Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the aggregate amount and currency of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 3 contracts
Samples: Credit Agreement (BAKER HUGHES a GE Co LLC), Credit Agreement (BAKER HUGHES a GE Co LLC), Credit Agreement (Baker Hughes a GE Co)
Requests for Borrowings. To request a Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telephone (a) in the case form of a Eurodollar Borrowing, Borrowing Request signed by the Company not later than 11:00 a.m., New York City time, (a) in the case of a Eurocurrency Borrowing denominated in U.S. Dollars, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, three Business Days before the date of the proposed Borrowing, or (bc) 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrowerirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(v) the location and number of the BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to 2.06; and
(vi) in the Type case 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 a Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period currency of one month’s durationsuch Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 3 contracts
Samples: Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.)
Requests for Borrowings. (a) To request a Borrowing, the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 11:30 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 11:30 a.m., New York City time, on the date of the proposed Borrowing. Each such Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. 2.4.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 3 contracts
Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Corp)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone telephone, hand delivery, facsimile or electronic transmission, which such notice shall be in the form of (or, in the case of telephonic notification, promptly confirmed in the form of) a written Borrowing Request signed by the Borrower (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrowerirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 3 contracts
Samples: Term Loan Agreement (Cleco Power LLC), Bridge Loan Agreement (Cleco Power LLC), Term Loan Credit Agreement (Cleco Corporate Holdings LLC)
Requests for Borrowings. To request a Borrowing, the Borrower Borrowers shall notify deliver a Borrowing Request to the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Rate Borrowing, not later than 11:00 a.m., New York City time, 12:00 p.m. three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 10:00 a.m., New York City time, 12:00 p.m. 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Eurocurrency Rate Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account Borrowers’ account(s) to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.4. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Rate Borrowing, then the Borrower 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, 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 (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
Requests for Borrowings. To request a BorrowingLoan, the Parent Borrower (on its own behalf or on behalf of any other Borrower) shall notify the Administrative Agent of such request by telephone hand delivery, telecopy or (pursuant to procedures approved by the Administrative Agent) electronic transmission to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Parent Borrower (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, not later than 11:00 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 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency Borrower of the requested Borrowing;
(ii) the aggregate amount of such Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(vi) in the case of a Eurocurrency Borrowing, the currency in which such Borrowing is to be denominated; and
(vvii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing (i) if such Borrowing is to be denominated in dollars, shall be an ABR Borrowing and (ii) if such Borrowing is to be denominated in an Alternative Currency, shall be a Eurocurrency Borrowing. If no election as to the currency of the requested Borrowing is specified, then the requested Borrowing shall be denominated in dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the 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, 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 (Ralph Lauren Corp), Credit Agreement (Ralph Lauren Corp)
Requests for Borrowings. (a) To request a Borrowing, the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 11:30 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 11:30 a.m., New York City time, on the date of the proposed Borrowing. Each such Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(v) 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 2.04. 2.4.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.Noon, New York City time, (i) three (3) Business Days before the date of the proposed Borrowing or (b) Borrowing, in the case of an ABR BorrowingEurodollar Borrowings, not later than 10:00 a.m., New York City time, or (ii) on the date same Business Day, in the case of the proposed BorrowingABR Borrowings. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a the form approved by the Administrative Agent and signed by the Borrowerattached hereto as Exhibit 2.03. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a 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 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
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to In the Type case of Borrowing is specifiedEurodollar 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 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 lesser of the Aggregate Maximum Credit Amount and the then effective Borrowing Base. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 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 (Constellation Energy Partners LLC), Credit Agreement (Constellation Energy Partners LLC)
Requests for Borrowings. (a) To request a Borrowing, the 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 11:00 a.m., New York City timea.m. (Central Time), three (3) Business Days before the date of the proposed Borrowing 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 and, if requested by the Administrative Agent, shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request Notice in a substantially the form approved by of Exhibit J in the Administrative Agent and signed by the Borrowercase 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 aggregate amount and currency Borrower requesting such Borrowing; (ii) the Type of the requested Borrowing;
; (iiiii) the aggregate amount of such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day;
; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivv) in the case of a Eurodollar 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 (vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.7. 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 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, 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 2 contracts
Samples: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial Lp)
Requests for Borrowings. To request a Term Loan Borrowing or a Revolving Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telecopy of a written Borrowing Request signed by the Company (or, in the case of a Term Loan Borrowing or a Revolving Borrowing denominated in U.S. Dollars, by telephone confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request signed by the Company) (a) in the case of a Eurodollar BorrowingBorrowing denominated in U.S. Dollars, not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurodollar Borrowing denominated in a Foreign Currency, not later than 11:00 a.m., Local Time, four (4) Business Days before the date of the proposed Borrowing, or (bc) 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 and written Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount Class and currency Type of the requested such 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 an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar 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
(v) the location and number of the BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no denomination is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be denominated in U.S. Dollars. If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in U.S. Dollars, the requested Borrowing shall be an ABR Borrowing, and in the case of a Borrowing denominated in a Foreign Currency, the requested Borrowing shall be a Eurodollar Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower Company 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, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Haemonetics Corp), Credit Agreement (Haemonetics Corp)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent Lender of such request by telephone or in writing (a) in the case of a Eurodollar BorrowingLIBOR Loan, not later than 11:00 10:00 a.m., New York City Pacific Coast time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowinga Prime Loan, not later than 10:00 a.m., New York City time, Pacific Coast 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 or email with PDF attachment other electronic communication to the Administrative Agent Lender of a written Borrowing Request in a form approved by the Administrative Agent and writing signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing LIBOR Loan or a Eurodollar BorrowingPrime Loan;
(iv) in the case of a Eurodollar BorrowingLIBOR Loan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07;
(vi) a Borrowing Base certificate, which shall set forth (w) as of the date of the request, the Remaining Commitment of each Investor, (x) as of the date of the request, to the knowledge of Borrower, any Investor that is an Excluded Investor, and (y) as of the date of the request, a calculation of the Borrowing Base, and (z) a calculation indicating that following such Borrowing, the Revolving Credit Exposure shall not exceed the Available Amount (each such certificate shall be a “Borrowing Base Certificate”); and
(vii) certification that such Borrowing is to be used for a purpose expressly permitted by this Agreement. If no election as to the Type of Borrowing Loan is specified, then the requested Borrowing shall be an ABR Borrowinga Prime Loan. If no Interest Period is specified with respect to any requested Eurodollar BorrowingLIBOR Loan, then the 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, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Oaktree Strategic Income II, Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City Boston, Massachusetts 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.12:00 noon, New York City Boston, Massachusetts 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in the form of Exhibit E attached hereto and hereby made a form approved by the Administrative Agent part hereof and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(v) 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 2.042.06. If no election as to the Type of Borrowing is specifiedspecified in the Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration, in the case of a Eurodollar Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (MVP REIT II, Inc.), Credit Agreement (MVP REIT, Inc.)
Requests for Borrowings. (a) To request a the only Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Boston, Massachusetts 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. .
(b) Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”; and";
(v) 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 2.042.5. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the 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 SectionSection 2.3, the Administrative Agent shall advise each Lender Noteholder of the details thereof and of the amount of such Lender’s Noteholder's Term B2 Loan to be made as part of the requested Borrowing.
(c) Unless otherwise consented to by the Administrative Agent in its sole discretion, prior to ten Business Days after the Effective Date, no Interest Period of more than one month may be elected.
Appears in 2 contracts
Samples: Senior Secured Floating Rate Note Purchase Agreement (Affinity Group Inc), Senior Secured Floating Rate Note Purchase Agreement (Affinity Group Holding, Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower Representative shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or 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 11:00 a.m.noon, New York City Pacific 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.noon, New York City Pacific 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 9:00 a.m., Pacific 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 or email with PDF attachment a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the BorrowerBorrower 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 name of the applicable Borrower(s);
(ii) the aggregate amount and currency of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and
(ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower applicable Borrower(s) shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Cricut, Inc.), Credit Agreement (Cricut, Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 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 delivery, telecopy or email with PDF attachment electronic transmission to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Commitment and Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Puget Sound Energy Inc), Credit Agreement (Puget Sound Energy Inc)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 p.m., New York City time, on one Business Day prior to 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 email with PDF attachment other electronic transmission to the Administrative Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent and of Exhibit C signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: 364 Day Term Loan Agreement (Tyson Foods Inc), Term Loan Agreement (Tyson Foods Inc)
Requests for Borrowings. To request a Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Term SOFR Borrowing, not later than 11:00 a.m., New York City time, three two Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 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 made by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the BorrowerCompany. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Term SOFR Borrowing;
(iv) in the case of a Eurodollar Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. 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 Borrowing, then the 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, 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 (Tyson Foods, Inc.), Term Loan Agreement (Tyson Foods, Inc.)
Requests for Borrowings. To request a Revolving Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City Dallas, Texas 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.12:00 noon, New York City timeDallas, Texas 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a the form attached hereto as Exhibit E or in such other form as may be approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)
Requests for Borrowings. (a) To request a Borrowing, Borrowing the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) 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 Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(v) 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. 2.4; and
(vi) a reasonably detailed calculation of the Leverage Ratio on a pro forma basis immediately after giving effect to such Borrowing.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Requests for Borrowings. (a) To request a Borrowing, the 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 11:00 a.m., New York City timea.m. (Central Time), three (3) Business Days before the date of the proposed Borrowing 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request Notice in a substantially the form approved by of Exhibit J in the Administrative Agent and signed by the Borrowercase 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 aggregate amount and currency Borrower requesting such Borrowing; (ii) the Type of the requested Borrowing;
; (iiiii) the aggregate amount of such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day;
; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivv) in the case of a Eurodollar 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 (vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.7. 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 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, 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 2 contracts
Samples: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial Lp)
Requests for Borrowings. (a) To request a Borrowing, the Borrower shall notify the Administrative Agent of such request (each, a “Borrowing Request”), which shall be in the form of Exhibit B or any other form approved by telephone the Agent, in writing or by telecopy or other electronic transmission (including in .pdf format) (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Financial Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate principal amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s month duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Borrower Assignment and Assumption Agreement (BrightSphere Investment Group Inc.), Revolving Credit Agreement (BrightSphere Investment Group Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower applicable Borrower, or the European J.V. on behalf of such Borrower, shall notify the Administrative Agent of such request by telephone telecopy (apromptly followed by telephonic confirmation of such request) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.2:00 p.m., New York City London 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the Borrower requesting such Borrowing (or on whose behalf the European J.V. is requesting such Borrowing);
(ii) whether the requested Borrowing is to be an ABT Borrowing or a German Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing;
(iiiv) the date of such Borrowing, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(vvi) 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 2.042.06. If no election as currency is specified with respect to the Type of Borrowing is specifiedany requested Borrowing, then the requested Borrowing Borrower shall be an ABR Borrowingdeemed to have selected Euros. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify deliver to the Administrative Agent of such request by telephone a duly completed Borrowing Request (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, three (3) Business Days before the date of the proposed Borrowing or Borrowing, and (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. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account of the Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.043.01. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Zimmer Biomet Holdings, Inc.), Credit Agreement (Zimmer Biomet Holdings, Inc.)
Requests for Borrowings. (a) To request a BorrowingBorrowing (other than a Swingline Loan, which may be requested under Section 2.5(b)), the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, pursuant to arrangements for doing so approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) 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 Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable (except as otherwise provided in Section 3.4) and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. 2.4.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC)
Requests for Borrowings. To request a Borrowing (other than a Swingline Borrowing), the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Milwaukee 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 Milwaukee 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(v) 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 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)
Requests for Borrowings. (a) To request a Borrowing, the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, pursuant to arrangements for doing so approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:30 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.12:30 p.m., New York City time, on the date of the proposed Borrowing. Each such Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable (except as otherwise provided in Section 3.4) and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. 2.4.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Allete Inc), Credit Agreement (Cleco Corp)
Requests for Borrowings. To request a BorrowingLoan, the Parent Borrower (on its own behalf or on behalf of any other Borrower) shall notify the Administrative Agent of such request by telephone hand delivery, telecopy or (pursuant to procedures approved by the Administrative Agent) electronic transmission to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Parent
(a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, not later than 11:00 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 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency Borrower of the requested Borrowing;
(ii) the aggregate amount of such Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(vi) in the case of a Eurocurrency Borrowing, the currency in which such Borrowing is to be denominated; and
(vvii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing (i) if such Borrowing is to be denominated in dollars, shall be an ABR Borrowing and (ii) if such Borrowing is to be denominated in an Alternative Currency, shall be a Eurocurrency Borrowing. If no election as to the currency of the requested Borrowing is specified, then the requested Revolving Borrowing shall be denominated in dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the 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, 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 (Ralph Lauren Corp), Credit Agreement (Polo Ralph Lauren Corp)
Requests for Borrowings. (a) To request a Borrowing, Borrowing the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, if arrangements for doing so have been approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) 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 Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(v) 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. 2.4; and
(vi) a reasonably detailed calculation of the Leverage Ratio on a pro forma basis immediately after giving effect to such Borrowing.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Revolving Lender of the details thereof and of the amount of such Revolving Lender’s Revolving Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (or, upon the implementation of a LIBOR Successor Rate in accordance with Section 2.14A, by the relevant time and date with respect thereto) 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: 364 Day Revolving Credit Agreement (Enterprise Products Partners L.P.), 364 Day Revolving Credit Agreement (Enterprise Products Partners L.P.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or e-mail, with respect to the initial Borrowing on the date of closing, and by telephone or e-mail, with respect to each subsequent Borrowing, (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.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 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 shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(v) the amount of the then effective Borrowing Base, the current total Revolving Credit Exposures and Total Debt (in each case, without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures and Total Debt (in each case, giving effect to the requested Borrowing); and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total 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 SectionSection 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 (Cimarex Energy Co)
Requests for Borrowings. To (1) Each request for a Borrowing, the Borrower Borrowing (other than Swingline Loans) shall notify the Administrative Agent of such request by telephone (a) in the case be made pursuant to Holdings’ submission of a Eurodollar Borrowing, Borrowing Request not later than 11:00 10:00 a.m., New York City Central time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(ia) the aggregate amount and currency name of the requested Borrowing;
applicable Borrower, (iib) the requested date of such Borrowing, the Borrowing (which shall be a Business Day;
), (iiic) whether such Borrowing is the principal amount of the Term Benchmark Loans to be an ABR Borrowing or a Eurodollar Borrowing;
borrowed and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vd) the location and number of the Borrower’s account to which the funds are to be disbursed, 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 The Borrowers hereby acknowledge and agree that any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, request made through ABLSoft or any other electronic platform or electronic transmission system approved by the Administrative Agent shall advise be deemed made by a Responsible Officer of Holdings.
(2) The Administrative Agent shall promptly notify each Lender of the details thereof and amount of its share of the amount applicable Loans.
(3) The Administrative Agent, without the request of any Borrower, may advance any interest, fee, service charge (including direct wire fees), expenses of the Loan Parties pursuant to Section 10.05 of this Agreement, or other payment to which any Agent or Lender is entitled from the Loan Parties pursuant hereto or any other Loan Document and may charge the same to any Loan Account notwithstanding that an Overadvance may result thereby. The Administrative Agent shall advise Holdings of any such Lender’s Loan to be made as advance or charge promptly after the making thereof. Such action on the part of the requested BorrowingAdministrative Agent shall not constitute a waiver of the Administrative Agent’s rights and the Borrowers’ obligations under Section 2.11(1). Any amount which is charged to a Loan Account as provided in this Section 2.03(3) shall constitute Revolving Loans and shall bear interest at the interest rate then and thereafter applicable to Term Benchmark Loans.
Appears in 1 contract
Requests for Borrowings. (A) To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone telephone, not later than 12:00 p.m., New York City time, (a1) in the case of a Eurodollar Borrowingrequest for a Base Rate Loan denominated in Dollars, not later than 11:00 a.m.on the Business Day prior to the day the Borrower designates therein as the Disbursement Date, New York City time, three Business Days before the date of the proposed Borrowing or and (b2) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City timea request for a LIBOR Loan or Euribor Loan, on the date of fourth LIBOR Business Day or Euribor Business Day, as applicable, prior to the proposed BorrowingDisbursement Date. Each such telephonic Borrowing Request request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment facsimile to the Administrative Agent of a written Borrowing Request notice (the “Notice of Borrowing”) in a the form attached as Exhibit B approved by the Administrative Agent and signed by a duly authorized representative of the Borrower. Each such telephonic request and written Notice of Borrowing Request shall specify the following information in compliance with this Section 2.022.01:
(i1) the aggregate amount and currency of the requested Borrowingthat a Loan is requested;
(ii2) the date of such Borrowingrequested Disbursement Date, which shall be a Business Day;
(iii3) the currency and the aggregate principal amount to be borrowed; and
(4) whether such the Borrowing is to shall be an ABR Borrowing composed of Base Rate Loans, LIBOR Loans, Euribor Loans, or a Eurodollar Borrowing;combination thereof, and if LIBOR Loans or Euribor Loans are requested, the Interest Period(s) therefor.
(ivB) If the Borrower shall fail to specify in any such Notice of Borrowing (i) an applicable Interest Period in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. If no election as to the Type of Borrowing is specifiedLIBOR Loan or Euribor Loan, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower such notice shall be deemed to have selected be a request for an Interest Period of one (1) month’s duration. Promptly following receipt , (ii) the type of Loan requested, then such notice shall be deemed to be a request for a LIBOR Loan hereunder, provided, however, that if the notice requests Euro, then such notice shall be deemed to be a request for a Euribor Loan hereunder, or (iii) the currency requested, then such notice shall be deemed to be a request for a Loan in Dollars.
(C) Not later than 1:00 p.m. New York City time on the Business Day on which the Notice of Borrowing Request in accordance with this Sectionis received, the Administrative Agent shall promptly advise each Lender of the details thereof and shall advise each Lender of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Cemex Sa De Cv)
Requests for Borrowings. To request a Term Loan Borrowing or a Revolving Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in U.S. Dollars, not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in a Foreign Currency and in the case of an Australian Dollar Borrowing, not later than 11:00 a.m., Local Time, four (4) Business Days before the date of the proposed Borrowing, or (bc) 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing, an Australian Dollar Borrowing or a Eurodollar Eurocurrency Borrowing;; 4832-2498-4973
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the Agreed Currency and initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(v) in the case of an Australian Dollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no denomination is specified with respect to any requested Eurocurrency Borrowing, then the requested Revolving Borrowing shall be denominated in U.S. Dollars. If no election as to the Type of Revolving Borrowing is specified, then then, in the case of a Borrowing denominated in U.S. Dollars, the requested Revolving Borrowing shall be an ABR Borrowing, and in the case of a Borrowing denominated in a Foreign Currency, the requested Revolving Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or Australian Dollar Borrowing, then the 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, 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
Requests for Borrowings. To request a Revolving Borrowing, Tranche A Term Borrowing, Tranche B Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m.2:00 p.m., New York City timeLocal 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 time, one Business Day before the date of the proposed Borrowing (or, in the case of up to $100 million of ABR Borrowings outstanding of any 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 Effective 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 or email with PDF attachment facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Financial Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information (to the extent applicable, in compliance with Section Sections 2.01 and 2.02:):
(i) specifying the aggregate amount and currency Class of the requested Borrowing;
(ii) the currency and the aggregate amount of such Borrowing;
(iii) the requested date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06(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
(vii) 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, specified then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified with respect to any requested Revolving Loan, the Borrower shall be deemed to have selected dollars. Promptly following receipt of a Borrowing Request in accordance with this Section, 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
Requests for Borrowings. To request a Borrowing, the either Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City Eastern time, three (3) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR BorrowingBorrowing of more than $30,000,000, not later than 10:00 a.m.5 p.m., New York City Eastern Time one (1) Business Day before the date of the proposed Borrowing, (c) in the case of an ABR Borrowing of $30,000,000 or less, not later than 12:00 noon, Eastern time, on the date of the proposed Borrowing, or (d) in the case of any Alternative Currency Borrowing, not later than 1:00 p.m., Eastern time three (3) Business Days before the Borrowing Date. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy, or telecopy or scanned copy sent by email with PDF attachment to the Administrative Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent and signed by the Borrowerof Exhibit 2.03. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing or a Eurodollar an Alternative Currency Borrowing, in which case such Borrower shall designate an Alternative Currency;
(iv) in the case of a Eurodollar Borrowing or an Alternative Currency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specifiedspecified for Dollar denominated Loans, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or Alternative Currency Borrowing, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing or EURIBOR Borrowing, not later than 11:00 a.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an a ABR Borrowing, not later than 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i1) the aggregate amount and currency of the requested Borrowing;
(ii2) the date of such Borrowing, which shall be a Business Day;
(iii3) in the case of Borrowings denominated in Dollars, whether such Borrowing is to be an a ABR Borrowing or a Eurodollar Borrowing;
(iv4) in the case of a Eurodollar Non-ABR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v5) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an a ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Non-ABR 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 SectionSection 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
Requests for Borrowings. To request a Borrowing, the Borrower applicable Borrower, or the European J.V. on behalf of such Borrower, shall notify the Administrative Agent of such request by telephone telecopy (apromptly followed by telephonic confirmation of such request) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.2:00 p.m., New York City London 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the Borrower requesting such Borrowing (or on whose behalf the European J.V. is requesting such Borrowing);
(ii) whether the requested Borrowing is to be an ABT Borrowing or a German Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing;
(iiiv) the date of such Borrowing, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as currency is specified with respect to the Type of Borrowing is specifiedany requested Borrowing, then the requested Borrowing Borrower shall be an ABR Borrowingdeemed to have selected Euros. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the 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, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or e-mail, with respect to the initial Borrowing on the date of closing, and by telephone or e-mail, with respect to each subsequent Borrowing, (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.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 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 shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(ia) the aggregate amount and currency of the requested Borrowing;
(iib) the date of such Borrowing, which shall be a Business Day;
(iiic) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivd) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(e) 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
(vf) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total 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 SectionSection 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
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent Lender of such request by telephone (a) in the case of a Eurodollar BorrowingLoan, not later than 11:00 a.m., New York City Houston time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowinga CBFR Loan, not later than 10:00 a.m., New York City Houston time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand or electronic delivery or telecopy or email with PDF attachment to the Administrative Agent Lender of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a CBFR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(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 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a CBFR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (American Electric Technologies Inc)
Requests for Borrowings. To request a Borrowing, the Borrower applicable Borrower, or the European J.V. on behalf of such Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case telecopy or email of scanned electronic format of a Eurodollar Borrowing, Borrowing Request (promptly followed by telephonic confirmation of such request) not later than 11:00 a.m.2:00 p.m., New York City London 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the Borrower requesting such Borrowing (or on whose behalf the European J.V. is requesting such Borrowing);
(ii) whether the requested Borrowing is to be an ABT Borrowing or a German Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing;
(iiiv) the date of such Borrowing, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as currency is specified with respect to the Type of Borrowing is specifiedany requested Borrowing, then the requested Borrowing Borrower shall be an ABR Borrowingdeemed to have selected Euros. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the 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, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowingtelephone, not later than 11:00 a.m., New York City time, three (x) in the case of ABR Borrowings, one Business Days Day before the date of the proposed Borrowing or and (by) in the case of an ABR BorrowingEurodollar Borrowings, not later than 10:00 a.m., New York City time, on three Business Days 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(ia) the aggregate amount and currency of the requested Borrowing;
(iib) the date of such Borrowing, which shall be a Business Day;
(iiic) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivd) in the case of if such Borrowing is to be a Eurodollar Borrowing, the initial Interest Period to be applicable with respect thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(ve) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05; provided, however, that notwithstanding any contrary specification in any such request for a Borrowing, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 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: Amendment and Restatement and Incremental Loan Assumption Agreement (Atp Oil & Gas Corp)
Requests for Borrowings. To request a BorrowingBorrowing on the Funding Date, the Borrower shall notify the Administrative Agent of such request by telephone request, (a) in the case of a Eurodollar Eurocurrency Borrowing, by a written Borrowing Request not later than 11:00 a.m.12:00 noon, New York City timeLocal Time, three two Business Days before the date of the proposed Borrowing Funding Date or (b) in the case of an ABR Borrowing, by telephone or by telecopy or by electronic mail not later than 10:00 a.m.12:00 noon, New York City timeLocal Time, on the date of the proposed BorrowingFunding Date. Each such telephonic Borrowing Request shall be irrevocable and and, if telephonic, shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment electronic mail to the Administrative Agent of a written Borrowing Request in a form approved agreed to by the Administrative Agent and the Borrower and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar the Type of the requested Borrowing;
(iv) the Class of the requested Borrowing;
(v) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.6. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Any Borrowing Request that shall fail to specify any of the information required by clause (i), (ii), (iv) or (vi) of the immediately preceding paragraph may be rejected by the Administrative Agent if such failure is not corrected promptly after the Administrative Agent shall give written or telephonic notice thereof to the Borrower and, if so rejected, will be of no force or effect. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowingthat the Lenders make Loans on the Effective Date, the Borrower shall notify the Administrative Agent of such request by telephone telephone
(a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Eurodollar Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of one Business Day before the proposed BorrowingEffective Date. Each such Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowingthe proposed Effective Date, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term terms “Interest Period”; and
(v) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration2.06. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Paying Agent of such request by telephone (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Prime 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 delivery, telecopy or email with PDF attachment to the Administrative Paying Agent of a written Borrowing Request in a form approved by the Administrative Paying Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information:
(i) the currency and aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a Prime Borrowing (if denominated in Dollars) or a Eurodollar Eurocurrency Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Prime Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative 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: Five Year Credit Agreement (Genworth Financial Inc)
Requests for Borrowings. To request a Borrowing, a conversion of Loans from one Type to the other or a continuation of Eurocurrency Loans, the Borrower shall notify the Administrative Agent of such request, which may be given by telephone, not later than (i) 10:00 a.m. (Pacific Time), three Business Days prior to the requested date of any Borrowing of, conversion to or continuation of Eurocurrency Loans or of any conversion of Eurocurrency Loans to Base Rate Loans (provided that, if the initial Borrowing hereunder consists of a Eurocurrency Borrowing, such request by telephone may be given not later than 10:00 a.m. (aPacific Time), one Business Day prior to the requested date of such Borrowing), and (ii) 10:00 a.m. (Pacific Time), one Business Day prior to the requested date of any Borrowing of Base Rate Loans. Each Borrowing Request shall be irrevocable and, in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and Request, shall be confirmed promptly by hand delivery or telecopy or email transmission by electronic communication in accordance with PDF attachment Section 9.01(b) to the Administrative Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent attached hereto as Exhibit D and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(iA) the aggregate amount and currency of the requested Borrowing, conversion or continuation;
(iiB) the date of such Borrowing, conversion or continuation, which shall be a Business Day;
(iiiC) whether such Borrowing Borrowing, conversion or continuation is to be an ABR a Base Rate Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivD) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vE) 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; and
(F) whether the Borrower is requesting a new Borrowing, a conversion of existing Loans from one Type to the other, or a continuation of Eurocurrency Loans for an additional Interest Period. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. In the case of a failure to timely request a conversion or continuation of Eurocurrency Loans, such Loans shall be converted into Base Rate Loans. If no Interest Period is specified with respect to any requested Eurodollar BorrowingEurocurrency Borrowing or conversion or continuation of Eurocurrency Loans, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Any automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurocurrency Loans. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. During the existence of an Event of Default, the Administrative Agent, at the direction of the Required Lenders, may require that no Loans may be requested as, converted to or continued as Eurocurrency Loans without the consent of the Required Lenders.
Appears in 1 contract
Samples: Credit Agreement (J2 Global, Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or e-mail, with respect to the initial Borrowing on the date of closing, and by telephone or e-mail, with respect to each subsequent Borrowing, (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City Houston 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 Houston 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 shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(v) the amount of the then effective Borrowing Base, the current total Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total 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 SectionSection 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
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) by delivering a Borrowing Request signed by an Authorized Representative of the Borrower or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent,
(a) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City Central 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 Central 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrowerirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01 hereof:
(i) the aggregate amount and currency of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 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: Syndicated Credit Agreement
Requests for Borrowings. To request a Revolving Loan ----------------------- Borrowing or Term Loan Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Dallas, Texas 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 Dallas, Texas time, on the same Business Day as 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 email with PDF attachment to the Administrative Agent of a written Borrowing Request in by means of a form approved by the Administrative Agent and Borrowing Request Form signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(v) 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 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower Representative shall notify the Administrative Agent of such request by telephone (a) in the case form of a Eurodollar Borrowing, Borrowing Request signed by the Borrower Representative not later than 11:00 a.m., New York City time, (a) in the case of a Eurocurrency Borrowing denominated in U.S. Dollars, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, four Business Days before the date of the proposed Borrowing, or (bc) 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrowerirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the name of the Borrower;
(ii) the aggregate amount and currency of the requested Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vvi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to 2.06; and
(vii) in the Type case 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 a Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period currency of one month’s durationsuch Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (KKR & Co. L.P.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing or EURIBOR Borrowing, not later than 11:00 a.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an a ABR Borrowing, not later than 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i1) the aggregate amount and currency of the requested Borrowing;
(ii2) the date of such Borrowing, which shall be a Business Day;
(iii3) in the case of Borrowings denominated in Dollars, whether such Borrowing is to be an a ABR Borrowing or a Eurodollar Borrowing;
(iv4) in the case of a Eurodollar Non-ABR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v5) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an a ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Non-ABR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Revolving Borrowing, Tranche A Term Borrowing, Tranche B or Initial Term Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m.2:00 p.m., New York City timeLocal 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 time, one Business Day before the date of the proposed Borrowing (or, in the case of up to $100 million of ABR Borrowings outstanding of any 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 Effective 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 or email with PDF attachment facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Financial Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information (to the extent applicable, in compliance with Section Sections 2.01 and 2.02:):
(i) specifying the aggregate amount and currency Class of the requested Borrowing;
(ii) the currency and the aggregate amount of such Borrowing;
(iii) the requested date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06(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
(vii) 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, specified then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified with respect to any requested Revolving Loan, the Borrower shall be deemed to have selected dollars. Promptly following receipt of a Borrowing Request in accordance with this Section, 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.
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Requests for Borrowings. To request a Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, or by telecopy not later than 11:00 a.m., New York City Brussels 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 and, if telephonic, shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved agreed to by the Administrative Agent and the Borrower Agent and signed by the applicable Borrower, or by the Borrower Agent 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 Borrower requesting such Borrowing (or on whose behalf the Borrower Agent is requesting such Borrowing);
(ii) the aggregate amount and currency of the requested Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing2.07. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
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Requests for Borrowings. To request a (a) Each Borrowing, each conversion of Loans from one Type to the Borrower other, and each continuation of Eurocurrency Loans shall notify be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may be given by telephone. Each such notice must be received by the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 noon, New York City time, (i) three (3) Business Days before prior to the requested date of the proposed any Borrowing or continuation of Eurocurrency Loans or any conversion of ABR Loans to Eurocurrency Loans (b) or on the Closing Date in the case of the initial Borrowing) and (ii) on the requested date of any Borrowing of ABR Loans. Each telephonic notice by the Borrower pursuant to this Section 2.03(a) must be confirmed promptly by delivery to the Administrative Agent of a written Borrowing Request, appropriately completed and signed by a Responsible Officer of the Borrower. Each Borrowing of, conversion to or continuation of Eurocurrency Loans shall be in an amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Each Borrowing of or conversion to ABR Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Borrowing Request (whether telephonic or written) shall specify (i) whether the Borrower is requesting a Borrowing of Loans, a conversion of Loans from one Type to the other, or a continuation of Eurocurrency Loans, (ii) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Loans to be borrowed, converted or continued and (iv) the Type of Loans to be borrowed or to which existing Loans are to be converted. If the Borrower fails to specify a Type of Loan in a Borrowing Request or fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, ABR Loans. Any such automatic conversion to ABR Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurocurrency Loans.
(b) Following receipt of a Borrowing Request, the Administrative Agent shall promptly notify each Lender of the amount of its pro rata share of the applicable Loans, and if no timely notice of a conversion or continuation is provided by the Borrower, the Administrative Agent shall notify each Lender of the details of any automatic conversion to ABR Loans described in Section 2.03(a). In the case of each Borrowing, each applicable Lender shall make the amount of its Loan available to the Administrative Agent in Same Day Funds at the Administrative Agent’s Office not later than 10:00 a.m.1:00 p.m., New York City time, on the date Business Day specified in the Borrowing Request. Upon satisfaction of the proposed Borrowingapplicable conditions set forth in Article IV, the Administrative Agent shall make all funds so received available to the Borrower in like funds as received by the Administrative Agent either by (i) crediting the account of the Borrower on the books of the Administrative Agent with the amount of such funds or (ii) wire transfer of such funds, in each case in accordance with instructions provided to (and reasonably acceptable to) the Administrative Agent by the Borrower.
(c) Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. Each During the existence of an Event of Default, the Required Lenders may require that no Loans may be converted to or continued as Eurocurrency Loans.
(d) The Administrative Agent shall promptly notify the Borrower and the Lenders of the interest rate applicable to any Interest Period for Eurocurrency Loans upon determination of such telephonic Borrowing Request interest rate. The determination of the Eurocurrency Rate by the Administrative Agent shall be irrevocable conclusive in the absence of manifest error. At any time that ABR Loans are outstanding, the Administrative Agent shall notify the Borrower and the Lenders of any change in the Administrative Agent’s prime rate used in determining the Base Rate promptly following the public announcement of such change.
(e) After giving effect to all Borrowings, all conversions of Loans from one Type to the other, and all continuations of Loans as the same Type, there shall not be confirmed promptly by hand delivery or telecopy or email with PDF attachment more than two (2) Interest Periods in effect unless otherwise agreed between the Borrower and the Administrative Agent.
(f) Unless the Administrative Agent shall have received notice from a Lender prior to the Closing Date that such Lender will not make available to the Administrative Agent such Lender’s portion of a written Borrowing Request in a form approved by such Borrowing, the Administrative Agent and signed by may assume that such Lender has made such portion available to the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) Administrative Agent on the date of such BorrowingBorrowing in accordance with paragraph (b) above, which and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If the Administrative Agent shall be a Business Day;
have so made funds available, then, to the extent that such Lender shall not have made such portion available to the Administrative Agent, each of such Lender and the Borrower severally agrees to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to the Administrative Agent at (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivi) in the case of a Eurodollar Borrowingthe Borrower, the initial Interest Period interest rate applicable at the time to be applicable theretothe Loans comprising such Borrowing and (ii) in the case of such Lender, which shall be a period contemplated the Overnight Rate plus any administrative, processing, or similar fees customarily charged by the definition Administrative Agent in accordance with the foregoing. A certificate of the term “Interest Period”; and
(v) the location and number of the Borrower’s account Administrative Agent submitted to which funds are to be disbursed, 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 any Lender with respect to any requested Eurodollar Borrowing, then amounts owing under this Section 2.03(f) shall be conclusive in the absence of manifest error. If the Borrower and such Lender shall be deemed pay such interest to have selected the Administrative Agent for the same or an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Sectionoverlapping period, the Administrative Agent shall advise each Lender of promptly remit to the details thereof and of Borrower the amount of such interest paid by the Borrower for such period. If such Lender pays its share of the applicable Borrowing to the Administrative Agent, then the amount so paid shall constitute such Lender’s Loan included in such Borrowing and the Administrative Agent shall promptly remit to Borrower any amounts previously paid by Borrower in respect of such Borrowing under this Section 2.03. Any payment by the Borrower shall be made as part of without prejudice to any claim the requested BorrowingBorrower may have against a Lender that shall have failed to make such payment to the Administrative Agent.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone confirmed promptly by email (in .pdf format) or fax to the Administrative Agent of a written Borrowing Request in the form of Exhibit B or any other form approved by the Administrative Agent and signed by a Financial Officer (a) in the case of a Eurodollar LIBOR Borrowing, not later than 11:00 a.m.1:00 p.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.1:00 p.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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate principal amount and currency of the requested such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number Applicable Funding Account. Any Borrowing Request that shall fail to specify any of the Borrower’s account to which funds are to information required by the preceding provisions of this paragraph may be disbursed, which rejected by the Administrative Agent if such failure is not corrected promptly after the Administrative Agent shall comply with the requirements of Section 2.04. If no election as give written or telephonic notice thereof to the Type Borrower and, if so rejected, will be of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationforce or effect. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender that will make a Loan as part of the requested Borrowing of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request (which request shall be in writing unless otherwise agreed to by telephone the Administrative Agent)
(a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York, New York City time, three two Business Days before the date of the proposed Borrowing or Closing Date and (b) in the case of an ABR Borrowing, not later than 10:00 a.m.2:00 p.m., New York City York, New York, time, on one Business Day before the date of the proposed BorrowingClosing Date. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly made by hand delivery or delivery, telecopy or email with PDF attachment electronic communication (e-mail) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent of Exhibit 2.03 (a “Borrowing Request”) and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. ; If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender in writing 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
Requests for Borrowings. (a) To request a Borrowing, the Borrower applicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Applicable Agent (and the Administrative Agent, if the Applicable Agent is not the Administrative Agent) of such request by telephone (aor, with respect to the Administrative Agent, by e-mail in accordance with Section 10.01):
(i) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m.2:00 p.m., New York City timeLocal Time, three (3) Business Days before the date of the proposed Borrowing or Borrowing; and
(bii) in the case of an ABR Borrowing, Borrowing not later than 10:00 a.m.2:00 p.m., New York City time, on one (1) Business Day before the date of the proposed Borrowing. Each such telephonic or electronic Borrowing Request shall be irrevocable and shall be confirmed promptly by 3:00 p.m. (Local Time) on the same Business Day by e-mail (if to the Administrative Agent), hand delivery or telecopy or email with PDF attachment to the Administrative Applicable Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent of Exhibit E and signed by the applicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic telephonic, electronic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
1. The Borrower requesting such Borrowing (i) or on whose behalf the Company is requesting such Borrowing);
2. The currency and aggregate principal amount and currency of the requested Borrowing;
(ii) the 3. The date of such the requested Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar 4. The Type of the requested Borrowing;
(iv) in 5. In the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the 6. 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 2.04. 2.06.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing (to the extent requested not later than 2:00 p.m., Local Time, three (3) Business Days before the date of the proposed Borrowing, and if not requested by such deadline, (i) in the case of a Borrowing in U.S. Dollars, an ABR Borrowing and (ii) in the case of any other Borrowing, a new Borrowing request shall be submitted). If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified as to any Borrowing, then the requested Borrowing shall be made in U.S. Dollars. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Applicable Agent shall advise each Lender of the details thereof and of the amount of such Lender’s the Loan to be made by such Lender as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Schulman a Inc)
Requests for Borrowings. To request a Borrowingthat the Lenders make Loans on the Effective Date, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Eurodollar Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 11:00 a.m., New York City time, on the date of one Business Day before the proposed BorrowingEffective Date. Each such Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowingthe proposed Effective Date, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term terms “Interest Period”; and
(v) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration2.06. Promptly following receipt of a the Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City timeEastern Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Floating Rate Borrowing, not later than 10:00 a.m.2:00 p.m., New York City timeEastern 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 delivery, telecopy or email with PDF attachment electronic communication to the Administrative Agent Lender of a written Borrowing Request in a form approved by the Administrative Agent Lender and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar the Type of Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in by irrevocable written notice via a written Borrowing Request signed by the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing Borrower 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 by telephone; provided that any such telephonic Borrowing Request notice shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such Borrowing Request must be received by the Administrative Agent not later than 11:00 a.m. three Business Days prior to the requested date of any Borrowing. Each such telephonic notice and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the name of the Borrower requesting such Borrowing;
(ii) the aggregate principal amount and currency of the requested Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(v) whether such Borrowing is to be a Three-Year Borrowing or a Five-Year Borrowing; and
(vvi) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing2.07. If no Interest Period is specified with respect to any requested Eurodollar SARON Borrowing, then the Borrower shall be deemed to have selected an a One-Month Interest Period of one month’s durationPeriod. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable 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 (Bruker Corp)
Requests for Borrowings. To request a BorrowingBorrowing (other than a Swing Line Loan), the Borrower shall notify the Administrative Agent of such request by telephone in writing (which may be via facsimile or email) (a) in the case of a Eurodollar Rate Borrowing, not later than 11:00 10:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 10:00 a.m., New York City time, a.m. on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable irrevocable, and shall shall, if in writing, be confirmed promptly by hand delivery in substantially the form of Exhibit C attached hereto (or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a such other form as may be approved by the Administrative Agent and signed by the BorrowerAgent). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(ia) the aggregate amount and currency of the requested Borrowing;
(iib) the date of such Borrowing, which shall be a Business Day;
(iiic) whether such Borrowing is to be an ABR Borrowing a Revolving Loan, a Five-Year Term Loan or a Seven-Year Term Loan;
(d) whether such Borrowing is to be a Base Rate or Eurodollar Rate Borrowing;
(ive) in the case of a Eurodollar BorrowingRate, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vf) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Appropriate Lender of the details thereof and of the amount of such Appropriate Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) irrevocable written notice (via a written Borrowing Request in a form reasonably approved by the Administrative Agent and signed by the Borrower) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in dollars, not later than 11:00 9:00 a.m., New York City timeLocal Time, three Business Days (or such shorter time period as may be agreed by the Administrative Agent in its reasonable discretion) before the date of the proposed Borrowing or and (b) telephone, in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of same day as the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”, and the currency of such Borrowing, which shall be dollars or a Foreign Currency; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06; and
(vi) in the case of a Borrowing in a Foreign Currency, the location from which payments of the principal and interest on such Borrowing will be made, which will comply with the requirements of Section 2.17. If no election as to the Type of Dollar Borrowing is specified, then the requested Dollar Borrowing shall be an ABR Borrowing. If no currency is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Loan Agreement (Moodys Corp /De/)
Requests for Borrowings. To Except with respect to Terms Loans to be deemed made on the Effective Date pursuant to Section 2.01(a), to request a Borrowing, the Borrower Borrowers shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the an 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 aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and account number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower 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, 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
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Senior Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Senior Agent and signed by the Borrower, PROVIDED that, without prejudice to Section 2.13, the Borrower shall be permitted to revoke any Borrowing Request related to a Eurodollar Borrowing. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by conform to the definition of the term “"Interest Period”"; and
(v) 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 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Senior 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 Loan Agreement (Chartermac)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone delivering an irrevocable written Borrowing Request in the form of Exhibit A (a) in the case of a Eurodollar BorrowingBorrowing which is a Dollar Revolving Loan, not later than 11:00 a.m., New York City time, at least three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurodollar Borrowing which is a Euro Revolving Loan or Sterling Revolving Loan, to the London office of the Administrative Agent, not later than 11:00 a.m., Local Time, at least three (3) Business Days before the date of the proposed Borrowing or (bc) 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 each ABR Borrowing shall consist solely of Dollar Revolving Loans. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) the currency of such Borrowing (which shall be Dollars, Euro or Pounds Sterling);
(iv) in the case of a Borrowing to be denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing or any conversion or continuation of any Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in writing or other electronic communication acceptable to the case of a Eurodollar BorrowingAdministrative Agent, not later than 11:00 a.m.12:00 noon, New York City time, at least (a) three (3) Business Days before prior to the requested date of the proposed any Borrowing of, conversion to or continuation of Eurodollar Loans or of any conversion of Eurodollar Loans to Base Rate Loans and (b) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans; provided that, in each case, no such notice shall be required for any deemed request of a Borrowing to finance the case reimbursement of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingLC Disbursement as provided in Section 2.08(e). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) whether the aggregate amount and currency Borrower is requesting a Borrowing, a conversion of Loans from one Type of Loan to the requested Borrowingother, or a continuation of Eurodollar Loans;
(ii) the principal amount of Loans to be borrowed, converted or continued;
(iii) the Type of Loans to be borrowed or to which existing Loans are to be converted;
(iv) the date of such Borrowing, conversion or continuation, as the case may be, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowingif applicable, the duration of the Interest Period with respect thereto;
(ivvi) in the case amount of a Eurodollar Borrowingthe then effective Borrowing Base, the initial Interest Period current total Credit Exposures (without regard to be applicable thereto, which shall be a period contemplated by the definition of requested Borrowing) and the term “Interest Period”; andpro forma total Credit Exposures (giving effect to the requested Borrowing);
(vvii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to Each Borrowing Request shall constitute a representation that the Type amount of Borrowing is specified, then the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). If the Borrower fails to specify a Type of Loan in a Borrowing Request, then the applicable Loans shall be an ABR made as Eurodollar Loans with a one-month Interest Period, provided, that such Borrowing Request, is received by Administrative Agent not later than 11:00 a.m. at least three (3) Business Days prior to the requested date of such Borrowing or any conversion or continuation of any Borrowing. If no such notice is not received in accordance with the proviso in the preceding sentence, then such Loans shall be made as Base Rate Loans. If the Borrower fails to give timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Eurodollar Loans with a one-month Interest Period. Any such automatic conversion to Base Rate Loans or Eurodollar Loans with a one-month Interest Period, as applicable, shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested the applicable Eurodollar Borrowing, then Loans. If the Borrower shall requests a Borrowing or any conversion or continuation of any Borrowing in any such Borrowing Request, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 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
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone or by facsimile (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 and, if telephonic, shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment facsimile to the Administrative Agent of a written Borrowing Request in a form approved agreed to by the Administrative Agent and the Borrower and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate principal amount and currency of the requested Borrowing;
(ii) the date of such the requested Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar the Type of the requested Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, Each Borrowing of Eurodollar Rate Loans shall be made upon the Borrower shall notify Borrower’s irrevocable notice 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 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bB) 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 a Loan Notice; provided that any telephonic Borrowing Request shall be irrevocable and shall notice must be confirmed promptly immediately by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved Loan Notice. Each such Loan Notice must be received by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
not later than 12:00 noon (i) the aggregate amount and currency of three Business Days prior to the requested date of any Borrowing of Eurodollar Rate Loans and (ii) on the requested date of any Borrowing of Base Rate Loans. Each Loan Notice shall specify (i) whether the requested Borrowing is to be a Revolving Borrowing or Term Borrowing;
, (ii) the requested date of such Borrowing, the Borrowing (which shall be a Business Day;
), (iii) the principal amount of Loans to be borrowed, converted or continued, (iv) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Rate Borrowing, and if applicable, the initial duration of the Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
with respect thereto and (v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as the Borrower fails to the specify a Type of Borrowing is specifiedLoan in the Loan Notice, then the requested Borrowing applicable Loans shall be made as, or converted to, (x) in the case of a Revolving Borrowing, Base Rate Loans or (y) in the case of a Term Borrowing, Eurodollar Rate Loans with an ABR BorrowingInterest Period of one month (or, in the case of the initial Borrowing of Term Loans, with an Interest Period as specified in clause (iv) of the definition of “Interest Period”). If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall requests a Borrowing of Eurodollar Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (PharMerica CORP)
Requests for Borrowings. To request a Borrowing, the ----------------------- Borrower shall notify the Administrative Agent of such request by telephone (a) at any time Lucent is a Lender, not later than 12:00 (noon), New York City time, four Business Days before the date of the proposed Borrowing, or (b) at any time that Lucent is not a Lender (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:00 (noon), New York City time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.12:00 (noon), New York City time, time on the Business Day before the date of the proposed Borrowing; provided that the Borrower may make no more than 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). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of whether the requested Borrowing is to be a Tranche 1 Borrowing or a Tranche 2 Borrowing;
(ii) the aggregate amount of such Borrowing and the use of proceeds therefrom (and, if such proceeds are to be used to finance the cost of equipment, such written Borrowing Request shall attach copies of invoices issued by Lucent and/or third party vendors for which such proceeds are to be used);
(iii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(vvi) the location and number of the Borrower’s account or accounts to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.2:00 p.m., New York City Eastern 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 9:00 a.m., New York City Eastern 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 or email with PDF attachment facsimile to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B attached hereto and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) whether such Borrowing is to be a Term A-3 Borrowing or a Term A-5 Borrowing;
(v) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.7. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.3, 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 (Symantec Corp)
Requests for Borrowings. (a) To request a the only Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Boston, Massachusetts 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. .
(b) Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.5. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the 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 SectionSection 2.3, the Administrative Agent shall advise each Lender Noteholder of the details thereof and of the amount of such LenderNoteholder’s Term B2 Loan to be made as part of the requested Borrowing.
(c) Unless otherwise consented to by the Administrative Agent in its sole discretion, prior to ten Business Days after the Effective Date, no Interest Period of more than one month may be elected.
Appears in 1 contract
Samples: Senior Secured Floating Rate Note Purchase Agreement (Affinity Group Holding Inc)
Requests for Borrowings. To request a Borrowing or any conversion or continuation of any Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in writing or other electronic communication acceptable to the case of a Eurodollar BorrowingAdministrative Agent, not later than 11:00 a.m.12:00 noon, New York City time, at least (a) three (3) Business Days before prior to the requested date of the proposed any Borrowing of, conversion to or continuation of Eurodollar Loans or of any conversion of Eurodollar Loans to Base Rate Loans and (b) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans; provided that, in each case, no such notice shall be required for any deemed request of a Borrowing to finance the case reimbursement of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingLC Disbursement as provided in Section 2.08(e). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) whether the aggregate amount and currency Borrower is requesting a Borrowing, a conversion of Loans from one Type of Loan to the requested Borrowingother, or a continuation of Eurodollar Loans;
(ii) the principal amount of Loans to be borrowed, converted or continued;
(iii) the Type of Loans to be borrowed or to which existing Loans are to be converted;
(iv) the date of such Borrowing, conversion or continuation, as the case may be, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowingif applicable, the duration of the Interest Period with respect thereto;
(ivvi) in the case amount of a Eurodollar Borrowingthe then effective Borrowing Base and the then effective Aggregate Elected Commitments, the initial Interest Period current total Credit Exposures (without regard to be applicable thereto, which shall be a period contemplated by the definition of requested Borrowing) and the term “Interest Period”; andpro forma total Credit Exposures (giving effect to the requested Borrowing);
(vvii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to Each Borrowing Request shall constitute a representation that the Type amount of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowingnot cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts, the then effective Borrowing Base and the then effective Aggregate Elected Commitments). If no Interest Period is specified with respect the Borrower fails to any requested Eurodollar Borrowingspecify a Type of Loan in a Borrowing Request, then the Borrower applicable Loans shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of Eurodollar Loans with a one-month Interest Period, provided, that such Borrowing Request, is received by Administrative Agent not later than 11:00 a.m. at least three (3) Business Days prior to the requested Borrowing.date of such Borrowing or any conversion or continuation of any [Credit Agreement]
Appears in 1 contract
Requests for Borrowings. To request a the Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or Date and (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 BorrowingBorrowing Date. Each such Such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy or email with electronic mail delivery, in PDF attachment form, to the Administrative Agent of a written Borrowing Request in a form approved by of Exhibit 2.03 (the Administrative Agent “Borrowing Request”) and signed by the Borroweran Authorized Officer. Each such Such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such the Borrowing, which shall be a Business Day;
(iii) whether such the Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower Company shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a the Borrowing Request in accordance with this SectionSection 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: Term Loan Agreement (Energy Transfer Partners, L.P.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone fifteen (a15) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a the form of Exhibit G or any other form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) : the aggregate amount and currency of the requested such Borrowing;
(ii) ; the date of such Borrowing, which shall be a Business Day;
(iii) ; 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;
(iv) ; in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”"; and
(v) and 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 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)
Requests for Borrowings. To request a Borrowing, the 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 or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Houston, Texas 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.noon, New York City Houston, Texas 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 2.06(e). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy or email with PDF attachment a communication US 4894648v.16 through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. (a) To request a BorrowingRevolving Loan or Swing Line Loan, the applicable Borrower (or Administrative Borrower on behalf of such Borrower) shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurodollar BorrowingRate Loan, not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing Eurodollar Rate Loan or (bii) in the case of an ABR Borrowinga Base Rate Loan (including a Swing Line Loan), not later than 10:00 a.m., New York City time, 1:00 p.m. on the same Business Day as the date of the proposed BorrowingBase Rate Loan. Each such telephonic Borrowing Request request shall be irrevocable and and, to the extent required by Agent, shall be confirmed promptly by hand delivery or telecopy facsimile (including by email or email with PDF attachment other electronic communication) to the Administrative Agent of a written Borrowing Request request in a form approved by the Administrative reasonably satisfactory to Agent and signed by or on behalf of the applicable Borrower or Administrative Borrower on behalf of such Borrower. .
(b) Each such telephonic and written Borrowing Request request shall be in a form previously approved by Agent and shall specify the following information in compliance with Section 2.02information:
(i) the aggregate amount and currency of the requested BorrowingBorrower requesting such Revolving Loan or Swing Line Loan;
(ii) whether such Loan is a Revolving Loan or Swing Line Loan;
(iii) the aggregate amount of such Revolving Loan or Swing Line Loan;
(iv) the date of such BorrowingRevolving Loan or Swing Line Loan, which shall be a Business Day;
(iiiv) whether if such Borrowing Loan is to be an ABR Borrowing a Revolving Loan, whether such Revolving Loan is to be a Base Rate Loan or a Eurodollar Borrowing;
(iv) in the case of Rate Loan or 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”combination thereof; and
(vvi) the location and number deposit account of the Borrower’s applicable Borrower specified on Schedule 8.21 or any other account with Agent (or one of its Affiliates) that shall be specified in a written notice signed by an officer of such Borrower and delivered to Agent, to which funds the proceeds of such Loan are to be disbursed, which shall comply with the requirements of Section 2.04. remitted.
(c) If no election as to whether a Revolving Loan is to be a Base Rate Loan or Eurodollar Rate Loan is specified in the Type of Borrowing is specifiedapplicable request, then the requested Borrowing Revolving Loan shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationa Base Rate Loan. Promptly following receipt of a Borrowing Request request for a Revolving Loan in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowingrequest.
(d) All Loans and Letters of Credit under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, any Borrower or Guarantor when deposited to the credit of any Borrower or Guarantor or otherwise disbursed or established in accordance with the instructions of any Borrower or Guarantor or in accordance with the terms and conditions of this Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Nci Building Systems Inc)
Requests for Borrowings. To request a BorrowingBorrowing (other than a continuation or conversion, which is governed by Section 2.07), the applicable Borrower shall notify the Administrative Agent of such request by telephone (or, by e-mail in accordance with Section 9.01): (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City timeLocal 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 timeLocal Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly (and in any event, within 2 hours of any telephonic notification) by e-mail, hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent of Exhibit B and signed by the applicable Borrower. Each such telephonic telephonic, electronic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the currency (if other than U.S. Dollars) and aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(v) the Borrower requesting such Borrowing; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06(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. If no currency is specified as to any Borrowing of Revolving Loans, then the requested Borrowing shall be made in U.S. Dollars. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. (a) To request a Borrowing, the Borrower or the Depositary shall notify deliver to the Administrative Agent a Borrowing Request signed by an authorized officer of such request by telephone the Borrower or Depositary, as applicable, (a1) in the case of a any Eurodollar BorrowingBorrowing by the Borrower, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, (b2) in the case of an ABR BorrowingBorrowing by the Borrower, not later than 10:00 1:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing and (3) in the case of an ABR Borrowing by the Depositary, not later than 10:30 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall (x) attach a copy of a Compliance Certificate as contemplated by Section 5.2(c), and (y) be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email (other than in accordance with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request Section 2.3(d))and shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and.
(vb) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower or the Depositary, as applicable, shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
(c) Notwithstanding anything to the contrary contained herein, any request for an ABR Borrowing made by the Depositary with respect to any CP Notes must be delivered to the Administrative Agent by 10:30 a.m., New York City time, on or before the 15th day following the maturity date of such CP Notes (or, if such 15th day is not a Business Day, the next succeeding Business Day).
(d) Notwithstanding anything to the contrary contained herein, in the event that the Administrative Agent has received a Borrowing Request from each of the Borrower and the Depositary requesting Borrowings to be made on the same date and the sum of the aggregate principal amount of such requested Borrowings would exceed the amount set forth in Section 2.2(c), the Borrower may submit a written request to the Administrative Agent to revoke the Borrower’s Borrowing Request and the Administrative Agent may, in its sole and absolute discretion, honor such request. The Borrower hereby agrees that, in the event such request for revocation is honored by the Administrative Agent, the Borrower shall be deemed to have failed to borrow the Loans requested by such revoked Borrowing Request on the date specified therein and shall be liable for any break funding under Section 3.6 resulting from such failure. The Administrative Agent shall (i) notify the Borrower and the Lenders promptly after the Administrative Agent honors such request for revocation of the applicable Borrowing Request and (ii) shall promptly return all funds to each Lender made available to the Administrative Agent by such Lender in connection with such revoked Borrowing Request.
Appears in 1 contract
Samples: Credit Agreement (Duff & Phelps Utility & Corporate Bond Trust Inc)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone telephone, hand delivery, facsimile or electronic transmission, which such notice shall be in the form of (or, in the case of telephonic notification, promptly confirmed in the form of) a written Borrowing Request signed by the Borrower (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrowerirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. 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 Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing; provided, however, in no event shall the Borrower be entitled to submit a request for a Borrowing or (b) if such Borrowing is contingent upon a Real Property being included in the case Borrowing Base until the Borrower has been notified in accordance with Section 2.05(b) that such Real Property is an Approved Eligible Property and the Borrower has otherwise satisfied the conditions set forth in Section 2.05(c) with respect to such Approved Eligible Property (or Administrative Agent is satisfied that such conditions will be satisfied prior to the time such Borrowing is to be advanced in accordance with this Agreement or concurrently with the advance of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowingsuch Borrowing in accordance with this Agreement). Each such telephonic Borrowing Request shall may be irrevocable revocable and shall be confirmed promptly made by hand delivery or (x) telecopy or email e-mail, in each case with PDF attachment telephone confirmation or (y) hand delivery, to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the BorrowerAgent. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(iv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. (a) To request a Borrowing, the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, pursuant to arrangements for doing so approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, 12:30 p.m. three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, 12:30 p.m. on the date of the proposed Borrowing. Each such Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable (except as otherwise provided in Section 3.4) and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. 2.4.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Allete Inc)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by facsimile or by telephone with a facsimile confirmation (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City Houston, Texas time, three Business Days before the date of the proposed Borrowing or (b) in the case of an a ABR Borrowing, not later than 10:00 a.m., New York City Houston, Texas 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 2.08(e) may be given not later than 9:00 a.m., Houston, Texas 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(v) the amount of the then effective Borrowing Base, the current total Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total 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 SectionSection 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
Requests for Borrowings. To request a Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City Charlotte, North Carolina, time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 10:00 11:00 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 delivery, telecopy or email with PDF attachment electronic communication (e-mail) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent of Exhibit 2.03 (a “Borrowing Request”) and signed by the BorrowerCompany. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower 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 SectionSection 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 (Kinder Morgan Energy Partners L P)
Requests for Borrowings. To request a Borrowing or any conversion or continuation of any Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in writing or other electronic communication acceptable to the case of a Eurodollar BorrowingAdministrative Agent, not later than 11:00 a.m.12:00 noon, New York City time, at least (a) three (3) Business Days before prior to the requested date of the proposed any Borrowing of, conversion to or continuation of Eurodollar Loans or of any conversion of Eurodollar Loans to Base Rate Loans and (b) one (1) Business Day prior to the requested date of any Borrowing of Base Rate Loans; provided that, in each case, no such notice shall be required for any deemed request of a Borrowing to finance the case reimbursement of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingLC Disbursement as provided in Section 2.08(e). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) whether the aggregate amount and currency Borrower is requesting a Borrowing, a conversion of Loans from one Type of Loan to the requested Borrowingother, or a continuation of Eurodollar Loans;
(ii) the principal amount of Loans to be borrowed, converted or continued;
(iii) the Type of Loans to be borrowed or to which existing Loans are to be converted;
(iv) the date of such Borrowing, conversion or continuation, as the case may be, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowingif applicable, the duration of the Interest Period with respect thereto;
(ivvi) in the case amount of a Eurodollar Borrowingthe then effective Borrowing Base and the then effective Aggregate Elected Commitments, the initial Interest Period current total Credit Exposures (without regard to be applicable thereto, which shall be a period contemplated by the definition of requested Borrowing) and the term “Interest Period”; andpro forma total Credit Exposures (giving effect to the requested Borrowing);
(vvii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to Each Borrowing Request shall constitute a representation that the Type amount of Borrowing is specified, then the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts, the then effective Borrowing Base and the then effective Aggregate Elected Commitments). If the Borrower fails to specify a Type of Loan in a Borrowing Request, then the applicable Loans shall be an ABR made as Eurodollar Loans with a one-month Interest Period, provided, that such Borrowing Request, is received by Administrative Agent not later than 11:00 a.m. at least three (3) Business Days prior to the requested date of such Borrowing or any conversion or continuation of any Borrowing. If no such notice is not received in accordance with the proviso in the preceding sentence, then such Loans shall be made as Base Rate Loans. If the Borrower fails to give timely notice requesting a conversion or continuation, then the applicable Loans shall be made as, or converted to, Eurodollar Loans with a one-month Interest Period. Any such automatic conversion to Base Rate Loans or Eurodollar Loans with a one-month Interest Period, as applicable, shall be effective as of the last day of the Interest Period is specified then in effect with respect to any requested the applicable Eurodollar Borrowing, then Loans. If the Borrower shall requests a Borrowing or any conversion or continuation of any Borrowing in any such Borrowing Request, but fails to specify an Interest Period, it will be deemed to have selected specified an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 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
Requests for Borrowings. To request a Revolving Borrowing, the applicable Borrower (or the Company on its behalf) shall notify submit a Borrowing Request, signed by its Authorized Officer, to the Administrative Agent of such request by telephone (a) in the case of a Eurodollar BorrowingTerm SOFR Borrowing denominated in US Dollars, not later than 11:00 a.m., New York City timeLocal Time, three two Business Days before the date of the proposed Borrowing, (b) in the case of XXXXX Borrowing, a EURIBOR Borrowing or any other Borrowing denominated in an Alternative Currency, not later than 11:00 a.m., Local Time, four Business Days before the date of the proposed Borrowing 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 (or, in the case of any ABR Term Borrowing, such later time on such day as may be agreed to in writing by the Administrative Agent). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency name of the requested applicable Borrower;
(ii) [reserved];
(iii) the currency and principal amount of such Borrowing;
(iiiv) the date of such Borrowing, which shall be a Business Day;; #96405571v11
(iiiv) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivvi) in the case of a Eurodollar Term SOFR Borrowing or a EURIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vvii) the location and number of the Borrower’s account of the applicable Borrower to which funds are to be disburseddisbursed (or such other account as may be designated by (or by the Company on behalf of) the applicable Borrower) or, which shall comply with in the requirements case of any ABR Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.04. If no election as to 2.20(f), the Type identity 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 Issuing Bank that made such LC Disbursement; and
(viii) in the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt case of a Borrowing Request in accordance with this Sectionby a Foreign Borrowing Subsidiary, the Administrative Agent shall advise each Lender jurisdiction from which payments of the details thereof principal and interest on such Borrowing will be made.; and
(ix) if applicable, whether the Borrowing is the Certain Funds Credit Extension. Notwithstanding anything herein to the contrary, (i) the request for the Certain Funds Credit Extension may be revocable or made contingent on the closing of the amount of Amendment No. 1 Target Acquisition; provided that the request for the Certain Funds Credit Extension shall certify that the proceeds thereof shall be used solely for Certain Funds Purposes, (ii) if the Company requests a Borrowing but fails to specify if such Lender’s Loan Borrowing is the Certain Funds Credit Extension, such Borrowing will be deemed not to be the Certain Funds Credit Extension and (iii) the Certain Funds Credit Extension may only be denominated in US Dollars or Euros and may only be made as part of to the requested BorrowingCompany.
Appears in 1 contract
Samples: Credit Agreement (Trimble Inc.)
Requests for Borrowings. To request a Borrowing, the applicable Borrower shall notify the Administrative Agent of such request by telephone in writing (a) in the case of a Eurodollar BorrowingBorrowing in U.S. Dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurodollar Borrowing in Euros, not later than 11:00 a.m., London time, three Business Days before the date of the proposed Borrowing, (c) in the case of a Eurodollar Borrowing in Philippine Pesos, not later than 11:00 a.m Manila time, three Business Days before the date of the proposed Borrowing, or (bd) 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 in the form of Exhibit B or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a any other form approved by the Administrative Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.02 :
(i) whether the aggregate amount and currency of the requested BorrowingLoans comprising such Borrowing are U.S. Revolving Loans, EUR Revolving Loans or PHP Revolving Loans;
(ii) the aggregate amount of the requested Borrowing and the currency of the requested Borrowing (which in each case shall be in accordance with Section 2.02 );
(iii) the date of such the requested Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the such Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07 . If no election as to the Type of Borrowing U.S. Revolving Loan by U.S. Borrower is specified, then the requested Borrowing U.S. Revolving Loan shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar BorrowingBorrowing for EUR Revolving Loans or PHP Revolving Loans, then the Borrower Borrowers 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 SectionSection , 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 (Schweitzer Mauduit International Inc)
Requests for Borrowings. To request a Borrowing, the Borrower Company shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 10:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or and (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 delivery, telecopy or email with electronic mail delivery, in PDF attachment form, to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent of Exhibit 2.03 (a “Borrowing Request”) and signed by the Borroweran Authorized Officer. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower 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 SectionSection 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. If a Lender determines that the LIBOR Rate for the Interest Period requested in a Borrowing Request will not adequately and fairly reflect the cost to such Lender of making or maintaining its Loan with respect to such Borrowing, such Lender shall notify the Administrative Agent in writing of same prior to the funding of such requested Eurodollar Borrowing. In the event the Administrative Agent receives such written notices from Lenders constituting the Required Lenders, the Administrative Agent shall proceed in accordance with Section 2.13.
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m.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 or delivery, telecopy or email with PDF attachment electronic mail to the Administrative Agent of a written Borrowing Request in a the form of Exhibit C or any other form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.07. If no election as to the Type of such Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any such requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Term Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Fortune Brands Home & Security, Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower applicable Borrower, or the European J.V. on behalf of such Borrower, shall notify the Administrative Agent of such request by telephone telecopy (apromptly followed by telephonic confirmation of such request) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.2:00 p.m., New York City London 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the Borrower requesting such Borrowing (or on whose behalf the European J.V. is requesting such Borrowing);
(ii) whether the requested Borrowing is to be an ABT Borrowing, a GDTG Borrowing or a Term Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing;
(iiiv) the date of such Borrowing, which shall be a Business Day;
(iiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.06. If no election as currency is specified with respect to the Type of Borrowing is specifiedany requested Borrowing, then the requested Borrowing Borrower shall be an ABR Borrowingdeemed to have selected Euros. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the 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, 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 and Revolving Credit Agreement (Goodyear Tire & Rubber Co /Oh/)
Requests for Borrowings. (a) To request a BorrowingBorrowing (other than Swingline Borrowings with respect to which this Section 2.03(a) shall not apply), the Borrower shall notify the Administrative Agent of such request by telephone delivering to the Administrative Agent, a written Borrowing Request signed by the Borrower, which may be given by “.pdf” or similar electronic means, (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., New York City time, (A) with respect to the initial Borrowing, one (1) Business Day before the date of the proposed Borrowing and (B) with respect to all other Borrowings, three (3) Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR BorrowingBorrowing (or such shorter period as the Administrative Agent may agree), not later than 10:00 11:00 a.m., New York City time, on time one (1) Business Day prior to the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and delivery thereof shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment telephone to the Administrative Agent of a Agent. The written Borrowing Request in a form approved (including by the Administrative Agent and signed by the Borrower. Each such telephonic and written email) Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) whether the requested Borrowing is to be a Tranche B Term Loan Borrowing or a Revolving Borrowing or an Incremental Loan Borrowing of a particular Series;
(ii) the aggregate amount and currency of the requested Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and account number of the Borrower’s account to which funds the proceeds of such Borrowing are to be disbursed, which shall comply with the requirements of Section 2.04disbursed (if applicable). If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a the Borrowing Request in accordance with this SectionSection 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.
(b) In order to request a Swingline Loan, the Borrower shall give to the Administrative Agent a written Borrowing Request signed by the Borrower, which may be given by “.pdf” or similar electronic means, not later than 1:00 p.m., New York City time, (or such shorter period as the Administrative Agent may agree).
Appears in 1 contract
Requests for Borrowings. To request a Borrowing, the 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 or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.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, 1:00 p.m., New York 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 such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile or email with PDF attachment a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the BorrowerBorrower Representative. 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(s);
(ii) the aggregate amount and currency of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and
(ivv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period”; and
(v) 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. ." If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower applicable Borrower(s) shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Borrowings. (a) To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall notify the Administrative Agent of such request (a) in the case of a Eurocurrency Borrowing in Dollars, not later than 12:00 noon, Local Time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing in an Alternate Currency, not later than 12:00 noon, Local Time, four (4) Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, by telephone, not later than 12:00 noon, Local Time, on the Business Day of the proposed Borrowing; provided, that, to request a Eurocurrency or ABR Borrowing on the Closing Date or the Amendment No. 1 Effective Date, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurodollar Borrowing, not no later than 11:00 a.m.5:00 p.m., New York City timeLocal Time, three two Business Days before prior to such date (or such later time as 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 BorrowingAdministrative Agent may agree). Each such telephonic Borrowing Request shall be irrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Merger) and (in the case of telephonic requests) shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment electronic means to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) whether such Borrowing is to be a Borrowing of Term B-1 Loans, Other Term Loans or Revolving Facility Loans of a particular Class, as applicable;
(ii) the aggregate amount and currency of the requested Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(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
(vvii) 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. 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, Eurocurrency Borrowing then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 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
Requests for Borrowings. To request a BorrowingBorrowing of Loans, the Borrower Borrowers shall notify the Administrative Agent of such request in writing in the form of a Borrowing Request signed by telephone the applicable Borrower by hand delivery or electronic means (a) in the case of a Eurodollar Eurocurrency Borrowing, not later than 11:00 a.m.2:00 p.m., New York City time, Local Time at least three (3) Business Days before the date in advance of the proposed Borrowing Date or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., New York City time, on the date 11:00 a.m. Local Time one (1) Business Day in advance of the proposed Borrowing. Each Borrowing Date (or, in each case, such telephonic shorter period as the Administrative Agent and the Lenders may agree); provided that, (i) to request a Eurocurrency Borrowing Request or ABR Borrowing on the Closing Date, the Parent Borrower shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to notify the Administrative Agent of a written such request in writing (which may be by electronic means) not later than 1:00 p.m., Local Time, one Business Day prior to the Closing Date (or such later time as the Administrative Agent and the Lenders may agree) and, (ii) any such notice of an Incremental Term Borrowing (other than for 2022 Term Loan Borrowing) may be given at such time as provided in the applicable Incremental Assumption Agreement and (iii) the Borrowing Request in a form approved for any 2022 Term Loans shall be received by the Administrative Agent and signed by no later than 2:00 p.m. on the Borrowerdate that is three (3) Business Days prior to the Borrowing Date in respect thereof. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) whether such Borrowing is to be a Borrowing of Initial Term Loans or Other Term Loans, as applicable;
(ii) the aggregate amount and currency of the requested Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business DayDay (the “Borrowing Date”);
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(vvi) the location and number of the Parent Borrower’s or the Co-Borrower’s account to which funds are to be disbursed, 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 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 SectionSection 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
Requests for Borrowings. To request a Revolving Borrowing, the applicable Borrower (or the Company on its behalf) shall notify submit a Borrowing Request, signed by its Authorized Officer, to the Administrative Agent of such request by telephone (a) in the case of a Eurodollar BorrowingTerm SOFR Borrowing denominated in US Dollars, not later than 11:00 a.m., New York City timeLocal Time, three two Business Days before the date of the proposed Borrowing, (b) in the case of XXXXX Borrowing, a EURIBOR Borrowing or any other Borrowing denominated in an Alternative Currency, not later than 11:00 a.m., Local Time, four Business Days before the date of the proposed Borrowing 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 (or, in the case of any ABR Term Borrowing, such later time on such day as may be agreed to in writing by the Administrative Agent). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency name of the requested applicable Borrower
(ii) [reserved];
(iii) the currency and principal amount of such Borrowing;
(iiiv) the date of such Borrowing, which shall be a Business Day;
(iiiv) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(ivvi) in the case of a Eurodollar Term SOFR Borrowing or a EURIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vvii) the location and number of the Borrower’s account of the applicable Borrower to which funds are to be disburseddisbursed (or 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; and
(viii) in the case of a Borrowing by a Foreign Borrowing Subsidiary, the jurisdiction from which payments of the principal and interest on such Borrowing will be made. If no currency is specified with respect to any requested Borrowing, then the applicable Borrower shall comply with the requirements of Section 2.04be 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 and made to the Company or a Domestic Borrowing Subsidiary, an ABR Borrowing, (B) in the case of Borrowing denominated in Sterling, a XXXXX Borrowing and (C) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Term SOFR Borrowing or EURIBOR 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, 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 (Trimble Inc.)
Requests for Borrowings. To request a Borrowing, the Borrower shall notify the Administrative Agent in writing of such request by telephone (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;; and
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Apache Corp)
Requests for Borrowings. (a) To request a Borrowing, the Borrower shall deliver a Credit Request to the Administrative Agent by hand or facsimile (or transmit by electronic communication, pursuant to arrangements for doing so approved by the Administrative Agent) or notify the Administrative Agent by telephone, in each case to be promptly confirmed by the delivery to the Administrative Agent of such request by telephone a signed Credit Request (ai) in the case of a Eurodollar Borrowing, not later than 11:00 a.m.12:30 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, not later than 10:00 a.m.12:30 p.m., New York City time, on the date of the proposed Borrowing. Each such Credit Request (including each such telephonic Borrowing Request request) shall be irrevocable (except as otherwise provided in Section 3.4) and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2:
(i) the aggregate amount and currency of the requested Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) 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 2.04. 2.4.
(b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Credit Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Allete Inc)
Requests for Borrowings. To request a BorrowingBorrowing (other than a continuation or conversion, which is governed by Section 2.05), the Borrower shall notify the Administrative Agent of such request by telephone (or, by e-mail in accordance with Section 9.01)delivering a Borrowing Request substantially in the form of Exhibit B and signed by a Responsible Officer of the Borrower: (a) in the case of a Eurodollar Borrowing, not later than 11:00 a.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 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 e-mail, hand delivery or telecopy or email with PDF attachment to the Administrative Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent of Exhibit B and signed by the Borrower. Each such telephonic telephonic, electronic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency of the requested Borrowing and the Class of such Borrowing;
(ii) the date of such Borrowing, which shall be a Business Day;
(iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(v) the location and number of the Borrower’s account or such other account or accounts designated in writing by the Borrower to which funds are to be disbursed, 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 Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Integrated Device Technology Inc)
Requests for Borrowings. To request a BorrowingEach Borrowing of Term Notes, each Borrowing of Variable Notes, each conversion of Term Notes or Variable Notes from one Type to the Borrower other, and each continuation of SOFR Notes shall notify be made upon irrevocable notice by the applicable Issuer to the Administrative Agent. Each such notice must be in writing and must be received by the Administrative Agent (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) not later than 12:00 p.m., Local Time, (i) three Business Days prior to the requested day of such request by telephone any Borrowing, conversion or continuation of SOFR Notes denominated in Dollars, (aii) on the requested date of any Borrowing of ABR Notes denominated in Dollars, or (iii) five Business Days prior to the requested day of any Borrowing, conversion or continuation of SOFR Notes denominated in an Alternative Currency (or, in the case of a Eurodollar Borrowingclause (iii), not such later than 11:00 a.m., New York City time, three Business Days before time as shall be acceptable to 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 BorrowingAdministrative Agent). Each such telephonic written notice with respect to a Borrowing Request by the applicable Issuer pursuant to this Section 2.03 shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment delivered to the Administrative Agent in the form of a written Borrowing Request in a form approved by the Administrative Agent Request, appropriately completed and signed by a Responsible Officer of the Borrowerapplicable Issuer. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(ia) the Class of such Borrowing;
(b) the aggregate principal amount and currency of the requested Borrowing;
(iic) the date of such Borrowing, which shall be a Business Day;
(iiid) whether such Borrowing is to be an ABR Borrowing or a Eurodollar SOFR Borrowing;
(ive) in the case of a Eurodollar SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(f) the currency of such Borrowing; and
(vg) the location and number of the Borrowerapplicable Issuer’s account or any other designated account(s) to which funds are to be disbursed, which shall comply with disbursed (the requirements of Section 2.04“Funding Account”). If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing (unless the requested Borrowing is of Variable Notes denominated in an Alternative Currency, in which case the requested Borrowing shall be ineffective). If no Interest Period is specified with respect to any requested Eurodollar SOFR Borrowing, then the Borrower applicable Issuer shall be deemed to have selected an Interest Period of one month’s duration. Promptly If no currency is specified with respect to any Borrowing of Variable Notes, then the applicable Issuer shall be deemed to have selected Dollars. The Administrative Agent shall advise each Holder of the details thereof and of the amount of the Note 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 2.03 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, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested BorrowingSection 2.03.
Appears in 1 contract
Requests for Borrowings. (a) To request a BorrowingRevolving Loan, the Administrative Borrower on behalf of the applicable Borrower) shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurodollar BorrowingRate Loan, not later than 11:00 a.m., New York City Chicago, Illinois time, three (3) Business Days before the date of the proposed Borrowing Eurodollar Rate Loan or (bii) in the case of an ABR Borrowinga Base Rate Loan, not later than 10:00 a.m., New York City time, 1:00 p.m. on the same Business Day as the date of the proposed BorrowingBase Rate Loan. Each such telephonic Borrowing Request request shall be irrevocable and and, to the extent required by Agent, shall be confirmed promptly by hand delivery or telecopy or email with PDF attachment facsimile to the Administrative Agent of a written Borrowing Request request in a form approved by the Administrative Agent and signed by the Borroweror on behalf of Borrowers. Each such telephonic and written Borrowing Request request shall specify the following information in compliance with Section 2.02information:
(iA) the Borrower requesting such Revolving Loan;
(B) the aggregate amount and currency of the requested Borrowingsuch Revolving Loan;
(iiC) the date of such BorrowingRevolving Loan, which shall be a Business Day;
(iiiD) whether such Borrowing Revolving Loan is to be an ABR Borrowing a Base Rate Loan or a Eurodollar Borrowing;
(iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”Rate Loan; and
(vE) the location and number deposit account of the Borrower’s applicable Borrower specified on Schedule 8.10 of the Information Certificate or any other account that shall be specified in a written notice signed by an officer of such Borrower and delivered to and approved by Agent to which funds the proceeds of such Revolving Loan are to be disbursed, which shall comply with the requirements of Section 2.04. transferred.
(b) If no election as to whether a Revolving Loan is to be a Base Rate Loan or Eurodollar Rate Loan is specified in the Type of Borrowing is specifiedapplicable request, then the requested Borrowing Revolving Loan shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationa Base Rate Loan. Promptly following receipt of a Borrowing Request request for a Revolving Loan in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowingrequest.
(c) All Loans and Letters of Credit under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, any Borrower when deposited to the credit of any Borrower or otherwise disbursed or established in accordance with the instructions of any Borrower or in accordance with the terms and conditions of this Agreement.
(d) Except in Agent’s discretion and with the consent of all Lenders, or as otherwise provided herein, the aggregate amount of the Revolving Loans and the Letter of Credit Obligations outstanding at any time shall not exceed the lesser of the Maximum Credit or the Borrowing Base.
Appears in 1 contract
Samples: Loan and Security Agreement (Adc Telecommunications Inc)
Requests for Borrowings. To request a BorrowingLoan, the Parent Borrower (on its own behalf or on behalf of any other Borrower) shall notify the Administrative Agent of such request by telephone hand delivery, telecopy or (pursuant to procedures approved by the Administrative Agent) electronic transmission to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Parent Borrower (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, not later than 11:00 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 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 or email with PDF attachment to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02:
(i) the aggregate amount and currency Borrower of the requested Borrowing;
(ii) the aggregate amount of such Borrowing;
(iii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;
(vi) in the case of a Eurocurrency Borrowing, the currency in which such Borrowing is to be denominated; and
(vvii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.042.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing (i) if such Borrowing is to be denominated in dollars, shall be an ABR Borrowing and (ii) if such Borrowing is to be denominated in an Alternative Currency, shall be a Eurocurrency Borrowing. If no election as to the currency of the requested Borrowing is specified, then the requested Revolving Borrowing shall be denominated in dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the 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, 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 (Ralph Lauren Corp)
Requests for Borrowings. To request a Revolving Loan Borrowing, the applicable 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 11:00 a.m.2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the 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 email with PDF attachment other electronic transmission) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and shall be signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information:
(i) whether the requested Borrowing is to be a Revolving Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof);
(ii) the aggregate amount and currency of the requested such Borrowing;
(iiiii) the date of such Borrowing, which shall be a Business Day;
(iiiiv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Eurocurrency Borrowing;
(ivv) in the case of a Eurodollar Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and;
(vvi) 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 2.042.06 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
(vii) 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, 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: Revolving Credit Agreement (Endeavor Group Holdings, Inc.)