current total Revolving Credit Exposures and the pro forma total Term Loan 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. (1) , 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 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 Revolving Borrowing shall not cause the total Revolving Credit Exposures to exceed the total Revolving Commitments (i.e., the lesser of the Aggregate Maximum Revolving 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 1 contract

Samples: Credit Agreement (Whiting Petroleum Corp)

Requests for Borrowings. (a) To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City timeLocal Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile or other electronic transmission to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written (including by facsimile or other electronic transmission) Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (viv) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s account account(s) to which funds are to be disbursed. (1) . 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. Promptly following receipt of a Borrowing Request in accordance with this Section 2.032.03(a), 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 (Verso Paper Holdings LLC)

Requests for Borrowings. To request funding of a Revolving Borrowing or Tranche C Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 2:00 p.m., New York City time, on the Business Day that is the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing or Tranche C Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) subject to the proviso to the fourth sentence of Section 2.02(c), whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) If no election as to , which shall comply with the Type requirements 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.Section

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Telcom Communications, Inc.)

Requests for Borrowings. To request a Borrowing, the Companyapplicable Borrower, on its own behalf or the Company on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City 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 11:00 a.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, Borrowing or (b) by telephone in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyapplicable Borrower, or the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the name of the applicable Borrower; (ii) the aggregate principal amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (v) in the case of any Eurodollar a 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”; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, 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 relevant 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 2.03Section, 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 (Watts Water Technologies Inc)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing (unless otherwise waived by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; PROVIDED that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing or Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; and"; (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed., which shall comply with the requirements of Section 2.06; and (1vii) in the case of a Revolving Borrowing, whether all or a portion of the proceeds of such Borrowing will be used to finance Permitted Acquisitions and, after giving effect to such Borrowing, the aggregate principal amount of outstanding Revolving Loans used to finance Permitted Acquisitions (which shall be determined as set forth in Section 2.11(f)). 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 (Wilmar Holdings Inc)

Requests for Borrowings. To request a Revolving Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, a Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request in accordance with Section 9.01(b) (a) in the case of a Eurodollar Term Benchmark Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly signed by hand delivery or telecopy a Responsible Officer of the applicable Borrower; provided that a Borrowing Request may state that such request is conditioned upon the effectiveness of other transactions specified therein, in which case such request may be revoked by the applicable Borrower by notice to the Administrative Agent on or prior to the date of a written the proposed Borrowing Request in substantially the form of Exhibit B and signed by the Companyif such condition is not satisfied. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrowername of the applicable Borrower(s); (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term Benchmark Borrowing; (v) in the case of any Eurodollar a 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”; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. 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 Term Benchmark Revolving Borrowing, then the applicable 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 2.03Section, 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. Notwithstanding the foregoing, in no event shall a Borrower be permitted to request pursuant to this Section 2.03 a Daily Simple SOFR Loan prior to a Benchmark Transition Event and Benchmark Replacement Date with respect to the Term SOFR Rate (it being understood and agreed that Daily Simple SOFR shall only apply to the extent provided in Sections 2.14(a) and 2.14(f)).

Appears in 1 contract

Samples: Credit Agreement (SJW Group)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by the Borrower or by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the 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; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) 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 applicable 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 2.03Section, 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 (ExlService Holdings, Inc.)

Requests for Borrowings. To Except with respect to Loans to be made on the Effective Date, to request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrowers shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyan Authorized Officer of each Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and account number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Borrower Borrowers 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 2.03Section, 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 (Gramercy Property Trust)

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 Companyother, on its own behalf or on behalf and each continuation of LIBO Rate Loans shall be made upon irrevocable notice by the applicable Pipeline Company Borrower, shall notify Borrower to the Administrative Agent of such request Agent, which may be given by (A) telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, or (bB) a Borrowing Request; provided that any telephonic notice must be promptly confirmed in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly writing by hand delivery or telecopy to the Administrative Agent of a Borrowing Request (provided that notices 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 closing of the Acquisition and (y) to be made in connection with any acquisition, investment or irrevocable repayment or redemption of Indebtedness may be conditioned on the closing of such Permitted Acquisition, permitted Investment or permitted irrevocable repayment or redemption of Indebtedness). Each such notice must be in the form of a Borrowing Request or Interest Election Request, as the case may be, appropriately completed and signed by a Responsible Officer of the Borrower or by telephone (and promptly confirmed by delivery of a written Borrowing Request in substantially the form of Exhibit B or Interest Election Request, appropriately completed and signed by a Responsible Officer of the Company. Each such telephonic Borrower) and written Borrowing Request shall specify must be received by the following information in compliance with Section 2.02: Administrative Agent (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) not later than (i) 1:00 p.m. three Business Days prior to the Borrower; requested day of any Borrowing of, conversion to or continuation of LIBO Rate Loans (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a or one Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) Day in the case of any Eurodollar BorrowingBorrowing of LIBO Rate Loans to be made on the Closing Date) and (ii) 11:00 a.m. on the requested date of any Borrowing of or conversion to ABR Loans (or, in each case, such later time as is reasonably acceptable to the initial Administrative Agent); provided, however, that if the Borrower wishes to request LIBO Rate Loans having an Interest Period to be applicable theretoof other than one, which shall be a period contemplated by two, three or six months in duration as provided in the definition of the term “Interest Period”; and ,” (viA) the location and number 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 Borrower’s account relevant Borrowing (or such later time as is reasonably acceptable to which funds are the Administrative Agent), conversion or continuation, whereupon the Administrative Agent shall give prompt notice to be disbursed. the appropriate Lenders of such request and determine whether the requested Interest Period is available to them and (1B) not later than 12:00 p.m. three Business Days before the requested date of the relevant Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower whether or not the requested Interest Period is available to the appropriate 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly 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 in accordance with this Section or (y) in the case of any LIBO Rate Borrowing, 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: First Lien Credit Agreement (Shift4 Payments, Inc.)

Requests for Borrowings. To request a Revolving Loan Borrowing or a Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, a Fixed Rate Borrowing or a Variable Rate Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing, provided that any such notice of a Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing, a Tranche D Term Loan Borrowing or an Incremental Loan Borrowing (including, if applicable, the respective Series of Incremental Loans to which such Borrowing relates); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an a Eurodollar Borrowing, ABR Borrowing, Variable Rate Borrowing or a Eurodollar Fixed Rate Borrowing; (v) in the case of any a Eurodollar Borrowing or Fixed 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 (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.05. If no election as to the Type of Borrowing is specifiedspecified for a Revolving Loan or a Tranche B Term Loan, then the requested Borrowing shall be an ABR Borrowing. If no election as to the Type of Borrowing is specified for a Tranche C Term Loan or a Tranche D Term Loan, then the requested Borrowing shall be a Variable Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no Interest Period is specified with respect to any requested Fixed Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one year’s duration. 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. Notwithstanding the foregoing, the Types and (if applicable) durations of Interest Periods for the initial Borrowings hereunder shall be as specified in the Borrowing Request delivered pursuant to Section 4.01(m).

Appears in 1 contract

Samples: Credit Agreement (Iowa Telecommunications Services Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone delivery (by hand delivery, facsimile or other electronic transmission) of a written Borrowing Request signed by the Borrower to the Administrative Agent (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (or one Business Day in the case of any Term SOFR Borrowing to be made, continued or deemed made on the Effective Date), or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable upon delivery and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borrower; (ii) the aggregate amount and the currency of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Borrowing; (viv) in the case of any Eurodollar a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of the borrowing of Incremental DDTL Loans, shall (A) set forth the calculations required to demonstrate availability under Section 4.02; (B) designate the initial date(s) by which the borrowing of the Incremental DDTL Term Loans are to be made by any particular Incremental DDTL Lenders designated by Incremental DDTL Lenders holding at least sixty percent (60%) of the Incremental DDTL Commitments; and (C) designate the final date by which the borrowing of the Incremental DDTL Term Loans are to be made; and (vi) the location and number that, as of the Borrower’s account to which funds date of such Borrowing, the conditions set forth in Section 4.01(l) and (m) are to be disbursed. satisfied (1) other than, in respect of the Incremental DDTL Loans, any conditions that require the absence of any events that are Specified Defaults under the Forbearance Agreement). 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 Term SOFR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s three (3) months’ duration. 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: Forbearance Agreement and First Omnibus Amendment to Credit Agreement and Loan Documents (DG Capital Management, LLC)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone or in writing (a) in the case of a Eurodollar Term Benchmark Borrowing, not later than 12:00 noonp.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR BorrowingBorrowings, not later than 10:00 1:00 p.m11:00 a.m., New York City time, three Business Days before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy (or other facsimile transmission or by electronic mail) to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B B-1 attached hereto and signed by a Responsible Officer of the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2 and Section 2.3: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term Benchmark Borrowing; (viv) in the case of any Eurodollar a 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”; and (viv) the location and number of the Borrower’s account or accounts of the Borrower to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.6, or, in the case of any Loan requested to finance the reimbursement of drawing under a Letter of Credit as provided in Section 2.4(d), the identity of the Issuing Bank that has honored such drawing. If no election as to the Type of Borrowing is specifiedspecified with respect to Revolving Loans, 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 applicable 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 2.03Section, 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: Revolving Credit and Guaranty Agreement (Coupang, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone telephone, email or facsimile request or by delivery of a written Borrowing Request not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonNoon, New York City time, three (3) Business Days before the date of the proposed Borrowing, in the case of Eurodollar Borrowings, or (b) 11:00 a.m. New York time on the same Business Day, in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingBorrowings. Each such telephonic telephonic, email or facsimile request not evidenced by delivery of a written Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of attached hereto as Exhibit B and signed by the Company. E. Each such telephonic and telephonic, email, facsimile or written Borrowing Request shall specify the following information in compliance with Section 2.02:: 715347206 14464587 (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viii) in the case of any Eurodollar BorrowingBorrowings, the initial Interest Period to be applicable theretoto such Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”; (iv) the amount of the then effective Borrowing Base, the current Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma Revolving 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. (1) If no election as to , which shall comply with the Type requirements of Borrowing is specifiedSection 2.05. In the case of Eurodollar Borrowings, then the requested Borrowing shall be an ABR Borrowing. If if no Interest Period is specified with respect to any requested Eurodollar 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 Revolving Credit Exposures to exceed the lesser of the Aggregate Maximum Credit Amount and the then effective Borrowing BaseLoan Limit then in effect. 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 1 contract

Samples: Credit Agreement (Sanchez Production Partners LP)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request (a) in the case of a Eurodollar BorrowingTerm SOFR Borrowing denominated in dollars, not later than 12:00 noon1:00 p.m., New York City time, three Business U.S. Government Securities Days before the date of the proposed Borrowing, or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the Business Day of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e) may be given not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing; provided, further, that, notwithstanding the foregoing, the Borrowing Request for any Borrowing to be made on the Closing Date shall be submitted not later than 1:00 p.m., New York City time, on the Business Day immediately prior to the anticipated Closing Date (or such later time as the Administrative Agent may agree in its sole discretion). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by a Responsible Officer of the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower;aggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day;Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;Term SOFR Borrowing; (viv) in the case of any Eurodollar a Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; Period”; (v) the Class of the requested Borrowing; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 Term SOFR Borrowing, then the applicable 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 2.03Section, 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 (Masimo Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar EurodollarTerm SOFR Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three Business Days (or, in the case of a EurodollarTerm SOFR Borrowing on the Closing Date, two Business Days) before the date of the proposed Borrowing, (b) in the case of a Foreign Currency Borrowing (other than a Foreign Currency Borrowing denominated in Yen), not later than 1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, (c) in the case of a Foreign Currency Borrowing denominated in Yen, not later than 1:00 p.m., New York City time, four Business Days before the date of the proposed Borrowing or (bd) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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, and any notice of a Swingline Loan Borrowing shall be made in accordance with Section 2.05(b). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B E or such other form approved by the Administrative Agent (each, a “Borrowing Request”) and signed by the Companyapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing, and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, a EurodollarTerm SOFR Borrowing or a Eurodollar Foreign Currency Borrowing, and, if applicable, the Designated Foreign Currency applicable thereto; (viv) in the case of any Eurodollar Borrowinga EurodollarTerm SOFR Borrowing or a Foreign Currency Borrowing (other than a Foreign Currency Borrowing denominated in an RFR Currency), the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 BorrowingEurodollarTerm SOFR Borrowing or Foreign Currency Borrowing (other than a Foreign Currency Borrowing denominated in an RFR Currency), then the applicable 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 2.03Section, 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: Revolving Credit and Term Loan Agreement (Cooper Companies, Inc.)

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Requests for Borrowings. To request a Revolving Borrowing, 364-Day Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar EurodollarTerm Benchmark Borrowing, not later than 12:00 noon, 2:00 p.m. (New York City time, ) three U.S. Government Securities Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., 1:00 p.m. (New York City time, ) on the date of such proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e) may be given not later than 12:00 p.m. (New York City time) on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, e-mailed pdf (or telecopy similar electronic submission reasonably acceptable to the Administrative Agent) or facsimile to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. 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) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing, a Term Borrowing, a 364-Day 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; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar EurodollarTerm Benchmark Borrowing; (v) in the case of any Eurodollar a EurodollarTerm Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (vi) the location and number of the Borrower’s account to which funds are to be disbursed.disbursed 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 (1vii) that as of such date Sections 4.02(a) and 4.02(b) are satisfied. 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 EurodollarTerm Benchmark Borrowing, then the applicable 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 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 (Crown Castle International Corp)

Requests for Borrowings. (a) To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone or e-mail (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.2:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request or e-mail borrowing request shall be irrevocable and shall be confirmed promptly by no later than 3:00 p.m., New York City time, on the date of such request by hand delivery delivery, e-mail or telecopy facsimile to the Administrative Agent of a copy of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic or e-mail borrowing request and written Borrowing Request shall specify the following information in compliance with Section 2.022.2: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a Revolving Borrowing, a Delayed Draw Term Borrowing or an Add-on Term Borrowing; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.4. (1b) 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 applicable 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 2.03Section, 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 and Guarantee Agreement (General Communication Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any 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 Borrower requesting such Borrowing; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.06(a). 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 applicable 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 2.03Section, 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 (Benchmark Electronics Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Term SOFR Rate Borrowing or a Quoted Rate Borrowing, not later than 12:00 noon11:00 a.m., New York City Denver, Colorado time, three two Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing or a Daily Simple SOFR Rate Borrowing, not later than 10:00 11:00 a.m., New York City Denver, Colorado time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly made by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, a Daily Simple SOFR Rate Borrowing, a Term SOFR Rate Borrowing or a Eurodollar Quoted Rate Borrowing; (viv) in the case of any Eurodollar (x) a Term SOFR 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 (y) a Quoted Rate Borrowing, the interval for Interest Payment Dates and the Quoted Rate with respect thereto, each as agreed to among the Administrative Agent, the Company and the Lenders; and (viv) the location and number of the BorrowerCompany’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 Term SOFR Rate Borrowing, then the applicable Borrower Company 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 2.03Section, 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 Agreement (Tyson Foods, Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone in writing (a) in the case of a Eurodollar EurodollarSOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed BorrowingBorrowing (or, in the case of any EurodollarSOFR Borrowing to be made on the Closing Date, one (1) Business Day) or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly signed by hand delivery the Borrower substantially in the form of Exhibit S; provided that a Borrowing Request may state that such Borrowing Request is conditioned upon the occurrence of some other identifiable event or telecopy condition, including, but not limited to, the Acquisition, in which case such Borrowing Request may be revoked by the Borrower (by written notice to the Administrative Agent on or prior to the date of a written such Borrowing Request in substantially pursuant to the form of Exhibit B and signed by the CompanyBorrowing Request) if such condition is not satisfied. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: information: (i) whether the Borrower; requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate principal amount of such Borrowing; ; (iii) the date of such Borrowing, which shall be a Business Day; ; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar EurodollarSOFR Borrowing; ; (v) in the case of any Eurodollar a EurodollarSOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.;

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Requests for Borrowings. To request a Working Capital ----------------------- Borrowing or a Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone delivering a Borrowing Request to the Administrative Agent (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that -------- any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:: ------------ (ia) whether the Borrowerrequested Borrowing is to be a Working Capital Borrowing, a Term A Loan Borrowing, a Term B Loan Borrowing, a Term C Loan Borrowing and/or a Term D Loan Borrowing; (iib) the aggregate amount of such the requested Borrowing; (iiic) the date of such Borrowing, which shall be (A) in the case of Term Loans, a Borrowing Date and (B) in the case of Working Capital Loans, a Business Day; (ivd) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (ve) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) ". 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s durationABR Borrowing. 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 's Loan to be made as part of the requested Borrowing. With respect to Term D Loans, the Borrower shall, at the end of the Availability Period for Term D Loans (after notice from the Administrative Agent), deliver an irrevocable Borrowing Request for the entire amount of the Term D Loan Commitment.

Appears in 1 contract

Samples: Credit Agreement (Globenet Communications Group LTD)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower or by telephone or through Electronic System if arrangements for doing so have been approved by the Administrative Agent, not later than (a) (i) in the case of a Eurodollar Term Benchmark Borrowing, 12:00 noon, Houston, Texas time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing or (ii) in the case of an RFR Borrowing, not later than 12:00 noon, New York City Houston, Texas time, three five (5) U.S. Government Securities Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City Houston, Texas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., Houston, Texas time, on the date of such proposed Borrowing. Each such Borrowing Request shall be irrevocable and each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by a Responsible Officer of the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the 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; (iviii) whether such Borrowing is to be an ABR Borrowing, a Term Benchmark Borrowing or a Eurodollar or, if applicable, an RFR Borrowing;; and (viv) in the case of any Eurodollar a 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”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 Benchmark Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender 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 (Cactus, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone telephone, email or facsimile request or by delivery of a written Borrowing Request not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonNoon, New York City time, three (3) Business Days before the date of the proposed Borrowing, in the case of SOFR Borrowings, or (b) 11:00 a.m. New York time on the same Business Day, in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingBorrowings. Each such telephonic telephonic, email or facsimile request not evidenced by delivery of a written Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of attached hereto as Exhibit B and signed by the Company. E. Each such telephonic and telephonic, email, facsimile or written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing and whether the Borrowing is a Revolving Loan Borrowing or a Term Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viii) in the case of any Eurodollar BorrowingSOFR Borrowings, the initial Interest Period to be applicable theretoto such Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”; (iv) for any requested Revolving Loan Borrowing, the current Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma Revolving 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. (1) If no election as to , which shall comply with the Type requirements of Borrowing is specifiedSection 2.05. In the case of SOFR Borrowings, then the requested Borrowing shall be an ABR Borrowing. If if no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Revolving Loan Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the Revolving Credit Exposures to exceed the Maximum Revolving Credit Amount then in effect. 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 LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Evolve Transition Infrastructure LP)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing (unless otherwise waived by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; PROVIDED that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested 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; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any 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"; andPROVIDED that (A) in the case of any Eurodollar Borrowing that is an Initial Term Loan, the initial Interest Period shall be one month and (B) in the case of any Eurodollar Borrowing that is a Delayed Draw Term Loan, the initial Interest Period shall be determined by the Administrative Agent in consultation with the Borrower; (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 2.06; and (1vii) in the case of a Revolving Borrowing, whether all or a portion of the proceeds of such Borrowing will be used to finance Permitted Acquisitions and, after giving effect to such Borrowing, the aggregate principal amount of outstanding Revolving Loans used to finance Permitted Acquisitions (which shall be determined as set forth in Section 2.11(f)). 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 (Interline Brands, Inc./De)

Requests for Borrowings. To request a Revolving Borrowing or the initial Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City Los Angeles, California time, three (3) Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City Los Angeles, California time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing or the Term Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 applicable 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 2.03Section, 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 Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone or electronic communication (ai) in the case of a Borrowing consisting of Eurodollar BorrowingLoans, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, Borrowing or (bii) in the case of an a Borrowing consisting of ABR BorrowingLoans, not later than 10:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. Each such telephonic or electronically delivered Borrowing Request shall be irrevocable and shall be confirmed promptly (but in any event on the same day) by hand delivery delivery, telecopy, or telecopy electronic communication to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (vd) in the case of any a Borrowing consisting of a Eurodollar BorrowingLoan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vie) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Equitrans Midstream Corp)

Requests for Borrowings. To request a Borrowing, except as otherwise provided with respect to Loans to be made pursuant to Section 2.04(e), the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, or (b) in the case of an any ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date Business Day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent at its office set forth in Section 8.01 of a written Notice of Borrowing Request in substantially the form of Exhibit B and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the BorrowerCompany’s account to which funds are to be disbursed. (1) , 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 applicable Borrower Company 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 2.03Section, 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 (Polyone Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf Borrower or on behalf of the applicable Pipeline Company Borrower, any Designated Subsidiary Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile (or in any other manner approved pursuant to Section 9.01(b)) to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower or any Designated Subsidiary Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s or the relevant Designated Subsidiary Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Borrower or the relevant Designated Subsidiary 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 2.03Section, 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: 364 Day Revolving Credit Facility (MF Global Ltd.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone telephone, fax (or transmit by electronic communication, 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 noon, New York City time, three (3) Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on 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 2.09(e). Each such telephonic (or electronic communication) Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic telephonic, electronic communication, and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any 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 amount of the Consolidated Cash Balance (without regard to the requested Borrowing), the pro forma amount of the Consolidated Cash Balance (giving effect to the requested Borrowing), 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. (1) , 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 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 Revolving Credit Exposures to exceed (i) the total Commitments and (ii) the “Priority Lien Cap” (as defined in the Existing Intercreditor Agreement). 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 1 contract

Samples: Senior Secured Revolving Credit Agreement (Halcon Resources Corp)

Requests for Borrowings. (a) To request a BorrowingCash Flow Revolving Facility Borrowing or a Borrowing of Other Cash Flow Revolving Loans, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 1:00 p.m., Local Time, on the date of the proposed Borrowing; provided that any such notice of an ABR Cash Flow Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 10:00 a.m., New York City timeLocal Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written (including by facsimile or other electronic transmission) Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrowerwhether such Borrowing is to be a Borrowing of Cash Flow Revolving Facility Loans or Other Cash Flow Revolving Loans; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 applicable 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 2.03Section, 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 (Verso Paper Corp.)

Requests for Borrowings. (a) To request a Revolving Facility Borrowing, (i) with respect to any initial ABR Borrowing on the Closing Date, the Borrower shall deliver to the Administrative Agent a Borrowing Request not later than 2:00 p.m., New York City time, one Business Day before the anticipated Closing Date, requesting that the Lenders make the Loans on the Closing Date and (ii) with respect to any other Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (aA) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (bB) in the case of an ABR Borrowing, not later than 10:00 a.m.2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 12:00 noon, New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy e-mail to the Administrative Agent of a written Borrowing Request substantially in substantially the form of Exhibit B D-1 and signed by a Responsible Officer of the Company. Borrower. (b) Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing, which amount shall not exceed Availability; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (viv) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and number of the Borrower’s Borrower Parties’ account to which funds are to be disbursed. (1) 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 applicable 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 Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Stores, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, Company (on its own behalf or on behalf of the applicable Pipeline Company Borrower, ) shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by the Company (on its own behalf or on behalf of the applicable Borrower) promptly followed by telephonic confirmation of such request), not later than 11:00 a.m., Local Time, three (3) Business Days (in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in Dollars) or by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by such Borrower, or the Company on its behalf) not later than 12:00 noon, New York City time, three (3) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency), in each case before the date of the proposed Borrowing, Borrowing or (b) by telephone in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyCompany (on its own behalf or on behalf of the applicable Borrower). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the name of the applicable Borrower; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (v) in the case of any Eurodollar a 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”; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07(a). If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, 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 relevant 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 2.03Section, 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: Amendment and Restatement Agreement (Heidrick & Struggles International Inc)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing or Term Borrowing and, in the case of a Revolving Borrowing, whether such Borrowing is to be made under Section 2.01(a) or 2.01(b) (and, if such Borrowing is to be made under Section 2.01(b), the Foreign Borrower Supplement pursuant to which such Borrowing is to be made); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any 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"; (vi) the Borrower requesting such Borrowing; and (vivii) 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 (1) a). 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 applicable requesting Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each Lender or Fronting Lender, as the case may be, 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 (Benchmark Electronics Inc)

Requests for Borrowings. To request a Borrowing, the Company, Company (on its own behalf or on behalf of the any other applicable Pipeline Company Borrower, ) shall notify the Administrative Paying Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon10:30 a.m., New York City time, three Business Days before the date of the proposed Borrowing, or (b) in the case of an ABR Borrowing, not later than 10:00 10:30 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy electronic transmission to the Administrative Paying Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Company. A. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02SECTION 2.2.: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (viv) in the case of any Eurodollar a 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 location and number of the account of the Company or the other applicable Borrowers to which funds are to be disbursed, which shall comply with the requirements of SECTION 2.6. (a); and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) . If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing with an Interest Period of one month if such Borrowing is requested at least three Business Days prior to the date of such proposed Borrowing or an ABR BorrowingBorrowing otherwise. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the applicable Borrower Company 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 2.03Section, the Administrative Paying 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: 364 Day Revolving Credit Facility Agreement (Bristol Myers Squibb Co)

Requests for Borrowings. (a) To request a Revolving Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurodollar LIBOR Borrowing, not later than 12:00 noon11:00 a.m., New York City Charlotte, North Carolina 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 a.m., Charlotte, North Carolina time, the date of the proposed Borrowing (or in the case of the initial Borrowing, on the Effective Date); provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e) may be given not later than 10:00 a.m., New York City Charlotte, North Carolina time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iiA) the aggregate amount of such the requested Borrowing; (iiiB) the date of such Borrowing, which shall be a Business Day; (ivC) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Borrowing; (vD) in the case of any Eurodollar a 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 (viE) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. 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 LIBOR Revolving Borrowing, then the applicable 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 2.03Section, the Administrative Agent shall advise each Revolving Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing. (b) To request a Term Borrowing, the Borrower shall notify the Administrative Agent of such request (i) in the case of a LIBOR Borrowing, not later than 11:00 a.m., Charlotte, North Carolina time, three Business Days before the date of the proposed Borrowing or (ii) in the case of an ABR Borrowing, not later than 11:00 a.m., Charlotte, North Carolina time, the date of the proposed Borrowing (or in the case of the initial Borrowing, on the Effective Date). The written Borrowing Request shall specify the following information in compliance with Section 2.02: (A) the aggregate amount of the requested Borrowing; (B) the date of such Borrowing, which shall be a Business Day; (C) whether such Borrowing is to be an ABR Borrowing or a LIBOR Borrowing; (D) in the case of a 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 (E) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Term Borrowing is specified, then the requested Term Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested LIBOR Term Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Term Lender of the details thereof and the amount of such Lender’s Term Loan to be made as part of the requested Borrowing. (c) Notwithstanding anything in this Agreement to the contrary, only ABR Loans shall be available for Borrowing on the Effective Date and for the first two days thereafter.

Appears in 1 contract

Samples: Credit Agreement (Radio One Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, a Borrower shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by such Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon10:00 a.m., New York City 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 in a form approved by the Administrative Agent and signed by such Borrower) not later than three (3) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency or a Borrowing of CDOR Loans), in each case before the date of the proposed BorrowingBorrowing (or, with respect to Borrowings to be made on the Closing Date, such shorter time as the Administrative Agent may agree in its sole discretion) or (b) by telephone in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the Companyapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) the Class of such Borrowing and whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing or a Eurodollar Borrowing of CDOR Loans and, if such Borrowing is a Revolving Borrowing, whether such Borrowing is to be a Dollar Tranche Revolving Borrowing or Multicurrency Tranche Revolving Borrowing; (vd) in the case of any Eurodollar a Eurocurrency Borrowing, the Agreed Currency (which shall comply with the limitation set forth in Section 2.01(c)(iv)) and initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vie) the location and number of the applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then then, (x) in the case of a Borrowing denominated in Dollars, the requested Borrowing shall be an ABR BorrowingBorrowing and (y) in the case of a Borrowing denominated in Canadian Dollars, the requested Borrowing shall be a Borrowing of CDOR Loans. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing or a Borrowing of CDOR Loans, then the applicable 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 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 (Endo International PLC)

Requests for Borrowings. (a) To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (aa “Borrowing Notice”) (A) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York City time11:00 a.m. (Central Time), three Business Days before the date of the proposed Borrowing, or (bB) in the case of an ABR Adjusted Base Rate Borrowing, not later than 10:00 a.m.11:00 a.m. (Central Time), New York City time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request Notice in substantially the form of Exhibit B and signed by J in the Companycase of any Borrowing. Each such telephonic and written Borrowing Request Notice shall specify the following information in compliance with Section 2.02: 2.7: (i) the Borrower; Borrower requesting such Borrowing; (ii) the Type of the requested Borrowing; (iii) the aggregate amount of such Borrowing; ; (iiiiv) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; ; (v) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.7. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Adjusted Base Rate 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. Promptly following receipt of a Borrowing Request Notice in accordance with this Section 2.03Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement (or, with respect to disbursement of funds on the Closing Date, as otherwise directed by Borrower in writing to Administrative Agent). (b) Administrative Agent shall, as soon as practicable after receipt of a Borrowing Notice, determine the Adjusted LIBOR Rate applicable to the requested Eurocurrency Borrowing and inform the Borrower and Lenders of the same. Each determination of the Adjusted LIBOR Rate by Administrative Agent shall be conclusive and binding upon the Borrower in the absence of manifest error. (c) If the Borrower shall prepay a Eurocurrency Borrowing other than on the last day of the Interest Period applicable thereto, the Borrower shall be responsible to pay all amounts due to Lenders as required by Section 4.4 hereof. The Lenders shall not be obligated to match fund their Eurocurrency Borrowings. (d) The right of the Borrower to select the Adjusted LIBOR Rate and the Adjusted Base Rate for a Borrowing pursuant to this Agreement is subject to the availability to Lenders, as applicable, of a similar option. If Administrative Agent determines that (i) deposits of Dollars in an amount approximately equal to the Borrowing for which the Borrower wishes to select the Adjusted LIBOR Rate or Adjusted Base Rate are not generally available at such time in the London interbank eurodollar market, or (ii) the rate at which the deposits described in subsection (i) herein are being offered will not adequately and fairly reflect the costs to Lenders, as applicable, of maintaining an Adjusted LIBOR Rate or Adjusted Base Rate on a Borrowing or of funding the same in such market for such Interest Period, or (iii) reasonable means do not exist for determining an Adjusted LIBOR Rate or Adjusted Base Rate, or (iv) the Adjusted LIBOR Rate or Adjusted Base Rate would be in excess of the maximum interest rate which the Borrower may by law pay, then in any of such events, Administrative Agent shall so notify the Borrower and Lenders and notwithstanding anything herein to the contrary, such Borrowing shall bear interest at the Substitute Rate.

Appears in 1 contract

Samples: Unsecured Term Loan Agreement (First Industrial Realty Trust Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing (other than a Swing Line Borrowing), not later than 10:00 a.m., New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested Borrowing is to be a Revolving Borrowing or Term Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) , 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 (other than a Swing Line Borrowing). If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable 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 2.03Section, 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 (Sinclair Broadcast Group Inc)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or fax) in substantially the form of Exhibit F and signed by the Borrower or by telephone (such request a “Borrowing Request”) (a) in the case of a Eurodollar BorrowingEurocurrencyTerm SOFR Borrowing denominated in Dollars, not later than 12:00 noon10:00 a.m., New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing; provided that, in the case of a Eurocurrency Borrowing in Dollars to be funded on the Effective Date, not later than 10:00 a.m., New York City time, one Business Day before the Effective Date, (b) in the case of a Daily Simple RFR Borrowing or Term RFR Borrowing denominated in an Alternative Currency, not later than 10:00 a.m., New York City time, four Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing, not later than 12:00 p.m., New York City time, on the date of the proposed Borrowing; provided, that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, fax or electronic delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borrower; (iia) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) whether such Borrowing is to be an ABR Borrowing, Daily Simple RFR Borrowing, Term RFR Borrowing or a Eurodollar EurocurrencyTerm SOFR Borrowing; (vd) the currency of the Loans to be borrowed; and (e) in the case of any Eurodollar a EurocurrencyTerm SOFR Borrowing or Term RFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) 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 EurocurrencyTerm SOFR Borrowing or Term RFR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified with respect to any Borrowing, then the Borrowings so requested shall be made in Dollars. 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 LenderXxxxxx’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Integral Ad Science Holding Corp.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request (a) in the case of a Eurodollar EurodollarSOFR Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by a Responsible Officer of the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: : (i) the Borrower; aggregate principal amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; ; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar EurodollarSOFR Borrowing; ; (viv) in the case of any Eurodollar a EurodollarSOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and and (viv) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 EurodollarSOFR Borrowing, then the applicable 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 2.03Section, 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. SECTION 2.04.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing or LIBOR Daily Revolving Borrowing, not later than 1:00 p.m., New York City time, on the Business Day of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing or LIBOR Daily Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) shall be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy e-mail to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyan Authorized Officer. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate principal amount of the requested Borrowing, and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, a LIBOR Daily Borrowing (if a Revolving Borrowing) or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (viv) the location and account number of the Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurodollar Borrowing with an ABR BorrowingInterest Period of one (1) month. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the applicable 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 2.03Section, 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 and Term Loan Agreement (Brixmor Operating Partnership LP)

Requests for Borrowings. To request a Borrowing, the Companyapplicable Borrower, on its own behalf or the Company on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request in substantially the form attached as Exhibit D hereto (or otherwise reasonably acceptable to the Administrative Agent) and signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurodollar Eurocurrency Borrowing or BA Equivalent Borrowing, not later than 12:00 noon, New York City timeLocal Time, three (3) Business Days before the date of the proposed Borrowing, (b) by telephone in the case of a Base Rate Borrowing, including a Base Rate Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.04(e) hereof, not later than 12:00 p.m., Local Time, on the same Business Day of the proposed Borrowing, (c) by telephone in the case of a Canadian Base Rate Borrowing, not later than 12:00 p.m., Local Time, one (1) Business Day prior to the date of the proposed Borrowing or (bd) by irrevocable written notice (via a written Borrowing Request in substantially the form attached as Exhibit D hereto (or otherwise reasonably acceptable to the Administrative Agent) and signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of an ABR BorrowingOvernight LIBO Borrowing to finance the reimbursement of an LC Disbursement in an Agreed Currency or in respect of a Foreign Subsidiary Borrower as contemplated by Section 2.04(e) hereof, not later than 10:00 a.m.12:00 p.m., New York City timeLocal Time, on the date same Business Day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and if given by telephone shall be confirmed promptly in writing by hand delivery telecopy or telecopy electronic mail to the Administrative Agent of a written Borrowing Request substantially in substantially the form of attached as Exhibit B D hereto and signed by an authorized signer of the Companyapplicable Borrower, or the Company on behalf of the applicable Borrower. In the case of a Borrowing denominated in any Alternative Currency, the applicable Borrower shall also notify JPMEL of such request by writing at the same time that such Borrower shall notify the Administrative Agent pursuant to (a) or (b) above, as applicable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.02 hereof: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Eurocurrency Borrowing (or, in the case of a Canadian Borrowing, a Canadian Base Rate Borrowing or a BA Equivalent Borrowing); (vd) in the case of any Eurodollar a 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”; (e) in the case of a BA Equivalent Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (vif) 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; and (1g) whether such Borrowing is to be in U.S. Dollars or in an Alternative Currency. If no election as to the Type of Borrowing is specified, then (i) in the case of a Borrowing denominated in U.S. Dollars to the Company, the requested Borrowing shall be an ABR a Base Rate Borrowing and (ii) in the case of a Canadian Borrowing to a Canadian Borrower, the requested Borrowing shall be a Canadian Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or BA Equivalent Borrowing, then the applicable relevant 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 2.03Section, 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 (Michael Kors Holdings LTD)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower or by telephone or through Electronic System if arrangements for doing so have been approved by the Administrative Agent, not later than (a) (i) in the case of a Eurodollar Term Benchmark Borrowing, 12:00 noon, Houston, Texas time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing or (ii) in the case of an RFR Borrowing, not later than 12:00 noon, New York City Houston, Texas time, three five (5) U.S. Government Securities Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City Houston, Texas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., Houston, Texas time, on the date of such proposed Borrowing. Each such Borrowing Request shall be irrevocable and each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by a Responsible Officer of the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the 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; (iviii) whether such Borrowing is to be an ABR Borrowing, a Term Benchmark Borrowing or a Eurodollar or, if applicable, an RFR Borrowing;; and (viv) in the case of any Eurodollar a 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”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) . 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 Benchmark Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section 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 (Cactus, Inc.)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by the Company or by telephone (a) in the case of a Eurodollar LIBOR Borrowing, not later than 12:00 noon1:00 p.m., 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 10:00 a.m.1:00 p.m., New York, New York City time, on the day of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 1:00 p.m., New York, New York time on the date of the proposed Borrowing; provided further that the Company shall be deemed to have given a timely notice of Borrowing for a Borrowing on each Business Day of an amount necessary in order that after giving effect to both the prepayment of the Loans on such Business Day pursuant to Section 2.10(j) and such Borrowing, the same aggregate principal amount of Loans of the same Types shall remain outstanding, unless the Company shall have otherwise timely notified the Administrative Agent. For avoidance of doubt, the “deemed” notice of Borrowing contemplated by the foregoing proviso does not affect any condition to Borrowing under Section 4.03, and the Administrative Agent may in its discretion require in connection with any Borrowing a confirmation from the Company as to satisfaction of applicable conditions set forth in Section 4.03. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the Company. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.03: (i) the BorrowerBorrower(s) on whose behalf the Company is requesting such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar LIBOR Borrowing; (v) in the case of any Eurodollar a 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 (vi) the location and number of the Borrower’s Borrowers’ account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 2.06. If no election as to the Type of Borrowing is specifiedspecified with respect to a Borrowing in Dollars, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Borrowing, then the applicable Borrower Borrowers 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 2.03Section, the Administrative Agent shall advise each Lender of the applicable Lenders 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: Superpriority Debtor in Possession Credit Agreement

Requests for Borrowings. (a) To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone or a Borrowing Request, (ai) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed BorrowingBorrowing (except as provided in Section 2.03(b)), or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.12 noon, New York City time, on the date of the proposed Borrowing and (iii) in the case of an Alternative Currency Loan Borrowing, not later than 11:00 a.m., New York City time, three Business Days (or five Business Days in the case of a Special Notice Currency) before the date of the proposed Borrowing (except as provided in Section 2.03(b)). Each such telephonic Borrowing Request shall be irrevocable and if made telephonically, shall be confirmed promptly promptly, by hand delivery delivery, facsimile or telecopy to the Administrative Agent electronic mail of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, an Alternative Currency Daily Rate Borrowing, an Alternative Currency Term Rate Borrowing or a Eurodollar Borrowing; (viv) in the case of any a Eurodollar Borrowing or an Alternative Currency 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, subject to Section 2.03(b); (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; and (1vi) the currency of the requested Borrowing. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing if such Borrowing is for a Loan denominated in Dollars. If no election as to the currency of such Borrowing is specified, then the requested Borrowing shall be made in Dollars. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or Alternative Currency Term Rate Borrowing, then the applicable 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 2.03Section, 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. (b) The Borrower may request a Eurodollar Borrowing or Alternative Currency Term Rate Borrowing having an Interest Period other than one, three or six months or, if available and approved by each Lender, twelve months, in duration as provided in the definition of “Interest Period” by notifying the Administrative Agent not later than 11:00 a.m., New York City time, (x) five Business Days prior to the requested date of such Borrowing denominated in Dollars and having such Interest Period and (y) five Business Days (or six Business Days in the case of a Special Notice Currency) prior to the requested date of such Borrowing denominated in an Alternative Currency and having such Interest Period, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 8:00 a.m., New York City time, on the Business Day after receiving such request from the Borrower, the Administrative Agent shall notify the Borrower whether or not the requested Interest Period has been agreed to by all the Lenders. If such requested Interest Period is so approved by all of the Lenders, the Borrower may thereafter from time to time elect to make Borrowing Requests under Section 2.03(a) and Interest Election Requests under Section 2.06(c) designating such Interest Period, until the Administrative Agent notifies the Borrower that the Required Lenders have elected to revoke such approval.

Appears in 1 contract

Samples: Credit Agreement (TE Connectivity Ltd.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Companyrelevant U.S. Borrower or, on its own behalf or on behalf in the case of a Tranche A Borrowing, the applicable Pipeline Company Canadian Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the Companyrelevant Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrowerrequested 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; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (v) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and; (vi) the location and number of the relevant Borrower’s account to which funds are to be disbursed., which shall comply with the requirements of Section 2.06; and (1vii) the identity of the relevant Borrower, which shall be a U.S. Borrower, in the case of a Revolving Borrowing, the Canadian Borrower, in the case of a Tranche A Term Borrowing, or the Global Borrower, in the case of a Tranche B Term Borrowing. 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 applicable relevant 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 2.03Section, 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 (Mosaic Co)

Requests for Borrowings. To request a Revolving Borrowing, Term Borrowing or Incremental Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing, provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as 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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) whether the Borrower;requested Borrowing is to be a Revolving Borrowing, Term Borrowing or Incremental Term Loan Borrowing. (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (v) in the case of any Eurodollar a 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"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed. (1) . 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 's duration. 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 (Universal City Development Partners LTD)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Parent Borrower shall notify the Administrative Agent of such request by prior written or fax notice (or telephone notice promptly confirmed by written or fax notice) (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly in a form approved by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyParent Borrower. Each such telephonic and written Borrowing Request shall specify the following information specify, in compliance with Section 2.02: , (i) the Borrower; (ii) the aggregate amount of such Borrowing; ; (iiiii) the date of such Borrowing, which shall be a Business Day; ; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; ; (viv) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) a description, in reasonable detail, of the Equipment and Machinery to be financed (which description shall include the name of the Eligible Loan Party to own such Equipment and Machinery, the Cost and the Eligible Location where the Equipment and Machinery are to be located); and (vi) the location and number of the Borrower’s account of the owner of the applicable Equipment and Machinery to which funds are to be disbursed. (1) If no election as to the Type of Borrowing is specified, then the requested Borrowing which shall be an ABR Borrowing. If no Interest Period is specified in compliance with respect to any requested Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s durationSection 2.04. 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 1 contract

Samples: Credit Agreement (Metaldyne Corp)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Applicable Borrower shall notify the Administrative Agent of such request by telephone (a) by telephonic notice in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed BorrowingBorrowing (or, with respect to Borrowings to be made on the Closing Date, such shorter time as the Administrative Agent may agree in its sole discretion) or (b) by telephonic notice in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy email to the Administrative Agent of a written Borrowing Request in substantially a form approved by the form of Exhibit B Administrative Agent and signed by the CompanyApplicable Borrower; provided that in respect of the 2015 Term Loans to be borrowed on the Closing Date and the Incremental Term B-1 Loans to be borrowed on the Amendment No. 1 Effective Date, any written Borrowing Request may be provided by the Borrower on a conditional basis (provided that (1) to the extent the Borrower does not borrow any Eurocurrency Loans set forth in such conditional Borrowing Request, the Borrower shall be required to compensate the Lenders under Section 2.13 for the losses, costs or expenses related thereto and (2) any such Borrowing Request shall be irrevocable once funding of the Borrowings has been initiated by the Administrative Agent), and such Borrowing Request may be provided no later than 2:00 pm, New York City Time, on the Business Day prior to such Borrowing. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower; (iia) the aggregate amount of such the requested Borrowing; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) the Class of such Borrowing and whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing; (vd) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vie) the location and number of the Applicable Borrower’s account to which funds are to be disbursed. (1) , which shall comply with the requirements of Section 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 applicable Applicable 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 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 (Horizon Pharma PLC)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower Representative shall notify the Administrative Agent of such request by telephone submitting a Borrowing Notice (delivered by hand or facsimile) signed by the Borrower Representative (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR a CBFR Borrowing, not later than 10:00 noon, Local Time, on the date of the proposed Borrowing; provided, that with respect to any Eurocurrency Borrowing proposed to be made on the Effective Date, the Administrative Agent shall not later than noon, Local Time, three Business Days prior to the Effective Date have received a Borrowing Notice and a funding indemnity side letter by each Borrower requesting such Borrowing for the benefit of the Administrative Agent and each Lender reasonably satisfactory to the Administrative Agent, and in case such notice and side letter are not so received by such time, the Borrower shall be deemed to have requested the USD Equivalent of CBFR Loans denominated in dollars in lieu of such Eurocurrency Loans; and provided, further, that any such notice of a CBFR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., New York City Chicago time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and Notice signed by the CompanyBorrower Representative. Each such telephonic and written Borrowing Request Notice shall specify the following information in compliance with Section 2.022.01: (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; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing made in dollars or a Eurodollar BorrowingEuros; (v) whether such Borrowing is to be made pursuant to the Revolving Netherlands Sublimit; (vi) whether such Borrowing is to be a CBFR Borrowing or a Eurocurrency Borrowing; and (vii) in the case of any Eurodollar a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) If no election as to the Type of Borrowing is specifiedspecified in such Borrowing Notice, then the requested Borrowing shall be, in the case of a Borrowing requested to be made in dollars, a CBFR Borrowing and, in the case of a Borrowing requested to be made in Euros, a Eurocurrency Borrowing with an ABR BorrowingInterest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request Notice 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 (Libbey Inc)

Requests for Borrowings. (a) To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone or a Borrowing Request, (ai) in the case of a Eurodollar Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three two Business Days before the date of the proposed BorrowingBorrowing (except as provided in Section 2.03(b)), or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.12 noon, New York City time, on the date of the proposed Borrowing and (iii) in the case of an Alternative Currency Loan Borrowing, not later than 11:00 a.m., New York City time, three Business Days (or five Business Days in the case of a Special Notice Currency) before the date of the proposed Borrowing (except as provided in Section 2.03(b)). Each such telephonic Borrowing Request shall be irrevocable and if made telephonically, shall be confirmed promptly promptly, by hand delivery delivery, facsimile or telecopy to the Administrative Agent electronic mail of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, an Alternative Currency Daily Rate Borrowing, an Alternative Currency Term Rate Borrowing or a Eurodollar Term SOFR Borrowing; (viv) in the case of any Eurodollar a Term SOFR Borrowing or an Alternative Currency 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, subject to Section 2.03(b); (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; and (1vi) the currency of the requested Borrowing. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing if such Borrowing is for a Loan denominated in Dollars. If no election as to the currency of such Borrowing is specified, then the requested Borrowing shall be made in Dollars. If no Interest Period is specified with respect to any requested Eurodollar Term SOFR Borrowing or Alternative Currency Term Rate Borrowing, then the applicable 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 2.03Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such LenderLxxxxx’s Loan to be made as part of the requested Borrowing. (b) The Borrower may request a Term SOFR Borrowing or Alternative Currency Term Rate Borrowing having an Interest Period in duration other than as provided in the definition of “Interest Period” by notifying the Administrative Agent not later than 11:00 a.m., New York City time, (x) five Business Days prior to the requested date of such Borrowing denominated in Dollars and having such Interest Period and (y) five Business Days (or six Business Days in the case of a Special Notice Currency) prior to the requested date of such Borrowing denominated in an Alternative Currency and having such Interest Period, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 8:00 a.m., New York City time, on the Business Day after receiving such request from the Borrower, the Administrative Agent shall notify the Borrower whether or not the requested Interest Period has been agreed to by all the Lenders. If such requested Interest Period is so approved by all of the Lenders, the Borrower may thereafter from time to time elect to make Borrowing Requests under Section 2.03(a) and Interest Election Requests under Section 2.06(c) designating such Interest Period, until the Administrative Agent notifies the Borrower that the Required Lenders have elected to revoke such approval.

Appears in 1 contract

Samples: Senior Credit Agreement (TE Connectivity Ltd.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing, the Company, applicable Borrower (or the Company on its own behalf or on behalf of the applicable Pipeline Company Borrowerbehalf) shall submit a Borrowing Request, shall notify signed by its Senior Officer, to the Administrative Agent of such request by telephone (a) in the case of a Eurodollar BorrowingLIBOR Borrowing denominated in US Dollars, not later than 12:00 noon11:00 a.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing (or, in the case of any such LIBOR Borrowing to occur on the Effective Date or any LIBOR Term Borrowing, such shorter period of time as may be agreed to in writing by the Administrative Agent), (b) in the case of LIBOR Borrowing denominated in an Alternative Currency or a CDOR Borrowing, not later than 11:00 a.m., Local Time, four Business Days before the date of the proposed Borrowing (or, in the case of any such Borrowing to occur on the Effective Date, such shorter period of time as may be agreed to in writing by the Administrative Agent) or (bc) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City timeLocal Time, on the date day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to (except that the Administrative Agent of a written Borrowing Request in substantially for (x) Loans to be borrowed on the form Effective Date may be conditioned on the occurrence of Exhibit B the Effective Date and signed by (y) the Company. Each such telephonic Delayed Draw Term Loans may be conditioned on the consummation of the GET Acquisition) and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the name of the applicable Borrower; (ii) whether the aggregate requested Borrowing is to be a Term Borrowing (specifying the Class thereof) or a Revolving Borrowing; (iii) the currency and principal amount of such Borrowing; (iiiiv) the date of such Borrowing, which shall be a Business Day; (ivv) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (vvi) in the case of any Eurodollar a LIBOR Borrowing or a CDOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; andan (vivii) the location and number of the Borrower’s account of the applicable Borrower to which funds are to be disbursed. disbursed (1or such other account as may be designated by (or by the Company on behalf of) the applicable Borrower) or, in the case of any ABR Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.20(f), the identity of the Issuing Bank that made such LC Disbursement. If no currency is specified with respect to any requested LIBOR Borrowing, then the applicable Borrower shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, (B) in the case of Borrowing denominated in an Alternative Currency (other than Canadian Dollars), a LIBOR Borrowing and (C) in the case of a Borrowing denominated in Canadian Dollars, a CDOR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Borrowing or CDOR Borrowing, then the applicable 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 2.03Section, 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: Credit Agreement (Westinghouse Air Brake Technologies Corp)

Requests for Borrowings. To request a Working Capital ----------------------- Borrowing or a Term Loan Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone delivering a Borrowing Request to the Administrative Agent (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that -------- any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(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 Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Companyirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:: ------------ (ia) whether the Borrowerrequested Borrowing is to be a Working Capital Borrowing and/or Term Loan Borrowing; (iib) the aggregate amount of such the requested Borrowing; (iiic) the date of such Borrowing, which shall be (A) in the case of Term Loans, a Borrowing Date and (B) in the case of Working Capital Loans, a Business Day; (ivd) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and (ve) in the case of any a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed. (1) ". 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 applicable Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section 2.03Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Global Crossing LTD)

Requests for Borrowings. To request a Borrowing, the Company, on its own behalf or on behalf of the applicable Pipeline Company Borrower, Borrower shall notify the Administrative Agent of such request by telephone telephone, fax (or transmit by electronic communication, 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 noon, New York City time, three Business Days before the date of the proposed Borrowing, Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 noon, New York City time, on 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 (or electronic communication) Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the CompanyBorrower. Each such telephonic telephonic, electronic communication, and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borroweraggregate amount of the requested Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (viv) in the case of any 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 and Threshold Amount, 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 's account to which funds are to be disbursed. (1) , 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 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 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, 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: Senior Revolving Credit Agreement (Petrohawk Energy Corp)

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