Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon, Pacific time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01: (i) the name of the applicable Borrower; (ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility; (iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and (vi) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 5 contracts
Samples: Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co), Credit Agreement (Levi Strauss & Co)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative (or the applicable Borrower) shall notify the Administrative Disbursement Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimilefacsimile or, in the case of notices to the Disbursement Agent with respect to Canadian Revolving Loans or U.S. Revolving Loans, transmission of a pdf file containing an executed copy of the Borrowing Request) in a form approved by the Applicable Administrative Disbursement Agent and signed by the Borrower Representative (or the applicable Borrower) or by telephone (i) in accordance with respect to U.S. Revolving Loans, not later than the following provisions of this Section 2.03:
(a) in the case of a Loan to the UK Borrower that is a Eurodollar Borrowing, 12:00 noonnot later than 1:00 p.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing;
(b) in the case of an ABR a Loan to the Company denominated in Canadian Dollars (i) that is a Canadian Prime Borrowing, 10:00 not later than 11:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loansthat is a CDOR Borrowing, not later than 10:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing;
(ac) in the case of CDOR Rate Borrowingsa Loan to the Company denominated in dollars (i) that is an ABR Borrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to on the date of the proposed Borrowing and (bii) that is a Eurodollar Borrowing, not later than 10:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing; and
(d) in the case of Canadian Prime Rate Borrowings or a Loan to a U.S. Co-Borrower (i) that is an ABR BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, one on the date of the proposed Borrowing and (ii) that is a Eurodollar Borrowing, not later than 11:00 a.m., Local Time, three Business Day 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 facsimile (or, in the case of notices to the Administrative Disbursement Agent (if a with respect to Canadian Revolving Loans or U.S. Revolving Loan) or the Multicurrency Administrative Agent with Loans, transmission of a copy pdf file to the Administrative Disbursement Agent (if a Multicurrency Revolving Loan), containing an executed copy of the Borrowing Request) of a written Borrowing Request in a form approved by the Applicable Administrative Disbursement Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) in the case of a Borrowing requested on behalf of the Company or the UK Borrower, the currency of the requested Borrowing;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Borrowing, a Canadian Prime Rate Eurodollar Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (Ai) a Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars dollars (other a Revolving Borrowing requested by or on behalf of the UK Borrower) shall be an ABR Borrowing and Borrowing, (Bii) a Revolving Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate BorrowingBorrowing and (iii) a Revolving Borrowing requested in Euros or Sterling and a Revolving Borrowing requested in dollars by or on behalf of the UK Borrower shall be a Eurodollar Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Disbursement 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 3 contracts
Samples: Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Administrative Borrower Representative shall notify the Administrative Agent and (in the case of a requested Borrowing under the U.S. FacilityCanadian Subfacility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), Canadian Funding Bank of such request either in writing (delivered by hand or facsimile) substantially in a the form approved by the Applicable Administrative Agent attached hereto as Exhibit F and signed by the Administrative Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing or CDOR Borrowing, not later than 12:00 p.m. (noon), Pacific Chicago time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing or Canadian Prime Rate Borrowing, 10:00 a.m.not later than 12:00 p.m. (noon), Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific Chicago time), on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (iito finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings11:00 a.m., 1:00 p.m., Toronto Chicago time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent and (if in the case of a U.S. Revolving LoanBorrowing under the Canadian Subfacility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), Canadian Funding Bank of a written Borrowing Request in a form approved by the Applicable Administrative Agent and the (in the case of a Borrowing under the Canadian Subfacility) Canadian Funding Bank and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be made in dollars (or, in the case of Borrowings under the Canadian Subfacility, Canadian Dollars);
(iv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Rate Borrowing, a Canadian Prime Rate Eurodollar Borrowing or a CDOR Rate Borrowing; and
(viv) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or a CDOR Rate Revolving Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent and the Canadian Funding Bank, as applicable 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 (Core-Mark Holding Company, Inc.), Credit Agreement (Core-Mark Holding Company, Inc.)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimilefax) in by delivering a form approved by the Applicable Administrative Agent and Borrowing Request signed by a Responsible Officer of the Borrower Representative or through Electronic System (or if an Extenuating Circumstance shall exist, by telephone (itelephone) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingTerm Benchmark Borrowing or a CDOR Borrowingdenominated in Dollars, 12:00 noon, Pacific noon New York City time, three (3) Business Days (or, with respect to any Borrowing on the First Amendment Effective Date, one (1) Business Day), before the date of the proposed Borrowing or or, (b) in the case of an ABR Borrowing or Canadian Prime Rate Borrowing, 10:00 a.m.not later than 11:00 a.m. New York City time, Pacific time on the date of the proposed Borrowing, (c) in the case of Term Benchmark Borrowing denominated in Canadian Dollars, not later than 11:00 a.m. Toronto time, three (3) Business Days (or, with respect to any Borrowing on the First Amendment Funding Date, one (1) Business Day) before the date of the proposed Borrowing, or (d) in the case of a request for a Swingline LoanCanadian Prime Rate Borrowing, 12:00 noon Pacific not later than 11:00 a.m. Toronto time), on the date of the proposed Borrowing and (ii; provided that any such notice of an ABR Revolving Borrowing or a Canadian Prime Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto 10:00 a.m. New York City time, three Business Days prior to on the date of such proposed Borrowing. To request a FILO Term Loan Borrowing, the proposed Borrower Representative shall notify the FILO Agent of such request either in writing (delivered by hand or fax) by delivering a Borrowing and (b) in Request signed by a Responsible Officer of the case of Canadian Prime Rate Borrowings Borrower Representative or ABR Borrowings, 1:00 through Electronic System not later than 2:00 p.m., Toronto New York City time, one Business Day before the date anticipated First Amendment Funding Date, requesting that the FILO Term Loan Lenders make the FILO Term Loans on the First Amendment Funding Date; provided that such Borrowing Request may be conditioned upon occurrence of the proposed BorrowingFirst Amendment Effective Date and the First Amendment Funding Date. 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 facsimile a communication through Electronic System to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative. Each such telephonic and written (or if permitted, telephonic) Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower(s);
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business DayDay (and with respect to the Borrowing of the FILO Term Loan, the First Amendment Funding Date);
(viv) with respect to Revolving Borrowings, the Agreed Currency for such Borrowing, and whether such Borrowing is to be an ABR Borrowing or a EurodollarTerm Benchmark Borrowing, in the case of a Eurodollar BorrowingBorrowing by a Borrower, or a CDOR Borrowing or a Canadian Prime Rate Borrowing, in the case of a Borrowing by a Canadian Borrower;
(v) with respect to FILO Term Loan Borrowings, whether such Borrowing is to be an ABR Borrowing or a CDOR Rate Term Benchmark Borrowing, in the case of a Borrowing by a Borrower; and
(vi) (v) in the case of a Eurodollar EurodollarTerm Benchmark Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be or a Canadian Prime Rate Borrowing, as applicable. If no Interest Period is specified with respect to any requested Eurodollar EurodollarTerm Benchmark Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 2 contracts
Samples: Credit Agreement (Bed Bath & Beyond Inc), Credit Agreement (Bed Bath & Beyond Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand hand, facsimile or facsimileelectronic mail delivery) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonp.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or (or, in the case of any such Borrowings to be made on the Fourth Restatement Date, two Business Days), (b) in the case of an ABR a CDOR Rate Borrowing, 10:00 a.m.not later than 12:00 p.m., Pacific time New York City time, two Business Days before the date of the proposed Borrowing, (or, c) in the case of a request for a Swingline LoanABR Borrowing, not later than 12:00 noon Pacific p.m., New York City time), on the date of the proposed Borrowing and Borrowing, or (ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 not later than 12:00 p.m., Toronto New York City time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing and (b) in the case of or a Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 3:00 p.m., Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall Such request may be irrevocable and shall be confirmed promptly by hand delivery conditioned on the occurrence of one or facsimile to the Administrative Agent more events (if a U.S. Revolving Loan) including, but not limited to, any merger, acquisition, disposition, asset sale or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loancorporate restructuring, financing or reorganization), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable BorrowerBorrower(s);
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) in the case of a Canadian Borrowing, the applicable currency in which the Borrowing will be funded;
(v) whether such Borrowing is to be an a ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing Borrowing, or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be (a) an ABR Borrowing and (B) in the case of a Borrowing of Multicurrency U.S. Revolving Loans Loan or Canadian Revolving Loan requested in Canadian Dollars shall be dollars, or (b) a Canadian Prime Rate BorrowingBorrowing in the case of a Canadian Revolving Loan requested in Canadian Dollars. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or (or, in the case of a CDOR Rate Revolving Borrowing, 30 days’, as applicable, ) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 (Wesco International Inc), Credit Agreement (Wesco International Inc)
Requests for Revolving Borrowings. To request a Revolving BorrowingBorrowing (other than a Swingline Loan or B/A Drawing, which are subject to Section 2.04 and 2.07, respectively), the applicable Borrower Representative shall notify the Administrative Applicable Agent (in the case of a requested Borrowing under and the U.S. FacilityAdministrative Agent, if it shall not be the Applicable Agent) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, 10:00 a.m.not later than 12:00 noon, Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR a Canadian Alternate Base Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request notice shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the U.S. Administrative Agent (if a Multicurrency Revolving Loan), it shall not be the Applicable Agent) of a written notice of Borrowing Request substantially in the form of Exhibit C (a “Borrowing Request”) or in such other form approved by reasonably acceptable to the Applicable Administrative Agent and Agent, in each case, signed by the Borrower Representativeapplicable Borrower. Each such telephonic notice and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a U.S. Revolving Borrowing under the U.S. Facility or the Multicurrency Facilitya Canadian Revolving Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing (in the case of a Borrowing denominated in U.S. Dollars) or a Canadian Alternate Base Rate Borrowing (in the case of a Borrowing denominated in Canadian Dollars);
(v) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”; and
(vii) the location and number of the account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) if denominated in U.S. Dollars or a Canadian Alternate Base Rate Borrowing of Multicurrency Revolving Loans requested if denominated in Canadian Dollars shall be a Canadian Prime Rate BorrowingDollars. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 (Sysco Corp), Credit Agreement (Sysco Corp)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Agent shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing by delivery of a Borrowing Request (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than Agent (a) in the case of an Interest Period Loan other than a Eurodollar BorrowingCanadian BA Rate Loan, not later than 12:00 noon, Pacific New York City time, three two (2) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a Canadian BA Rate Loan, not later than 12:00 noon, Toronto, Ontario time, three (3) Business Days before the date of the proposed Borrowing, 10:00 a.m., Pacific time or (or, c) in the case of a request for Floating Rate Loan (including any such notice of a Swingline Loan, 12:00 noon Pacific timeFloating Rate Loan to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans), not later than (a) in the case of CDOR Rate Borrowings12:00 noon, 1:00 p.m., Toronto New York City time, three Business Days prior or with respect to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings Loans or ABR BorrowingsCanadian Base Rate Loans, 1:00 p.m.12:00 noon, Toronto Toronto, Ontario time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name aggregate amount of the applicable Borrowerrequested Revolving Borrowing;
(ii) whether the currency in which such Borrowing is Loans are to be denominated (and if not specified, it shall be deemed a Borrowing under the request for (A) ABR Loans in Dollars if on behalf of a U.S. Facility or the Multicurrency FacilityBorrower, and (B) Canadian Prime Rate Loans in Canadian Dollars if on behalf of a Canadian Borrower);
(iii) whether the aggregate amount Revolving Borrowing requested is to be a Floating Rate Loan or an Interest Period Loan (and if not specified, the Revolving Borrowing requested shall be deemed a request for (A) ABR Loans if requested for or on behalf of a U.S. Borrower, and (B) Canadian Prime Rate Loans if requested for and on behalf of a Canadian Borrower, unless the requested Borrowing and request specifies such Loans are to be denominated in Dollars in which case it shall be deemed a breakdown of the separate wires comprising such Borrowingrequest for Canadian Base Rate Loans);
(iv) the date of such Revolving Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or CDOR Rate BorrowingInterest Period Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is (and, if not specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no the Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected a request for an Interest Period Loan with an Interest Period of one month’s or 30 days’, as applicable, duration);
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed; and
(vii) the identity of the Borrower of such Revolving Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Applicable Lender of the details thereof and of the amount of such Applicable Lender’s Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (ATD Corp), Credit Agreement (American Tire Distributors Holdings, Inc.)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific Toronto, Ontario time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings11:00 a.m., 1:00 p.m.Toronto, Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto Ontario time, one Business Day before the date of the proposed Borrowing. ; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., Toronto, Ontario time, on the date of the proposed Borrowing, (c) in the case of a Borrowing by way of BA Loan or BA Equivalent Loan, not later than 11:00 a.m., Toronto, Ontario time, two Business Days before the date of the proposed Borrowing or (d) in the case of a Prime Rate Borrowing, not later than 11:00 a.m., Toronto, Ontario time, one Business Day before the date of the proposed Borrowing; provided that any such notice of a Prime Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., Toronto, Ontario 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 facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a the form approved by the Applicable Administrative Agent attached as Exhibit B and signed by the Borrower RepresentativeBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iiia) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivb) the date of such Borrowing, which shall be a Business Day;
(vc) whether such Borrowing is to be a Prime Rate Borrowing, an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate BA Borrowing; and;
(vid) in the case of a Eurodollar BA Borrowing or CDOR Rate 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
(e) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 duration. If no Interest Period is specified with respect to any requested BA Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of thirty (30) days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 (Biovail Corp International), Credit Agreement (Biovail Corp International)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility)Agent, as applicable, of such request either in writing (delivered by hand hand, facsimile or facsimileelectronic mail delivery) in a form approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific Chicago time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a CDOR Rate Borrowing, 10:00 not later than 11:00 a.m., Pacific time Chicago time, two Business Days before the date of the proposed Borrowing, (or, c) in the case of a request for a Swingline LoanABR Borrowing, 12:00 noon Pacific not later than 11:00 a.m. Chicago time), on the date of the proposed Borrowing and Borrowing, or (ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto Chicago time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing and (b) in the case of or a Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 2:00 p.m., Toronto Chicago time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, facsimile or electronic mail delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Agent, as applicable, of a written Borrowing Request in a form reasonably approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable BorrowerBorrower(s);
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) in the case of a Canadian Borrowing, the applicable currency in which the Borrowing will be funded;
(v) whether such Borrowing is to be an a ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing Borrowing, or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be (a) an ABR Borrowing and (B) in the case of a Borrowing of Multicurrency U.S. Revolving Loans Loan or Canadian Revolving Loan requested in Canadian Dollars shall be dollars, or (b) a Canadian Prime Rate BorrowingBorrowing in the case of a Canadian Revolving Loan requested in Canadian Dollars. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or (or, in the case of a CDOR Rate Revolving Borrowing, 30 days’, as applicable, ) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, 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 (Wesco International Inc), Credit Agreement (Wesco International Inc)
Requests for Revolving Borrowings. To request a Borrowing of Revolving BorrowingLoans, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Canadian Facility), of such request either in writing (delivered by hand or facsimileelectronic transmission) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m.12:00 p.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Canadian Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings or Eurodollar Borrowings, 1:00 p.m.11:00 a.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m.11:00 a.m., Toronto time, 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 facsimile electronic transmission to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Canadian Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) whether such Loans are being made to the name of U.S. Borrowers or the applicable Canadian Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown the manner in which the proceeds of the separate wires comprising such BorrowingBorrowing are to be disbursed (which shall be consistent with Section 2.07);
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Canadian Facility;
(v) the currency of the requested Borrowing;
(vi) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vivii) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Canadian Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Canadian Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing.
Appears in 2 contracts
Samples: Credit Agreement (Tailored Brands Inc), Credit Agreement (Mens Wearhouse Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility)Agent, as applicable, of such request either in writing (delivered by hand hand, facsimile or facsimileelectronic mail delivery) in a form approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific Chicago time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a CDOR Rate Borrowing, 10:00 not later than 11:00 a.m., Pacific time Chicago time, two Business Days before the date of the proposed Borrowing, (or, c) in the case of a request for a Swingline LoanABR Borrowing, 12:00 noon Pacific not later than 11:00 a.m. Chicago time), on the date of the proposed Borrowing and Borrowing, or (ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto Chicago time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing and (b) in the case of or a Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 2:00 p.m., Toronto Chicago time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery, facsimile or electronic mail delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Agent, as applicable, of a written Borrowing Request in a form reasonably approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) in the case of a Canadian Borrowing, the applicable currency in which the Borrowing will be funded;
(iv) whether such Borrowing is to be an a ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing Borrowing, or a CDOR Rate Borrowing; and
(viv) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be (a) an ABR Borrowing and (B) in the case of a Borrowing of Multicurrency U.S. Revolving Loans Loan or Canadian Revolving Loan requested in Canadian Dollars shall be dollars, or (b) a Canadian Prime Rate BorrowingBorrowing in the case of a Canadian Revolving Loan requested in Canadian Dollars. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or (or, in the case of a CDOR Rate Revolving Borrowing, 30 days’, as applicable, ) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, 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 (Wesco International Inc), Credit Agreement (Wesco International Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Administrative Borrower, on behalf of the requesting Borrower, shall notify the Applicable Agent of such request by telecopy of a written Borrowing Request in the form of Exhibit G or any other form approved by the London Agent or the Toronto Agent, as applicable and signed by a Responsible Officer of the Administrative Agent Borrower (or, in the case of a requested Borrowing under the U.S. Facility) Administrative Agent, by telephone confirmed promptly by hand delivery or the Multicurrency Administrative Agent with a copy telecopy to the Administrative Agent (of a written Borrowing Request in the case form of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand Exhibit G or facsimile) in a any other form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative or by telephone (iAdministrative Borrower) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in US Dollars or a CDOR Rate Borrowing denominated in Canadian Dollars, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of an ABR a Eurocurrency Borrowing denominated in any other Alternative Currency (other than Canadian Dollars) or a EURIBOR Borrowing, 10:00 not later than 11:00 a.m., Pacific time (orLocal Time, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on three Business Days before the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR an ABR Borrowing or a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to on the date same day of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (bto finance the reimbursement of an LC Disbursement as contemplated by Section 2.5(e) in the case of Canadian Prime Rate Borrowings or ABR Borrowingsmay be given not later than 10:00 a.m., 1:00 p.m., Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.2:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) currency and the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, or a EURIBOR Borrowing and, if denominated in Canadian Dollars, whether such Borrowing is to be a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; andNYDOCS/1287812.1
(viv) in the case of a Eurodollar Eurocurrency Borrowing, a CDOR Rate Borrowing or CDOR Rate 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.” ”;
(vi) the location and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.6; and
(vii) in the case of a Borrowing in an Alternative Currency, 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 Eurocurrency Borrowing, then if the applicable Borrower is a US Borrower or a Canadian Borrower, it shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans denominated in US Dollars made to a US Borrower or Multicurrency Revolving Loans requested in Dollars shall be a Canadian Borrower, an ABR Borrowing and Borrowing, (B) in the case of a Borrowing denominated in US Dollars made to any other Borrower (other than a US Borrower or a Canadian Borrower), a Eurocurrency Borrowing, (C) in the case of Multicurrency Revolving Loans requested a Borrowing denominated in Canadian Dollars shall be made to a Canadian Borrower or a US Borrower, a Canadian Prime Rate Borrowing, (D) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing and (E) in the case of a Borrowing denominated in an Alternative Currency (other than Euros and Canadian Dollars), a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, CDOR Rate Borrowing or CDOR Rate EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, days in the case of a CDOR Rate Borrowing) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable 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 2 contracts
Samples: Credit Agreement, Credit Agreement (Idexx Laboratories Inc /De)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Agent shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing by delivery of a Borrowing Request (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than Agent (a) in the case of an Interest Period Loan other than a Eurodollar BorrowingCanadian BA Rate Loan, not later than 12:00 noon, Pacific New York City time, three two (2) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a Canadian BA Rate Loan, not later than 12:00 noon, Toronto, Ontario time, three (3) Business Days before the date of the proposed Borrowing, 10:00 a.m., Pacific time or (or, c) in the case of a request for Floating Rate Loan (including any such notice of a Swingline LoanFloating Rate Loan to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e)), not later than 12:00 noon, New York City time, or with respect to Canadian Prime Rate Loans or Canadian Base Rate Loans, 12:00 noon Pacific noon, Toronto, Ontario time), on the date of the proposed Borrowing; provided that in the case of each of the initial Tranche B Loan Borrowing and (ii) with respect to Multicurrency Revolving Loansthe initial Tranche C Loan Borrowing such notification shall be delivered, in the case of an Interest Period Loan, not later than (a) in the case of CDOR Rate Borrowings12:00 noon, 1:00 p.m., Toronto New York City time, three two (2) Business Days prior to before the date of the proposed Borrowing Borrowing, and (b) in the case of Canadian Prime a Floating Rate Borrowings or ABR BorrowingsLoan, 1:00 p.m.not later than 12:00 noon, Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name aggregate amount of the applicable Borrowerrequested Revolving Borrowing;
(ii) whether the currency in which such Borrowing is Loans are to be denominated (and if not specified, it shall be deemed a Borrowing under the request for (A) ABR Loans in Dollars if on behalf of a U.S. Facility or the Multicurrency FacilityBorrower, and (B) Canadian Prime Rate Loans in Canadian Dollars if on behalf of a Canadian Borrower);
(iii) whether the aggregate amount Revolving Borrowing requested is to be a Floating Rate Loan or an Interest Period Loan (and if not specified, the Revolving Borrowing requested shall be deemed a request for (A) ABR Loans if requested for or on behalf of a U.S. Borrower, and (B) Canadian Prime Rate Loans if requested for and on behalf of a Canadian Borrower, unless the requested Borrowing and request specifies such Loans are to be denominated in Dollars in which case it shall be deemed a breakdown of the separate wires comprising such Borrowingrequest for Canadian Base Rate Loans);
(iv) the date of such Revolving Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or CDOR Rate BorrowingInterest Period Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is (and, if not specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no the Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected a request for an Interest Period Loan with an Interest Period of one month’s or 30 days’, as applicable, duration);
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed; and
(vii) the identity of the Borrower of such Revolving Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Applicable Lender of the details thereof and of the amount of such Applicable Lender’s Loan to be made as part of the requested Borrowing. Notwithstanding anything in this Agreement to the contrary, during the Tranche B Period, the U.S. Borrowers shall not request, and U.S. Revolving Lenders shall be under no obligation to fund, any U.S. Revolving Loan unless the U.S. Borrowers have borrowed the maximum amount available under the Tranche B Borrowing Base (up to the amount of the Tranche B Commitments). If on any date after the Tranche B Effective Date, the Tranche B Borrowing Base exceeds the Tranche B Lenders’ aggregate Tranche B Exposure, then any Loans thereafter requested by U.S. Borrowers shall be deemed to be Tranche B Loans and shall be made by Tranche B Lenders in accordance with the terms and conditions of this Agreement until the Tranche B Lenders’ aggregate Tranche B Exposure equals the lesser of (A) the aggregate Tranche B Commitments at such time, and (B) the Tranche B Borrowing Base at such time.
Appears in 2 contracts
Samples: Credit Agreement (ATD Corp), Credit Agreement (ATD Corp)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative (or the applicable Borrower) shall notify the Administrative Disbursement Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimilefacsimile or, in the case of notices to the Disbursement Agent with respect to Canadian Revolving Loans or U.S. Revolving Loans, transmission of a pdf file containing an executed copy of the Borrowing Request) in a form approved by the Applicable Administrative Disbursement Agent and signed by the Borrower Representative (or the applicable Borrower) or by telephone (i) in accordance with respect to U.S. Revolving Loans, not later than the following provisions of this Section 2.03:
(a) in the case of a Loan to the UK Borrower that is a Eurodollar Borrowing, 12:00 noonnot later than 1:00 p.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing;
(b) in the case of an ABR a Loan to the Company denominated in Canadian Dollars (i) that is a Canadian Prime Borrowing, 10:00 not later than 11:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loansthat is a CDOR Borrowing, not later than 10:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing;
(ac) in the case of CDOR Rate Borrowingsa Loan to the Company denominated in dollars (i) that is an ABR Borrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to on the date of the proposed Borrowing and (bii) that is a Eurodollar Borrowing, not later than 10:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing; and
(d) in the case of Canadian Prime Rate Borrowings or a Loan to the U.S. Borrower (i) that is an ABR BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, one on the date of the proposed Borrowing and (ii) that is a Eurodollar Borrowing, not later than 11:00 a.m., Local Time, three Business Day 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 facsimile (or, in the case of notices to the Administrative Disbursement Agent (if a with respect to Canadian Revolving Loans or U.S. Revolving Loan) or the Multicurrency Administrative Agent with Loans, transmission of a copy pdf file to the Administrative Disbursement Agent (if a Multicurrency Revolving Loan), containing an executed copy of the Borrowing Request) of a written Borrowing Request in a form approved by the Applicable Administrative Disbursement Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) in the case of a Borrowing requested on behalf of the Company or the UK Borrower, the currency of the requested Borrowing;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Borrowing, a Canadian Prime Rate Eurodollar Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (Ai) a Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars dollars (other a Revolving Borrowing requested by or on behalf of the UK Borrower) shall be an ABR Borrowing and Borrowing, (Bii) a Revolving Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate BorrowingBorrowing and (iii) a Revolving Borrowing requested in Euros or Sterling and a Revolving Borrowing requested in dollars by or on behalf of the UK Borrower shall be a Eurodollar Borrowing with an Interest Period of one month. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Disbursement 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 (Cott Corp /Cn/), Credit Agreement (Cott Corp /Cn/)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Administrative Borrower, on behalf of the requesting Borrower, shall notify the Applicable Agent of such request by telecopy of a written Borrowing Request in the form of Exhibit F or any other form approved by the London Agent or the Toronto Agent, as applicable and signed by a Responsible Officer of the Administrative Agent Borrower (or, in the case of a requested Borrowing under the U.S. Facility) Administrative Agent, by telephone confirmed promptly by hand delivery or the Multicurrency Administrative Agent with a copy telecopy to the Administrative Agent (of a written Borrowing Request in the case form of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand Exhibit F or facsimile) in a any other form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative or by telephone (iAdministrative Borrower) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in US Dollars or a CDOR Rate Borrowing denominated in Canadian Dollars, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of a Eurocurrency Borrowing denominated in any other Alternative Currency (other than Canadian Dollars) or a EURIBOR Borrowing, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 11:00 a.m., Local Time, on the same day 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 2.5(e) may be given not later than 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.2:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) currency and the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, a Canadian Prime Rate Borrowing EURIBOR Borrowing, or a CDOR Rate Borrowing; and, as applicable;
(viv) in the case of a Eurodollar Eurocurrency Borrowing, a CDOR Rate Borrowing or CDOR Rate 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.” ”;
(vi) the location and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.6; and
(vii) in the case of a Borrowing in an Alternative Currency, 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 Eurocurrency Borrowing, then if the applicable Borrower is a US Borrower or a Canadian Borrower, it shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans denominated in US Dollars made to a US Borrower or Multicurrency Revolving Loans requested in Dollars shall be a Canadian Borrower, an ABR Borrowing, (B) in the case of a Borrowing denominated in US Dollars made to any other Borrower (other than a US Borrower or a Canadian Borrower), a Eurocurrency Borrowing, (C) in the case of a Borrowing denominated in Canadian Dollars made to a Canadian Borrower or a Specified US Borrower, a CDOR Rate Borrowing, (D) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing and (BE) in the case of a Borrowing of Multicurrency Revolving Loans requested denominated in an Alternative Currency (other than Euros and Canadian Dollars shall be Dollars), a Canadian Prime Rate Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, CDOR Rate Borrowing or CDOR Rate EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable 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 2 contracts
Samples: Credit Agreement (Idexx Laboratories Inc /De), Credit Agreement (Idexx Laboratories Inc /De)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative applicable Borrower, or the Company on behalf of a Canadian Borrower, shall notify the Administrative Agent of such request (a) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurocurrency Borrowing or BA Equivalent Borrowing, not later than 11:00 a.m., Local Time, three (3) Business Days (in the case of a requested Eurocurrency Borrowing under the U.S. Facilitydenominated in Dollars or a BA Equivalent Borrowing) or the Multicurrency Administrative Agent with by irrevocable written notice (via a copy to written Borrowing Request in a form approved by the Administrative Agent and signed by the applicable Borrower, or the Company on behalf of a Canadian Borrower) not later than four (4) Business Days (in the case of a requested Eurocurrency Borrowing under the Multicurrency Facilitydenominated in a Foreign Currency), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the each case of a Eurodollar Borrowing, 12:00 noon, Pacific time, three Business Days before the date of the proposed Borrowing or (b) by telephone in the case of an ABR Borrowing or a Canadian Base Rate Borrowing, 10:00 not later than 11:00 a.m., Pacific time New York City time, one (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on 1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (iito finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings10:00 a.m., 1:00 p.m., Toronto New York City time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be a Company Revolving Borrowing or a Canadian Revolving Borrowing;
(iv) in the case of a Company Revolving Borrowing, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing;
(v) in the case of a Canadian Revolving Borrowing, a Eurodollar Borrowing, whether such Borrowing is to be an a Canadian Prime Base Rate Borrowing or a CDOR Rate BA Equivalent Borrowing; and;
(vi) in the case of a Eurodollar Borrowing or CDOR Rate 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”;
(vii) in the case of a BA Equivalent Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”; and
(viii) 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then (Ai) in the case of a Company Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans denominated in Dollars, the requested in Dollars Borrowing shall be an ABR Borrowing and (Bii) in the case of a Canadian Revolving Borrowing, the requested Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Revolving Borrowing or CDOR Rate BA Equivalent Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 (Watsco Inc), Credit Agreement (Watsco Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility)Agent, as applicable, of such request either in writing (delivered by hand hand, facsimile or facsimileelectronic mail) in a form approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noonp.m., Pacific Chicago time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a CDOR Rate Borrowing, 10:00 a.m.not later than 12:00 p.m., Pacific time Chicago time, three Business Days before the date of the proposed Borrowing, (or, c) in the case of a request for a Swingline LoanCBFR Borrowing, not later than 12:00 noon Pacific p.m., Chicago time), on the date of the proposed Borrowing and Borrowing, or (ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 not later than 12:00 p.m., Toronto Chicago time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of a CBFR Revolving Borrowing and (b) in the case of or a Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.6(e) may be given not later than 12:00 p.m., Toronto Chicago time, one Business Day before 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 facsimile electronic mail to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Agent, as applicable, of a written Borrowing Request in a form reasonably approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.1:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be an ABR a CBFR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing Borrowing, or a CDOR Rate Borrowing; and
(viiv) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be (Aa) a CBFR Borrowing in the case of U.S. a Revolving Loans or Multicurrency Revolving Loans Borrowing requested in Dollars shall be an ABR Borrowing dollars, and (Bb) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate BorrowingBorrowing in the case of a Revolving Borrowing requested in Canadian Dollars. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Vitran Corp Inc)
Requests for Revolving Borrowings. To request a Revolving BorrowingBorrowing (other than Acceptances), the Administrative Borrower Representative shall notify the applicable Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific New York time (or in the case of a Xxxxxxxx Xxxxxxxxx, Xxxxxxx time), three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York time (or in the case of a Xxxxxxxx Xxxxxxxxx, Xxxxxxx time), on the day of the proposed Borrowing, or (c) in the case of a Canadian Prime Borrowing, not later than 11:00 a.m., Toronto time, on the day of the proposed Canadian Borrowing; provided that any such notice of an ABR Borrowing or Canadian Prime Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.08(e) may be given not later than 10:00 a.m., Pacific New York City time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m.Canadian Prime Borrowing, Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the applicable Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) whether the name of the applicable Borrowerrequested Borrowing is to be a U.S. Borrowing or a Canadian Borrowing;
(ii) whether such Borrowing is to be the currency (in the case of a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iiiCanadian borrowing) the and aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall shall, in the case of a U.S. Borrowing, be a U.S. Business Day, and in the case of a Canadian Borrowing, be a day that is both a Canadian Business Day and a U.S. Business Day;
(viv) in the case of a Borrowing denominated in U.S. Dollars, whether such Borrowing is to be an ABR Borrowing, Borrowing or a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(viv) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”;
(vi) the U.S. Availability (after giving effect to such Borrowing) (in the case of a U.S. Borrowing) or the Canadian Availability (after giving effect to such Borrowing) (in the case of a Canadian Borrowing); and
(vii) the U.S. Borrower or Canadian Borrower to whom the proceeds from such Borrowing are to be disbursed. If no election as to the Type of Revolving Borrowing in U.S. Dollars or Canadian Dollars is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be or a Canadian Prime Rate Borrowing, respectively. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon1:00 p.m., Pacific Toronto time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a CDOR Rate Borrowing, 10:00 a.m.1:00 p.m. Toronto time, Pacific time two Business Days before the proposed Borrowing, or (or, c) in the case of a request for Canadian Prime Rate Borrowing or a Swingline LoanBase Rate Borrowing, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m.noon, Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable BorrowerBorrower(s);
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) whether such Borrowing is to be denominated in Canadian Dollars or US Dollars;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing, a CDOR Rate Borrowing, a Base Rate Borrowing or a CDOR Rate Eurodollar Borrowing; and
(vi) in the case of a Eurodollar CDOR Rate Borrowing or CDOR Rate 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.” If no election as to the Type of Borrowing Revolving Loan is specified, then (A) a Borrowing of U.S. the requested Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested Loan if denominated in Canadian Dollars Dollars, shall be a Canadian Prime Rate Borrowing and, if denominated in US Dollars, shall be a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate BorrowingRevolving Loan or Eurodollar Revolving Loan, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, in the case of CDOR) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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. The provisions of this Section 2.03 do not apply to Swingline Loans.
Appears in 1 contract
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Company, on behalf of itself or the Canadian Borrower, shall notify the Administrative Agent of such request (a) by telephone in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, three (3) Business Days (in the case of a requested Eurocurrency Borrowing under the U.S. Facilitydenominated in Dollars or Canadian Dollars) or the Multicurrency Administrative Agent with by irrevocable written notice (via a copy to written Borrowing Request in a form approved by the Administrative Agent and signed by the Company, on behalf of itself or the Canadian Borrower) not later than four (4) Business Days (in the case of a requested Eurocurrency Borrowing under the Multicurrency Facilitydenominated in a Foreign Currency (other than Canadian Dollars)), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loanseach case, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon, Pacific time, three Business Days before the date of the proposed Borrowing or (b) by telephone in the case of an ABR Borrowing, 10:00 a.m.not later than 3:00 p.m., Pacific time New York City time, one (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on 1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (iito finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto New York City time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeCompany, on behalf of itself or the Canadian Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Eurocurrency Borrowing; and;
(viiv) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, the Agreed Currency (if such Borrowing is for the Company) 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 applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) then, in the case of a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested denominated in Dollars or Canadian Dollars, the requested Revolving Borrowing shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (G&k Services Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative applicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to and the Administrative Agent, if the Applicable Agent (in is not the case of a requested Borrowing under the Multicurrency Facility), Administrative Agent) of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than telephone:
(a) in the case of a Eurodollar Eurocurrency Borrowing, 12:00 noonnot later than 1:00 p.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing,
(b) in the case of an ABR Borrowing, 10:00 a.m.not later than 1:00 p.m., Pacific time New York City time, one Business Day before the date of the proposed Borrowing,
(or, c) in the case of a request for a Swingline LoanCanadian Base Rate Revolving Borrowing, 12:00 noon Pacific time)not later than 1:00 p.m., on Local Time, one Business Day before the date of the proposed Borrowing and Borrowing, and
(ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR Rate Borrowingsa Borrowing of Acceptances, not later than 1:00 p.m., Toronto time, three two Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by 2:00 p.m. (Local Time) on the same Business Day by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of Borrower requesting such Borrowing (or on whose behalf the applicable BorrowerCompany is requesting such Borrowing);
(ii) whether such the requested Borrowing is to be a US Tranche Revolving Borrowing, a UK Tranche Revolving Borrowing under the U.S. Facility or the Multicurrency Facilitya Canadian Tranche Revolving Borrowing;
(iii) the currency and aggregate principal amount (in the case of Loans) or face amount (in the case of Acceptances) of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such the requested Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR the Type of the requested Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(vi) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”;
(vii) in the case of a Borrowing of Acceptances, the term applicable thereto, which shall be a period contemplated by Section 2.04(a); and
(viii) 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 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (Ai) in the case of a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested denominated in Dollars shall be US Dollars, an ABR Borrowing, (ii) in the case of a Borrowing denominated in Pounds Sterling or Euro, a Eurocurrency Borrowing, and (Biii) in the case of a Borrowing of Multicurrency Revolving Loans requested denominated in Canadian Dollars shall be Dollars, a Canadian Prime Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’duration. If no term is specified with respect to any requested Borrowing of Acceptances, as applicable, then the relevant Borrower shall be deemed to have selected a term of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender that will make a Loan or accept a Draft as part of the requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made or the face amount of the Draft to be accepted by such Lender as part of the requested Borrowing.
Appears in 1 contract
Requests for Revolving Borrowings. (a) To request a ---------------------------------- Revolving Borrowing (other than a Canadian Borrowing), the a U.S. Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Eurocurrency Revolving Borrowing (other than a Committed Currency Borrowing), not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, 12:00 noon(b) in the case of a Committed Currency Borrowing, Pacific not later than 10:00 a.m., London time, three Business Days before the date of the proposed Borrowing (or at such other time as shall be specified in the Alternate Procedures), or (bc) in the case of an ABR Borrowing, 10:00 not later than 10:30 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one same Business Day before the date of the proposed Borrowing. To request Acceptances, the Canadian Borrower shall follow the procedures set forth in Section 2.19.
(b) To request a Canadian Prime Rate Borrowing, the Canadian Borrower shall notify the Canadian Agent of such request by telephone not later than 11:00 a.m., Toronto time, on the same Canadian Business Day of the proposed Borrowing.
(c) Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) Agent, or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Canadian Agent, as applicable, of a written Borrowing Request in a form approved by the Applicable Administrative Agent or the Canadian Agent, as applicable, and signed by the Borrower Representativeapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day or a Canadian Business Day, as applicable;
(viii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, Eurocurrency Revolving Borrowing or a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(viiv) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving 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 Committed Currency; 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Borrowing. If no currency is specified with respect to any requested Eurocurrency Revolving Loans requested in Canadian Dollars Borrowing, then the relevant U.S. Borrower shall be a Canadian Prime Rate Borrowingdeemed to have selected dollars. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, 's duration. Promptly following receipt of a Borrowing Request for a Revolving Borrowing (other than a Canadian Borrowing) in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. Promptly following receipt of a Borrowing Request for a Canadian Prime Rate Borrowing in accordance with this Section, the Canadian Agent shall advise the Administrative Agent and each Canadian Lender of the details thereof and of the amount of such Canadian Lender's Canadian Prime Rate Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Agent shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing by delivery of a Borrowing Request (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative Agent or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar LIBOR Rate Borrowing, not later than 12:00 noon, Pacific New York City time, three two (2) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR BorrowingBorrowing or a Canadian Prime Rate Borrowing (including any such notice of an ABR Borrowing or Canadian Prime Rate Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(a)(v), 10:00 a.m.Section 2.06(b)(v) or Section 2.06(c)(v), Pacific time (oras applicable), in the case of a request for a Swingline Loannot later than 12:00 noon, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing Borrowing, and (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR a Canadian BA Rate BorrowingsBorrowing, 1:00 p.m.not later than 12:00 noon, Toronto New York City time, three (3) Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAgent. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name aggregate amount of the applicable Borrowerrequested Revolving Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such Revolving Borrowing, which shall be a Business Day;
(viii) whether such Revolving Borrowing is to be an ABR Borrowing, a Eurodollar LIBOR Rate Borrowing, a Canadian Prime Rate Borrowing or a CDOR Canadian BA Rate Borrowing; and;
(viiv) in the case of a Eurodollar LIBOR Rate Borrowing or CDOR a Canadian BA Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”;
(v) whether the Borrowing is for a Canadian Revolving Loan, a U.S. Revolving Loan or a FILO Facility Revolving Loan; and
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing. If no election as to the Type of Canadian Revolving Borrowing and (B) a is specified, then the requested Canadian Revolving Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBOR Rate Borrowing or CDOR Canadian BA Rate Borrowing, then the applicable Borrower Agent shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Applicable Administrative Agent shall advise each applicable Applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Each such telephonic request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Agent of a written request signed by the Company.
Appears in 1 contract
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility)Agent, as applicable, of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noonnot later than 10:00 a.m., Pacific California time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a CDOR Rate Borrowing, 10:00 not later than 9:00 a.m., Pacific time California time, three Business Days before the date of the proposed Borrowing, (or, c) in the case of a request for a Swingline LoanCBFR Borrowing, 12:00 noon Pacific not later than 10:00 a.m., California time), on the date of the proposed Borrowing and Borrowing, or (ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 9:00 a.m., Toronto California time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of a CBFR Revolving Borrowing and (b) in the case of or a Canadian Prime Rate Borrowings or ABR BorrowingsBorrowing 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., 1:00 p.m., Toronto California time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Agent, as applicable, of a written Borrowing Request in a form reasonably approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be an ABR a CBFR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing Borrowing, or a CDOR Rate Borrowing; and
(viiv) in the case of a Eurodollar Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be (Aa) a CBFR Borrowing in the case of U.S. a Revolving Loans or Multicurrency Revolving Loans Borrowing requested in Dollars shall be an ABR Borrowing dollars, and (Bb) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate BorrowingBorrowing in the case of a Revolving Borrowing requested in Canadian Dollars. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), ) of such request either in writing (delivered by hand or facsimileemail) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar EurodollarTerm Benchmark Borrowing, 12:00 noon, Pacific time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon noon, Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m.111:00 pa.m., Toronto time, 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 facsimile email to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar EurodollarTerm Benchmark Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar EurodollarTerm Benchmark Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar EurodollarTerm Benchmark Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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: Credit Agreement (Levi Strauss & Co)
Requests for Revolving Borrowings. To request a Revolving BorrowingBorrowing (other than a Swingline Loan or B/A Drawing, which are subject to Section 2.04 and 2.07, respectively), the applicable Borrower Representative shall notify the Administrative Applicable Agent (in the case of a requested Borrowing under and the U.S. FacilityAdministrative Agent, if it shall not be the Applicable Agent) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon, Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, 10:00 a.m.not later than 12:00 noon, Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR a Canadian Alternate Base Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the U.S. Administrative Agent (if a Multicurrency Revolving Loan), it shall not be the Applicable Agent) of a written Borrowing Request in a form approved by reasonably acceptable to the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a U.S. Revolving Borrowing under the U.S. Facility or the Multicurrency Facilitya Canadian Revolving Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing (in the case of a Borrowing denominated in U.S. Dollars) or a Canadian Alternate Base Rate Borrowing (in the case of a Borrowing denominated in Canadian Dollars);
(v) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period.” "; and
(vii) the location and number of the account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) if denominated in U.S. Dollars or a Canadian Alternate Base Rate Borrowing of Multicurrency Revolving Loans requested if denominated in Canadian Dollars shall be a Canadian Prime Rate BorrowingDollars. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Sysco Corp)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the applicable Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) substantially in a the form approved by the Applicable Administrative Agent attached hereto as Exhibit G and signed by the Borrower Representative or by telephone (ia) with respect to U.S. Revolving Loans, not later than Loans (ai) in the case of a Eurodollar Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific Chicago time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, 10:00 a.m.not later than 2:00 p.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific Chicago time), on the date of the proposed Borrowing Borrowing, and (iib) with respect to Multicurrency Revolving Canadian Loans, not later than (ai) in the case of CDOR Rate Borrowingsa Eurodollar Borrowing, 1:00 not later than 12:00 noon, Toronto time three Business Days before the date of the proposed Borrowing, (ii) in the case of a BA Drawing, not later than 3:00 p.m., Toronto time, three Business Days prior to before the date of the proposed Borrowing Borrowing, and (biii) in the case of a Canadian Prime Rate Borrowings Borrowing or an ABR BorrowingsBorrowing, not later than 1:00 p.m., Toronto 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 (in the case of any U.S. Letter of Credit) as contemplated by Section 2.06(e), may be given not later than 2:00 p.m., Chicago 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 facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Agent, as applicable, of a written Borrowing Request in a form approved by the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Rate Borrowing, a Canadian Prime Rate Borrowing BA Drawing or a CDOR Rate Eurodollar Borrowing; and;
(viv) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”; and Table of Contents
(vi) in the case of a BA Drawing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period”. If no election as to the Type of Borrowing of Revolving Loans is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Canadian Revolving Loans requested in Dollars dollars shall be an ABR Borrowing Borrowing, and (B) a Borrowing of Multicurrency Canadian Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowingof Revolving Loans, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent or the Canadian Administrative Agent, as applicable, 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Company, on behalf of itself or the Canadian Borrower, shall notify the Administrative Agent of such request (a) by telephone in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, three (3) Business Days (in the case of a requested Eurocurrency Borrowing under the U.S. Facilitydenominated in Dollars or Canadian Dollars) or the Multicurrency Administrative Agent with by irrevocable written notice (via a copy to written Borrowing Request in a form approved by the Administrative Agent and signed by the Company, on behalf of itself or the Canadian Borrower) not later than four (4) Business Days (in the case of a requested Eurocurrency Borrowing under the Multicurrency Facilitydenominated in a Foreign Currency (other than Canadian Dollars)), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loanseach case, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon, Pacific time, three Business Days before the date of the proposed Borrowing or (b) by telephone in the case of an ABR Borrowing, 10:00 a.m.not later than 12:00 noon, Pacific time New York City time, one (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on 1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (iito finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings11:00 a.m., 1:00 p.m., Toronto New York City time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeCompany, on behalf of itself or the Canadian Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Eurocurrency Borrowing; and;
(viiv) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, the Agreed Currency (if such Borrowing is for the Company) 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 applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) then, in the case of a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested denominated in Dollars or Canadian Dollars, the requested Revolving Borrowing shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (G&k Services Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand hand, facsimile or facsimileelectronic mail delivery) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar SOFR Borrowing, not later than 12:00 noonp.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or (or, in the case of any such Borrowings to be made on the Fourth Restatement Date, two Business Days), (b) in the case of an ABR a CDOR RateCanadian XXXXX Borrowing, 10:00 a.m.not later than 12:00 p.m., Pacific time New York City time, twothree Business Days before the date of the proposed Borrowing, (or, c) in the case of a request for a Swingline LoanABR Borrowing, not later than 12:00 noon Pacific p.m., New York City time), on the date of the proposed Borrowing and Borrowing, or (ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 10:00 a.m., Toronto New York City time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing and (b) in the case of or a Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 3:00 p.m., Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall Such request may be irrevocable and shall be confirmed promptly by hand delivery conditioned on the occurrence of one or facsimile to the Administrative Agent more events (if a U.S. Revolving Loan) including, but not limited to, any merger, acquisition, disposition, asset sale or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loancorporate restructuring, financing or reorganization), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable BorrowerBorrower(s);
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) in the case of a Canadian Borrowing, the applicable currency in which the Borrowing will be funded;
(v) whether such Borrowing is to be an a ABR Borrowing, a Eurodollar Term SOFR Borrowing, a Daily Simple SOFR Borrowing, a Canadian Prime Rate Borrowing, or a CDOR Ratea Term XXXXX Borrowing or a CDOR Rate Daily Compounded XXXXX Borrowing; and
(vi) in the case of a Eurodollar Term SOFR Borrowing or a CDOR Rate RateTerm XXXXX Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be (a) an ABR Borrowing and (B) in the case of a Borrowing of Multicurrency U.S. Revolving Loans Loan or Canadian Revolving Loan requested in Canadian Dollars shall be dollars, or (b) a Canadian Prime Rate BorrowingBorrowing in the case of a Canadian Revolving Loan requested in Canadian Dollars. If no Interest Period is specified with respect to any requested Eurodollar Term SOFR Revolving Borrowing or CDOR Rate RateTerm XXXXX Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or (or, in the case of a CDOR Rate Revolving Borrowing, 30 days’, as applicable, ) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Applicable Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in if other than the case of a requested Borrowing under the Multicurrency FacilityApplicable Administrative Agent), of such request either in writing (delivered by hand hand, facsimile, or facsimile) in via a form pdf or similar file attached to an email, if such method is approved by the Applicable Administrative Agent (an “Approved Email Notice”) substantially in the form attached hereto as Exhibit G and signed by the Borrower Representative or by telephone (ia) with respect to U.S. Revolving Loans, not later than (ai) in the case of a Eurodollar Borrowing, 12:00 not later than noon, Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing Borrowing, or (bii) in the case of an ABR Borrowing, 10:00 a.m.not later than noon, Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and Borrowing; (iib) with respect to Multicurrency Canadian Revolving Loans, (i) in the case of a Eurodollar Borrowing, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing, (ii) in the case of a BA Drawing, not later than 3:00 p.m., Local Time, three Business Days before the date of the proposed Borrowing, and (iii) in the case of a Canadian Prime Rate Borrowing or an ABR Borrowing, not later than 10:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; and (c) with respect to French Revolving Loans or U.K. Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings11:00 a.m., 1:00 p.m., Toronto timeLocal Time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile to the Applicable Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loanother than the Applicable Administrative Agent), of a written Borrowing Request in a form approved by the Applicable Administrative Agent Agent, and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) the currency of the requested Borrowing;
(v) the Facility under which such Borrowing will be made;
(vi) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Rate Borrowing, a Canadian Prime Rate Borrowing BA Drawing or a CDOR Rate Eurodollar Borrowing; and;
(vivii) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and
(viii) in the case of a BA Drawing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period.” If no election as to the Type of Borrowing of Revolving Loans is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Canadian Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Canadian Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowingof Revolving Loans, then the applicable Borrower Representative shall be deemed to have selected an Interest Period of one month’s or duration. If no Contract Period is specified with respect to a BA Drawing, then the Borrower Representative shall be deemed to have selected a Contract Period of approximately 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Company, on behalf of the Borrowers, shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) submitting a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving LoansCompany, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon, Pacific time, three Business Days before the date on behalf of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m., Pacific time Borrowers (or, in the case of a request for a Swingline LoanRevolving Borrowing denominated in U.S. Dollars, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be by telephone confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeCompany, on behalf of the Borrowers) (a) in the case of a Eurocurrency 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 Euro, not later than 11:00 a.m., Local Time, four (4) Business Days before the date of the proposed Borrowing, (c) in the case of an RFR Borrowing denominated in Pounds Sterling or Swiss Francs, not later than 11:00 a.m., Local Time, three (3) Business Days before the date of the proposed Borrowing, or (d) 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. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the currency and aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising in such Borrowingcurrency;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate an RFR Borrowing, as applicable; and
(viv) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”. If no currency 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, (A) in the case of a Borrowing of denominated in U.S. Dollars, the requested Revolving Loans or Multicurrency Revolving Loans requested in Dollars Borrowing shall be an ABR Borrowing and Borrowing, (B) in the case of a Borrowing of Multicurrency denominated in any Foreign Currency (other than Pounds Sterling or Swiss Francs), the requested Revolving Loans requested in Canadian Dollars Borrowing shall be a Canadian Prime Rate Eurocurrency Borrowing, and (C) in the case of a Borrowing denominated in Pounds Sterling or Swiss Francs, the requested Revolving Borrowing shall be an RFR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable Borrower Company shall be deemed to have selected an Interest Period of one (1) month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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: Credit Agreement (Cabot Corp)
Requests for Revolving Borrowings. (a) To request a ---------------------------------- Revolving Borrowing (other than a Canadian Borrowing), the a U.S. Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Eurocurrency Revolving Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (b) in the case of an ABR Borrowing, 10:00 not later than 10:30 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one same Business Day before the date of the proposed Borrowing. To request Acceptances, the Canadian Borrower shall follow the procedures set forth in Section 2.19.
(b) To request a Canadian Prime Rate Borrowing, the Canadian Borrower shall notify the Canadian Agent of such request by telephone not later than 10:30 a.m., Toronto time, on the same Canadian Business Day of the proposed Borrowing.
(c) Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) Agent, or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan)Canadian Agent, as applicable, of a written Borrowing Request in a form approved by the Applicable Administrative Agent or the Canadian Agent, as applicable, and signed by the Borrower Representativeapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day or a Canadian Business Day, as applicable;
(viii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, Eurocurrency Revolving Borrowing or a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(viiv) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Borrowing. If no currency is specified with respect to any requested Eurocurrency Revolving Loans requested in Canadian Dollars Borrowing, then the relevant U.S. Borrower shall be a Canadian Prime Rate Borrowingdeemed to have selected dollars. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, 's duration. Promptly following receipt of a Borrowing Request for a Revolving Borrowing (other than a Canadian Borrowing) in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. Promptly following receipt of a Borrowing Request for a Canadian Prime Rate Borrowing in accordance with this Section, the Canadian Agent shall advise the Administrative Agent and each Canadian Lender of the details thereof and of the amount of such Canadian Lender's Canadian Prime Rate Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Administrative Borrower, on behalf of the requesting Borrower, shall notify the Applicable Agent of such request by telecopy of a written Borrowing Request in the form of Exhibit G or any other form approved by the London Agent or the Toronto Agent, as applicable and signed by a Responsible Officer of the Administrative Agent Borrower (or, in the case of a requested Borrowing under the U.S. Facility) Administrative Agent, by telephone confirmed promptly by hand delivery or the Multicurrency Administrative Agent with a copy telecopy to the Administrative Agent (of a written Borrowing Request in the case form of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand Exhibit G or facsimile) in a any other form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative or by telephone (iAdministrative Borrower) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Eurocurrency Borrowing denominated in US Dollars or a CDOR Rate Borrowing denominated in Canadian Dollars, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, 12:00 noon(b) in the case of a Eurocurrency Borrowing denominated in any other Alternative Currency other than Canadian Dollars, Pacific timenot later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in 11:00 a.m., Local Time, on the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date same day of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (bto finance the reimbursement of an LC Disbursement as contemplated by Section 2.4(e) in the case of Canadian Prime Rate Borrowings or ABR Borrowingsmay be given not later than 10:00 a.m., 1:00 p.m., Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.2:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) currency and the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing, a Eurodollar Borrowingand, if denominated in Canadian Dollars, whether such Borrowing is to be a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(viv) in the case of a Eurodollar Eurocurrency Borrowing or a CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”
(vi) the location and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.5; and
(vii) in the case of a Borrowing in an Alternative Currency, 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 Eurocurrency Borrowing, then if the applicable Borrower is a US Borrower or a Canadian Borrower, it shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans denominated in US Dollars made to a US Borrower or Multicurrency Revolving Loans requested in Dollars shall be a Canadian Borrower, an ABR Borrowing and Borrowing, (B) in the case of a Borrowing denominated in US Dollars made to any other Borrower (other than a US Borrower or a Canadian Borrower), a Eurocurrency Borrowing, (C) in the case of Multicurrency Revolving Loans requested a Borrowing denominated in Canadian Dollars shall be made to a Canadian Borrower or a US Borrower, a Canadian Prime Rate Borrowing and (D) in the case of a Borrowing denominated in an Alternative Currency (other than Canadian Dollars), a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, days in the case of a CDOR Rate Borrowing) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the of U.S. FacilityRevolving Loans or Tranche B Revolving Loans) or the Multicurrency European Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request Tranche C Revolving Loans) either in writing (delivered delivered, in the case of the Administrative Agent, by hand hand, facsimile or other electronic communication or, in the case of the European Administrative Agent, by facsimile) in a form approved by the Applicable Administrative Agent (and the European Administrative Agent, as applicable) and signed by the Borrower Representative (or the requesting Borrower) or by telephone (ia) with respect to U.S. Revolving LoansLoans denominated in Dollars, not later than (ai) in the case of a Eurodollar Eurocurrency Borrowing, 12:00 noonnot later than 10:00 a.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or and (bii) in the case of an ABR Borrowing, 10:00 a.m.not later than noon, Pacific time Local Time, on the date of the proposed Borrowing, (orb) with respect to Loans denominated in Canadian Dollars, (i) in the case of a request for a Swingline LoanCDOR Borrowing, 12:00 noon Pacific time)not later than 3:00 p.m., on Local Time, three Business Days before the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loansin the case of a Canadian Prime Rate Borrowing, not later than (a) in the case of CDOR Rate Borrowings10:00 a.m., 1:00 p.m.Local Time, Toronto time, three one Business Days prior to Day before the date of the proposed Borrowing Borrowing, and (bc) with respect to Loans denominated in Euros or Sterling, not later than 10:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement (in the case of Canadian Prime Rate Borrowings or ABR Borrowingsany U.S. Letter of Credit) as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., 1:00 p.m.Local Time, Toronto time, one Business Day before 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 other electronic communication to the Administrative Agent, or in the case of a Tranche C Revolving Loan, by facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency European Administrative Agent with a copy by hand delivery, facsimile or other electronic communication to the Administrative Agent (if a Multicurrency Revolving Loan)Agent, of a written Borrowing Request in a form approved by the Applicable Administrative Agent (and the European Administrative Agent, as applicable), and signed by the Borrower RepresentativeRepresentative (or the requesting Borrower). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) the currency of the requested Borrowing;
(v) the Facility under which such Borrowing will be made;
(vi) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Rate Borrowing, a Canadian Prime Rate Borrowing Eurocurrency Borrowing, or a CDOR Rate Borrowing; and
(vivii) in the case of a Eurodollar Eurocurrency Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”. If no election as to the Type of Borrowing of Revolving Loans is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Tranche B Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Tranche B Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing of Revolving Loans or CDOR Rate BorrowingBorrowing of Revolving Loans, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, ) duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Applicable Administrative Agent Agent, in the case of a U.S. Revolving Loan or a Tranche B Revolving Loan, or the European Administrative Agent, in the case of a Tranche C Revolving Loan, 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 Revolving Borrowings. To request a Borrowing of Revolving BorrowingLoans, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Canadian Facility), of such request either in writing (delivered by hand or facsimileelectronic transmission) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon11:00 a.m., Pacific New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m.12:00 p.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Canadian Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings or Eurodollar Borrowings, 1:00 p.m.11:00 a.m., Toronto time, three (3) Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m.11:00 a.m., Toronto time, one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile electronic transmission to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Canadian Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) whether such Loans are being made to the name of U.S. Borrowers or the applicable Canadian Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown the manner in which the proceeds of the separate wires comprising such BorrowingBorrowing are to be disbursed (which shall be consistent with Section 2.07);
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Canadian Facility;
(v) the currency of the requested Borrowing;
(vi) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vivii) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Canadian Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Canadian Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Tailored Brands Inc)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Borrowers shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a CDOR Rate Borrowing or a Eurodollar Borrowing, 12:00 noonnot later than 10:00 a.m., Pacific Vancouver time, three Business Days before the date of the proposed Borrowing or (b) in the case of a Canadian Prime Rate Borrowing or an ABR Borrowing, not later than 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific Vancouver time), on the date of the proposed Borrowing; provided that any such notice of a Canadian Prime Rate Borrowing and (iior an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings9:00 a.m., 1:00 p.m., Toronto Vancouver time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) identify the name of the applicable Borrower;
(ii) whether Borrower making such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) Borrowing, the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, denominated in Canadian Dollars or US Dollars;
(iv) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a CDOR Rate Borrowing, an ABR Borrowing or a CDOR Rate Eurodollar Borrowing; and
(viv) in the case of a Eurodollar CDOR Rate Borrowing or CDOR Rate 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.” If no election as to the Type of Revolving Borrowing is specified, then (A) a Borrowing of U.S. the requested Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested Borrowing, if denominated in Canadian Dollars Dollars, shall be a Canadian Prime Rate Borrowing and, if denominated in US Dollars, shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar CDOR Rate Borrowing or CDOR Rate Eurodollar Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, ’ in the case of CDOR) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the a Borrower Representative shall notify the Administrative Applicable Agent (in and the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to Agent, if the Administrative Agent (in is not the case of a requested Borrowing under the Multicurrency Facility), Applicable Agent) of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing or BA Rate Borrowing, not later than 12:00 noon, Pacific timeLocal Time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, 10:00 a.m.not later than 12:00 noon, Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and (iiso long as such day is a Business Day); provided that any such notice of an ABR Revolving Borrowing or Canadian Prime Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) with respect to Multicurrency Revolving Loans, may be given not later than (a) in the case of CDOR Rate Borrowings10:00 a.m., 1:00 p.m.Local Time, Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, e-mail or facsimile telecopy to the Applicable Agent (and the Administrative Agent, if the Administrative Agent (if a U.S. Revolving Loanis not the Applicable Agent) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility in respect of Revolving Loans or the Multicurrency FacilityTerm Loans;
(iii) if related to Revolving Loans, whether such Borrowing is to be made under the U.S. Tranche or the Canadian Tranche;
(iv) the aggregate amount of the requested Borrowing, and, if requested by the Canadian Borrower, whether such Borrowing and a breakdown of the separate wires comprising such Borrowingshall be denominated in U.S. Dollars or Canadian Dollars;
(ivv) the date of such Borrowing, which shall be a Business Day;
(vvi) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Rate Borrowing, a Canadian Prime Rate Eurodollar Borrowing or a CDOR BA Rate Borrowing; and;
(vivii) in the case of a Eurodollar Borrowing or CDOR a BA 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
(viii) 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 2.07. If no election as to the Type of Borrowing is specified, then (A) then, in the case of a Borrowing denominated in U.S. Dollars, the requested Borrowing shall be, if then available, a Eurodollar Borrowing with a one-month Interest Period (with ABR otherwise being applied), and in the case of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested denominated in Canadian Dollars Dollars, the requested Borrowing shall be be, if then available, a BA Rate Borrowing with an Interest Period of 30 days (with Canadian Prime Rate Borrowingotherwise being applied). If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR BA Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower Representative shall notify the Administrative Applicable Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative telephone or by telephone (i) with respect to U.S. Revolving Loans, not later than telecopy (a) in the case of a Eurodollar Eurocurrency Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, 10:00 not later than 11:00 a.m., Pacific time Local Time, on the Business Day of the proposed Borrowing or (or, c) in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving LoansCanadian Base Rate Borrowing, not later than (a) in 11:00 a.m., Local Time on the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before 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 facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved agreed to by the Applicable Administrative Agent and the Company and signed by the Borrower Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of Borrower requesting such Borrowing (or on whose behalf the applicable BorrowerCompany is requesting such Borrowing);
(ii) whether such the requested Borrowing is to be a US Tranche Borrowing, a European Tranche Borrowing, a Canadian Tranche Borrowing under the U.S. Facility or the Multicurrency Facilityan Australian Tranche Borrowing;
(iii) the currency and aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR the Type of the requested Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(vi) in the case of a Eurodollar Eurocurrency Borrowing or CDOR a Xxxx Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “"Interest Period.” If no election as to "; and
(vii) the Type of Borrowing is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing location and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender number of the details thereof and of the amount of such Lender’s Loan relevant Borrower's account to which funds are to be made as part disbursed, which shall comply with the requirements of the requested BorrowingSection 2.
Appears in 1 contract
Samples: Credit Agreement (Kellogg Co)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Company shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) telecopy of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or Company (or, in the case of a Revolving Borrowing denominated in U.S. Dollars, by telephone (iconfirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Company) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in U.S. Dollars, 12:00 noonnot later than 11:00 a.m., Pacific 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, a Canadian Prime Rate Borrowing, a CDOR Rate Borrowing, an Australian Xxxx Rate Borrowing or an SOR Rate Borrowing, not later than 11:00 a.m., Local Time, four (b4) Business Days before the date of the proposed Borrowing, or (c) in the case of an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings11:00 a.m., 1:00 p.m., Toronto New York City time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the currency and aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, a Canadian Prime Rate Borrowing or a Borrowing, CDOR Rate Borrowing; and, Australian Xxxx Rate Borrowing or SOR Rate Borrowing, as applicable;
(viv) in the case of a Eurodollar Eurocurrency Borrowing, Canadian Prime Rate Borrowing, CDOR Rate Borrowing, Australian Xxxx Rate Borrowing or CDOR SOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”; and
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no currency 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, (A) in the case of a Borrowing of denominated in U.S. Dollars, the requested Revolving Loans or Multicurrency Revolving Loans requested in Dollars Borrowing shall be an ABR Borrowing and Borrowing, (B) in the case of a Borrowing of Multicurrency Revolving Loans requested denominated in Canadian Dollars Dollars, the requested Revolving Borrowing shall be a Canadian Prime CDOR Rate Borrowing, (C) in the case of a Borrowing denominated in Australian Dollars, the requested Revolving Borrowing shall be an Australian Xxxx Rate Borrowing, (D) in the case of a Borrowing denominated in Singapore Dollars, the requested Revolving Borrowing shall be an SOR Rate Borrowing, and (E) in the case of a Borrowing denominated in any other Foreign Currency, the requested Revolving Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Revolving Borrowing, Canadian Prime Rate Revolving Borrowing, CDOR Rate Revolving Borrowing, Australian Xxxx Rate Revolving Borrowing or CDOR SOR Rate Revolving Borrowing, then the applicable Borrower Company shall be deemed to have selected an Interest Period of one (1) month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Cabot Corp)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the applicable Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Revolving Borrowing, not later than 12:00 noon, Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Revolving Borrowing, 10:00 not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing, provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and Borrowing, (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR a Canadian Base Rate BorrowingsRevolving Borrowing, 1:00 not later than 12:00 p.m., Toronto time, three one Business Days prior to Day before the date of the proposed borrowing, provided any such notice of a Canadian Base Rate Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Toronto time, on the date of the proposed Borrowing, and (bd) in the case of Canadian Prime a U.S. Base Rate Borrowings or ABR BorrowingsRevolving Borrowing, 1:00 p.m.not later than 12:00 noon, Toronto time, one Business Day before 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 facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower. Each such written and telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01information:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a U.S. Revolving Borrowing under the U.S. Facility or the Multicurrency Facilitya Canadian Revolving Borrowing;
(iii) the currency and aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Revolving Borrowing, a Eurodollar U.S. Base Rate Revolving Borrowing, a Canadian Prime Base Rate Revolving Borrowing or a CDOR Rate Eurodollar Revolving Borrowing; and;
(vi) in the case of a Eurodollar Borrowing or CDOR Rate Revolving Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”;
(vii) 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 2.07; and
(viii) that as of such date Section 4.02(a) is satisfied. If no election as to the Type of Revolving Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be Borrowing, an ABR Borrowing Revolving Borrowing, and (B) a Borrowing in the case of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Revolving Borrowing, a Canadian Base Rate Revolving Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Applicable 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. If no currency is specified with respect to any Canadian Revolving Borrowing, then the currency of such Canadian Revolving Borrowing shall be Canadian Dollars (unless the applicable Borrowing Request otherwise specified that such Borrowing shall be a U.S. Base Rate Canadian Revolving Borrowing or a Eurodollar Canadian Revolving Borrowing, in which case the currency of such Canadian Revolving Borrowing shall be U.S. Dollars).
Appears in 1 contract
Requests for Revolving Borrowings. To request a Borrowing of Revolving BorrowingLoans, the Borrower Representative (or the Canadian Borrower if applicable) shall notify (i) the US Administrative Agent (in the case of a requested Borrowing under of US Revolving Loans and (ii) the U.S. Facility) or the Multicurrency Canadian Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility)of Canadian Revolving Loans, of such request in each case, either in writing (delivered by hand or facsimile) ), with a copy to the US Administrative Agent in the case of requested Borrowing of Canadian Revolving Loans, in a form approved by the Applicable applicable Administrative Agent and signed by the Borrower Representative (or the Canadian Borrower if applicable) or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, not later than 12:00 noon., Pacific New York time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or an ABR BorrowingsBorrowing, 1:00 p.m.not later than noon, Toronto timeLocal Time, one Business Day before 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 facsimile .pdf transmission to the US Administrative Agent (if or, in the case of a U.S. Borrowing of Canadian Revolving Loan) or Loans, to the Multicurrency Canadian Administrative Agent with a copy to the US Administrative Agent (if a Multicurrency Revolving Loan), Agent) of a written Borrowing Request in a form approved by the Applicable applicable Administrative Agent and signed by the Borrower RepresentativeRepresentative (or the Canadian Borrower if applicable). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under made to the U.S. Facility US Borrowers or the Multicurrency FacilityCanadian Borrower;
(iiiii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Eurodollar Borrowing; and
(viv) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Revolving Borrowing, then the applicable Borrower Representative shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Bowne & Co Inc)
Requests for Revolving Borrowings. To request a Revolving BorrowingBorrowing (other than a Swingline Loan or B/A Drawing, which shall be subject to Sections 2.04 and 2.07, respectively), the applicable Borrower Representative shall notify the Administrative Applicable Agent (in and the case of a requested Borrowing under US Agent, if it is not the U.S. FacilityApplicable Agent) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Eurocurrency Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, 10:00 not later than 11:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)Local Time, on the date of the proposed Borrowing and or (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (b) in the case of or Canadian Prime Rate Borrowings or ABR BorrowingsBorrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e) may be given no later than 11:00 a.m., 1:00 p.m., Toronto time, one Business Day before Local 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 facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (US Agent, if a Multicurrency Revolving Loan), it is not the Applicable Agent) of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name identity of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Canadian Revolving Borrowing, a US Revolving Borrowing, a UK Revolving Borrowing, a Swiss Revolving Borrowing, an Italian Revolving Borrowing under the U.S. Facility or the Multicurrency Facilitya French Revolving Borrowing;
(iii) the aggregate amount and currency of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, Eurocurrency Borrowing or a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(vi) in the case of a Eurodollar Borrowing or CDOR Rate 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
(vii) 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 2.06. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested if denominated in Canadian Dollars shall be US Dollars, a Canadian Prime Rate BorrowingBorrowing if denominated in Canadian Dollars, or a Eurocurrency Borrowing if denominated in Euros or Sterling. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each Lender of the applicable Lender 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Agent shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing by delivery of a Borrowing Request (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than Agent (a) in the case of an Interest Period Loan other than a Eurodollar BorrowingCanadian BA Rate Loan, not later than 12:00 noon, Pacific New York City time, three two (2) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR a Canadian BA Rate Loan, not later than 12:00 noon, Toronto, Ontario time, three (3) Business Days before the date of the proposed Borrowing, 10:00 a.m., Pacific time or (or, c) in the case of a request for Floating Rate Loan (including any such notice of a Swingline LoanFloating Rate Loan to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e)), not later than 12:00 noon, New York City time, or with respect to Canadian Prime Rate Loans or Canadian Base Rate Loans, 12:00 noon Pacific noon, Toronto, Ontario time), on the date of the proposed Borrowing; provided that in the case of the initial Tranche B Loan Borrowing and (ii) with respect to Multicurrency Revolving Loanssuch notification shall be delivered, in the case of an Interest Period Loan, not later than (a) in the case of CDOR Rate Borrowings12:00 noon, 1:00 p.m., Toronto New York City time, three two (2) Business Days prior to before the date of the proposed Borrowing Borrowing, and (b) in the case of Canadian Prime a Floating Rate Borrowings or ABR BorrowingsLoan, 1:00 p.m.not later than 12:00 noon, Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name aggregate amount of the applicable Borrowerrequested Revolving Borrowing;
(ii) whether the currency in which such Borrowing is Loans are to be denominated (and if not specified, it shall be deemed a Borrowing under the request for (A) ABR Loans in Dollars if on behalf of a U.S. Facility or the Multicurrency FacilityBorrower, and (B) Canadian Prime Rate Loans in Canadian Dollars if on behalf of a Canadian Borrower);
(iii) whether the aggregate amount Revolving Borrowing requested is to be a Floating Rate Loan or an Interest Period Loan (and if not specified, the Revolving Borrowing requested shall be deemed a request for (A) ABR Loans if requested for or on behalf of a U.S. Borrower, and (B) Canadian Prime Rate Loans if requested for and on behalf of a Canadian Borrower, unless the requested Borrowing and request specifies such Loans are to be denominated in Dollars in which case it shall be deemed a breakdown of the separate wires comprising such Borrowingrequest for Canadian Base Rate Loans);
(iv) the date of such Revolving Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or CDOR Rate BorrowingInterest Period Loans, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is (and, if not specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no the Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected a request for an Interest Period Loan with an Interest Period of one month’s or 30 days’, as applicable, duration);
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed; and
(vii) the identity of the Borrower of such Revolving Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Applicable Lender of the details thereof and of the amount of such Applicable Lender’s Loan to be made as part of the requested Borrowing. Notwithstanding anything in this Agreement to the contrary, during the Tranche B Period, the U.S. Borrowers shall not request, and U.S. Revolving Lenders shall be under no obligation to fund, any Revolving Loan unless the U.S. Borrowers have borrowed the maximum amount available under the Tranche B Borrowing Base (up to the amount of the Tranche B Commitments). If on any date after the Tranche B Effective Date, the Tranche B Borrowing Base exceeds the Tranche B Lenders’ aggregate Tranche B Exposure, then any Loans thereafter requested by U.S. Borrowers shall be deemed to be Tranche B Loans and shall be made by Tranche B Lenders in accordance with the terms and conditions of this Agreement until the Tranche B Lenders’ aggregate Tranche B Exposure equals the lesser of (A) the aggregate Tranche B Commitments at such time, and (B) the Tranche B Borrowing Base at such time.
Appears in 1 contract
Samples: Credit Agreement (American Tire Distributors Holdings, Inc.)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative applicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to and the Administrative Agent, if the Applicable Agent (in is not the case of a requested Borrowing under the Multicurrency Facility), Administrative Agent) of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than telephone:
(a) in the case of a Eurodollar Eurocurrency Borrowing, 12:00 noonnot later than 1:00 p.m., Pacific timeLocal Time, three Business Days before the date of the proposed Borrowing or Borrowing,
(b) in the case of an ABR Borrowing, 10:00 a.m.not later than 1:00 p.m., Pacific time New York City time, one Business Day before the date of the proposed Borrowing,
(or, c) in the case of a request for a Swingline LoanCanadian Base Rate Revolving Borrowing, 12:00 noon Pacific time)not later than 1:00 p.m., on Local Time, one Business Day before the date of the proposed Borrowing and Borrowing, and
(ii) with respect to Multicurrency Revolving Loans, not later than (ad) in the case of CDOR Rate Borrowingsa Borrowing of Acceptances, not later than 1:00 p.m., Toronto time, three two Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by 2:00 p.m. (Local Time) on the same Business Day by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of Borrower requesting such Borrowing (or on whose behalf the applicable BorrowerCompany is requesting such Borrowing);
(ii) whether such the requested Borrowing is to be a US Tranche Revolving Borrowing, a UK Tranche Revolving Borrowing under the U.S. Facility or the Multicurrency Facilitya Canadian Tranche Revolving Borrowing;
(iii) the currency and aggregate principal amount (in the case of Loans) or face amount (in the case of Acceptances) of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such the requested Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR the Type of the requested Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(vi) in the case of a Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”;
(vii) in the case of a Borrowing of Acceptances, the term applicable thereto, which shall be a period contemplated by Section 2.04(a); and
(viii) 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 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (Ai) in the case of a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be under the US Tranche, an ABR Borrowing, (ii) in the case of a Borrowing under the UK Tranche, a Eurocurrency Borrowing, and (Biii) in the case of a Borrowing of Multicurrency Revolving Loans requested under the Canadian Tranche denominated in (x) Canadian Dollars shall be Dollars, a Canadian Prime Base Rate Borrowing, and (y) US Dollars, an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’duration. If no term is specified with respect to any requested Borrowing of Acceptances, as applicable, then the relevant Borrower shall be deemed to have selected a term of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender that will make a Loan or accept a Draft as part of the requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made or the face amount of the Draft to be accepted by such Lender as part of the requested Borrowing.
Appears in 1 contract
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimiletelecopy) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Eurocurrency Borrowing, 12:00 noon, Pacific timenot later than 10:00 a.m. Local Time, three Business Days (in the case of a Eurocurrency Borrowing denominated in Dollars or Canadian Dollars), or not later than 10:00 a.m. Local Time, four (4) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency (other than Canadian Dollars)), in each case, before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time)a.m. Local Time, on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowingsan ABR Borrowing denominated in Dollars), 1:00 p.m.or not later than 10:00 a.m. Local Time, Toronto time, three one Business Days prior to Day before the date of the proposed Borrowing and (b) in the case of an ABR Borrowing denominated in Canadian Prime Rate Borrowings or Dollars); provided that any such notice of an ABR BorrowingsRevolving 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., 1:00 p.m.Local Time, Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeBorrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(ivii) the date of such Borrowing, which shall be a Business Day;
(viii) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Eurocurrency Borrowing; and;
(viiv) the Agreed Currency and, in the case of a Eurodollar Borrowing or CDOR Rate 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) then, in the case of a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested denominated in Dollars or Canadian Dollars, the requested Revolving Borrowing shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Myr Group Inc.)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Administrative Borrower, on behalf of the requesting Borrower, shall notify the Applicable Agent of such request by telecopy of a written Borrowing Request in the form of Exhibit G or any other form approved by the London Agent or the Toronto Agent, as applicable and signed by a Responsible Officer of the Administrative Agent Borrower (or, in the case of a requested Borrowing under the U.S. Facility) Administrative Agent, by telephone confirmed promptly by hand delivery or the Multicurrency Administrative Agent with a copy telecopy to the Administrative Agent (of a written Borrowing Request in the case form of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand Exhibit G or facsimile) in a any other form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative or by telephone (iAdministrative Borrower) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in US Dollars or a CDOR Rate Borrowing denominated in Canadian Dollars, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of an ABR a Eurocurrency Borrowing denominated in any other Alternative Currency (other than Canadian Dollars) or a EURIBOR Borrowing, 10:00 not later than 11:00 a.m., Pacific time (orLocal Time, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on three Business Days before the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (ac) in the case of CDOR an ABR Borrowing or a Canadian Prime Rate BorrowingsBorrowing, 1:00 p.m.not later than 11:00 a.m., Toronto timeLocal Time, three Business Days prior to on the date same day of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing and (bto finance the reimbursement of an LC Disbursement as contemplated by Section 2.5(e) in the case of Canadian Prime Rate Borrowings or ABR Borrowingsmay be given not later than 10:00 a.m., 1:00 p.m., Toronto New York City time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.2:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) currency and the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, or a EURIBOR Borrowing and, if denominated in Canadian Dollars, whether such Borrowing is to be a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and;
(viv) in the case of a Eurodollar Eurocurrency Borrowing, a CDOR Rate Borrowing or CDOR Rate 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.” ”;
(vi) the location and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.6; and
(vii) in the case of a Borrowing in an Alternative Currency, 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 Eurocurrency Borrowing, then if the applicable Borrower is a US Borrower or a Canadian Borrower, it shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans denominated in US Dollars made to a US Borrower or Multicurrency Revolving Loans requested in Dollars shall be a Canadian Borrower, an ABR Borrowing and Borrowing, (B) in the case of a Borrowing denominated in US Dollars made to any other Borrower (other than a US Borrower or a Canadian Borrower), a Eurocurrency Borrowing, (C) in the case of Multicurrency Revolving Loans requested a Borrowing denominated in Canadian Dollars shall be made to a Canadian Borrower or a US Borrower, a Canadian Prime Rate Borrowing, (D) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing and (E) in the case of a Borrowing denominated in an Alternative Currency (other than Euros and Canadian Dollars), a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, CDOR Rate Borrowing or CDOR Rate EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, days in the case of a CDOR Rate Borrowing) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Company shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimile) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a CDOR Rate Borrowing or Eurodollar Borrowing, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of a Canadian Prime Rate Borrowing or an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings11:00 a.m., 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of a Canadian Prime Rate Borrowing or an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeCompany. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower that will receive the requested Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing(in US Dollars or, with respect to Canadian Dollar Loans, in Canadian Dollars);
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Prime Rate Borrowing, a Canadian Prime Rate Borrowing CDOR Borrowing, or a CDOR Rate Eurodollar Borrowing; and;
(viv) in the case of a Eurodollar CDOR Rate Borrowing or CDOR Rate a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” ”; and
(vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Revolving Borrowing is specified, then (A) a the requested Revolving Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing or an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar CDOR Borrowing or CDOR Rate Eurodollar Revolving Borrowing, then the applicable Borrower Company shall be deemed to have selected an Interest Period of one month’s duration (or 30 days’, as applicable, durationdays in the case of a CDOR Borrowing). Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Matrix Service Co)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Administrative Borrower, on behalf of the requesting Borrower, shall notify the Applicable Agent of such request by telecopy of a written Borrowing Request in the form of Exhibit F or any other form approved by the London Agent or the Toronto Agent, as applicable and signed by a Responsible Officer of the Administrative Agent Borrower (or, in the case of a requested Borrowing under the U.S. Facility) Administrative Agent, by telephone confirmed promptly by hand delivery or the Multicurrency Administrative Agent with a copy telecopy to the Administrative Agent (of a written Borrowing Request in the case form of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand Exhibit F or facsimile) in a any other form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative or by telephone (iAdministrative Borrower) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in US Dollars or a CDOR Rate Borrowing denominated in Canadian Dollars, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of a Eurocurrency Borrowing denominated in any other Alternative Currency (other than Canadian Dollars) or a EURIBOR Borrowing, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 11:00 a.m., Local Time, on the same day 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 2.5(e) may be given not later than 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.2:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) currency and the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, a Canadian Prime Rate Borrowing EURIBOR Borrowing, or a CDOR Rate Borrowing; and, as applicable;
(viv) in the case of a Eurodollar Eurocurrency Borrowing, a CDOR Rate Borrowing or CDOR Rate 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.” ”;
(vi) the location and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.6; and
(vii) in the case of a Borrowing in an Alternative Currency, 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 Eurocurrency Borrowing, then if the applicable Borrower is a US Borrower or a Canadian Borrower, it shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans denominated in US Dollars made to a US Borrower or Multicurrency Revolving Loans requested in Dollars shall be a Canadian Borrower, an ABR Borrowing, (B) in the case of a Borrowing denominated in US Dollars made to any other Borrower (other than a US Borrower or a Canadian Borrower), a Eurocurrency Borrowing, (C) in the case of a Borrowing denominated in Canadian Dollars made to a Canadian Borrower or a US Borrower, a CDOR Rate Borrowing, (D) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing and (BE) in the case of a Borrowing of Multicurrency Revolving Loans requested denominated in an Alternative Currency (other than Euros and Canadian Dollars shall be Dollars), a Canadian Prime Rate Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, CDOR Rate Borrowing or CDOR Rate EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s (or 30 days’, as applicable, days in the case of a CDOR Rate Borrowing) duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable 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 Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered a) by hand or facsimile) in irrevocable written notice (via a form approved by the Applicable Administrative Agent and written Borrowing Request signed by the Borrower Representative or promptly followed by telephone (i) with respect to U.S. Revolving Loans, not later than (atelephonic confirmation of such request) in the case of a Eurodollar Eurocurrency Borrowing or CDOR Borrowing, 12:00 noonnot later than 10:00 a.m., Pacific timeLocal Time, three (3) Business Days before the date of the proposed Borrowing or (b) by telephone in the case of an ABR Borrowing or Canadian Base Rate Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings10:00 a.m., 1:00 p.m.Local Time, Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, one Business Day before on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.02:
(i) the name of the applicable BorrowerBorrower(s);
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(iv) whether such Borrowing is a Domestic Tranche Borrowing or a Global Tranche Borrowing;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Canadian Base Rate Borrowing, a Canadian Prime CDOR Rate Borrowing or a CDOR Rate Eurocurrency Borrowing; and
(vi) in the case of a Eurodollar Borrowing Eurocurrency Borrowing, the Agreed Currency of such Borrowing; and
(vii) in the case of a Eurocurrency or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then (Aa) in the case of a Borrowing of denominated in U.S. Dollars to the Company or the Canadian Borrower, the requested Revolving Loans or Multicurrency Revolving Loans requested in Dollars Borrowing shall be an ABR Borrowing and Borrowing, (Bb) in the case of a Borrowing of Multicurrency Revolving Loans requested denominated in Canadian Dollars Dollars, the requested Revolving Borrowing shall be a Canadian Prime Base Rate Borrowing and (c) in the case of a Borrowing denominated in U.S. Dollars, Sterling or Euro to any Foreign Borrower (other than the Canadian Borrower), the requested Revolving Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing Eurocurrency or CDOR Rate Revolving Borrowing, then the applicable Borrower Representative shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Belden Inc.)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative shall notify the Administrative Agent (in the case of a requested Borrowing under the U.S. Facility) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (in the case of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand or facsimilefacsimileemail) in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative or by telephone (i) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar Borrowing, 12:00 noon, Pacific time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon noon, Pacific time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile facsimileemail to the Administrative Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower Representative. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.01:
(i) the name of the applicable Borrower;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iv) the date of such Borrowing, which shall be a Business Day;
(v) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing, a Canadian Prime Rate Borrowing or a CDOR Rate Borrowing; and
(vi) in the case of a Eurodollar Borrowing or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Borrowing is specified, then (A) a Borrowing of U.S. Revolving Loans or Multicurrency Revolving Loans requested in Dollars shall be an ABR Borrowing and (B) a Borrowing of Multicurrency Revolving Loans requested in Canadian Dollars shall be a Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.
Appears in 1 contract
Samples: Credit Agreement (Levi Strauss & Co)
Requests for Revolving Borrowings. To request a Revolving Borrowing, the Borrower Representative Administrative Borrower, on behalf of the requesting Borrower, shall notify the Applicable Agent of such request by telecopy of a written Borrowing Request in the form of Exhibit F or any other form approved by the London Agent or the Toronto Agent, as applicable and signed by a Responsible Officer of the Administrative Agent Borrower (or, in the case of a requested Borrowing under the U.S. Facility) Administrative Agent, by telephone confirmed promptly by hand delivery or the Multicurrency Administrative Agent with a copy telecopy to the Administrative Agent (of a written Borrowing Request in the case form of a requested Borrowing under the Multicurrency Facility), of such request either in writing (delivered by hand Exhibit F or facsimile) in a any other form approved by the Applicable Administrative Agent and signed by a Responsible Officer of the Borrower Representative or by telephone (iAdministrative Borrower) with respect to U.S. Revolving Loans, not later than (a) in the case of a Eurodollar BorrowingEurocurrency Borrowing denominated in US Dollars or a CDOR Rate Borrowing denominated in Canadian Dollars, 12:00 noonnot later than 11:00 a.m., Pacific New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of a Eurocurrency Borrowing denominated in any other Alternative Currency (other than Canadian Dollars) or a EURIBOR Borrowing, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, on the same day 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 2.5(e) may be given not later than 10:00 a.m., Pacific time (or, in the case of a request for a Swingline Loan, 12:00 noon Pacific New York City time), on the date of the proposed Borrowing and (ii) with respect to Multicurrency Revolving Loans, not later than (a) in the case of CDOR Rate Borrowings, 1:00 p.m., Toronto time, three Business Days prior to the date of the proposed Borrowing and (b) in the case of Canadian Prime Rate Borrowings or ABR Borrowings, 1:00 p.m., Toronto time, 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 facsimile telecopy to the Administrative Applicable Agent (if a U.S. Revolving Loan) or the Multicurrency Administrative Agent with a copy to the Administrative Agent (if a Multicurrency Revolving Loan), of a written Borrowing Request in a form approved by the Applicable Administrative Agent and signed by the Borrower RepresentativeAdministrative Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.012.2:
(i) the name of the applicable BorrowerBorrower requesting such Borrowing;
(ii) whether such Borrowing is to be a Borrowing under the U.S. Facility or the Multicurrency Facility;
(iii) currency and the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing;
(iviii) the date of such Borrowing, which shall be a Business Day;
(viv) whether such Borrowing is to be an ABR Borrowing, a Eurodollar Eurocurrency Borrowing, a Canadian Prime Rate Borrowing EURIBOR Borrowing, or a CDOR Rate Borrowing; and, as applicable;
(viv) in the case of a Eurodollar Eurocurrency Borrowing, a CDOR Rate Borrowing or CDOR Rate 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.” ”;
(vi) the location and number of such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.6; and
(vii) in the case of a Borrowing in an Alternative Currency, 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 Eurocurrency Borrowing, then if the applicable Borrower is a US Borrower or a Canadian Borrower, it shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing of U.S. Revolving Loans denominated in US Dollars made to a US Borrower or Multicurrency Revolving Loans requested in Dollars shall be a Canadian Borrower, an ABR Borrowing, (B) in the case of a Borrowing denominated in US Dollars made to any other Borrower (other than a US Borrower or a Canadian Borrower), a Eurocurrency Borrowing, (C) in the case of a Borrowing denominated in Canadian Dollars made to a Canadian Borrower or a Specified US Borrower, a CDOR Rate Borrowing, (D) in the case of a Borrowing denominated in Euros, a EURIBOR Borrowing and (BE) in the case of a Borrowing of Multicurrency Revolving Loans requested denominated in an Alternative Currency (other than Euros and Canadian Dollars shall be Dollars), a Canadian Prime Rate Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, CDOR Rate Borrowing or CDOR Rate EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s or 30 days’, as applicable, duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Applicable Administrative Agent shall advise each applicable 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