Common use of Requests for Revolving Borrowings Clause in Contracts

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable. Each such telephonic and written Borrowing Request shall specify the following information:

Appears in 1 contract

Samples: Credit Agreement (Furmanite Corp)

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Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon3:00 p.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR Borrowing, noonnot later than 3:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to 00000000000@xxx.xxxxxxx.xxx or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Any Revolving Loans made on the Effective Date shall initially be ABR Loans. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon3:00 p.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR a Federal Funds Rate Borrowing, noonnot later than 3:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to 00000000000@xxx.xxxxxxx.xxx) or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Any Revolving Loans made on the Effective Date shall initially be Federal Funds Rate Loans. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be a Federal Funds Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. (a) To request a Revolving Borrowing, the applicable Borrower shall notify submit an irrevocable Borrowing Request in the Administrative Agent of such request either in writing (delivered by hand form attached hereto as Exhibit D or facsimile) to the Administrative Agent in a any other form approved by the Administrative Agent and signed by telecopy or electronic mail to the Company or by telephone not later than address specified in Section 9.01(a)(ii) (ai) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon3:00 p.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cii) in the case of a Federal Funds Rate Borrowing or an ABR Borrowing, noonnot later than 3:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (1) the amount and Type of Revolving Loans to be borrowed, (2) the date of such Borrowing, which shall be a Business Day, (3) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor, (4) 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, (5) in the case of a Borrowing Request delivered by EDJ, whether such Revolving Loan will be a Secured Loan or an Unsecured Loan, (6) in the case of a Borrowing by EDJ of a Secured Loan, whether such Secured Loan is designated as a Customer Revolving Loan or a Firm Revolving Loan, (7) in the case of a Borrowing by EDJ of a Secured Loan, whether the Eligible Assets pledged are designated as Customer Pledged Eligible Assets or designated as Firm Pledged Eligible Assets and (8) in the case of a Borrowing by EDJ of a Secured Loan, the Loan Date. If no designation as to the type of Pledged Eligible Asset is specified in a Borrowing Request, then the requested Revolving Borrowing shall be deemed to be a request for an Unsecured Loan. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be (i) a Federal Funds Rate Borrowing, in the case of a Revolving Borrowing requested by EDJ and (ii) an ABR Borrowing, in the case of a Revolving Borrowing requested by JFC. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Jones Financial Companies LLLP)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower Representative shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimilefax) to by delivering a Borrowing Request signed by a Responsible Officer of the Administrative Agent in a form Borrower Representative or through an Electronic System if arrangements for doing so have been approved by the Administrative Agent and signed (or if an Extenuating Circumstance shall exist, by the Company or by telephone telephone) not later than (a) in the case of a Eurocurrency EurodollarTerm Benchmark Borrowing, 10:00 a.m., Dallas Chicago time, three Business Days before the date of the proposed Borrowing , (b3) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR a CBFR Borrowing, noon, Dallas Chicago time, on the date of the proposed Borrowing; provided that any such notice of an ABR a CBFR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may must be given not later than 9:00 a.m., Dallas Chicago time, on the date of the such proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. 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 an Electronic System to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by a Responsible Officer of the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableRepresentative. Each such telephonic and written (or if permitted, telephonic) Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the aggregate amount of the requested Revolving Borrowing; (ii) the date of such Revolving Borrowing, which shall be a Business Day; (iii) whether such Revolving Borrowing is to be a CBFR Borrowing or a EurodollarTerm Benchmark Borrowing; and (iv) in the case of a EurodollarTerm Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period."

Appears in 1 contract

Samples: Credit Agreement (HF Foods Group Inc.)

Requests for Revolving Borrowings. To request a (a) Each Revolving Borrowing, each conversion of Loans from one Type to the applicable Borrower other, and each continuation of RFR Loans or EURIBOR Rate Loans shall notify be made upon the Administrative Agent Borrower’s irrevocable written notice (for the avoidance of such request either in writing (delivered by hand or facsimiledoubt, email being sufficient) to the Administrative Agent in a form approved Agent. Each such notice must be received by the Administrative Agent and signed by the Company or by telephone not later than (ai) 1:00 p.m. (New York City time) three Business Days prior to the requested date of any Revolving Borrowing or continuation of RFR Loans denominated in Dollars or any conversion of ABR Loans to RFR Loans, (ii) 1:00 p.m. (New York City time) three Business Days prior to the requested date of any Revolving Borrowing or continuation of RFR Loans or EURIBOR Rate Loans denominated in an Alternative Currency and (iii) 11:00 a.m. (New York City time) on the requested date of any Revolving Borrowing of ABR Loans; provided, however, that if the Borrower wishes to request RFR Loans or EURIBOR Rate Loans having an Interest Period other than one, three, six or twelve months in duration as provided in the case definition of a Eurocurrency “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days prior to the requested date of such Revolving Borrowing, 10:00 conversion or continuation, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., Dallas time, three Business Days before the requested date of such Revolving Borrowing, conversion or continuation, the Administrative Agent shall notify the Borrower whether or not the requested Interest Period has been consented to by all the Lenders. Each Revolving Borrowing of, conversion to or continuation of RFR Loans or EURIBOR Rate Loans shall be a Dollar Equivalent of approximately $1,000,000 or a whole multiple of approximately $500,000 in excess thereof. Except as provided in Section 2.05, each Revolving Borrowing of or conversion to ABR Loans shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Borrowing Request (shall specify (i) whether the Borrower is requesting a Revolving Borrowing of Revolving Loans, a conversion of Revolving Loans from one Type to the other, or a continuation of RFR Loans or EURIBOR Rate Loans, (ii) the requested date of the proposed Borrowing Revolving Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (biii) in the case principal amount of an Eurocurrency Borrowing Loans to be funded borrowed, converted or continued, (iv) the currency in which the Loans to be borrowed are to be denominated, (v) the Type of Loans to be borrowed or to which existing Revolving Loans are to be converted and (vi) if applicable, the duration of the Interest Period with respect thereto. If the Borrower fails to specify a Type of Loan in a Borrowing Request or fails to give a timely notice requesting a conversion or continuation, then the applicable Revolving Loans shall be made as, or converted to, ABR Loans (unless the Loan being made or continued is denominated in an Available Foreign Alternative Currency, not later than 12:00 noon, London time four Business Days before the date in which case it shall be made or continued as a EURIBOR Rate Loan with an Interest Period of one month). Any such automatic conversion to ABR Loans shall be effective as of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date last day of the proposed Borrowing; provided that Interest Period then in effect with respect to the applicable RFR Loans or EURIBOR Rate Loans. If the Borrower requests a Revolving Borrowing of, conversion to, or continuation of RFR Loans or EURIBOR Rate Loans in any such Borrowing Request, but fails to specify an Interest Period (or fails to give a timely notice requesting a continuation of RFR Loans or EURIBOR Rate Loans denominated in an ABR Alternative Currency), it will be deemed to have specified an Interest Period of one month. If no currency is specified in a Borrowing Request, the requested Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable. Each such telephonic and written Borrowing Request shall specify the following information:Dollars.

Appears in 1 contract

Samples: Credit Agreement (Tradeweb Markets Inc.)

Requests for Revolving Borrowings. (a) To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (aa “Borrowing Notice”) (A) in the case of a Eurocurrency Borrowing, 10:00 not later than 11:00 a.m., Dallas New York City time (or if the request is delivered in London, 11:00 a.m., London time), three Business Days before the date of the proposed Revolving Borrowing (or if the request is delivered in London, (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing Revolving Borrowing) or (cB) in the case of an ABR a Adjusted Base Rate Revolving Borrowing, noonnot later than 11:00 a.m., Dallas New York City time, on one (1) Business Day before the date of the proposed Revolving Borrowing; provided that (x) any such notice of an ABR a Adjusted Base Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) 3.5 may be given not later than 9:00 a.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in Revolving Borrowing and (y) any such notice of a Borrowing of Swingline Loans may be given not later than 11:00 a.m., New York City time, on the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent date of such request by facsimileproposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request Notice in the a form of Exhibit G hereto or such other form reasonably approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableAgent. Each such telephonic and written Borrowing Request Notice shall specify the following information:information in compliance with Section 2.7; (i) the Borrower requesting such Revolving Borrowing; (ii) the Class and Type of the requested Revolving Borrowing; (iii) the aggregate amount of such Revolving Borrowing; (iv) the date of such Revolving Borrowing, which shall be a Business Day; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.7; and (vii) the currency of such Revolving Borrowing (which shall be in Dollars in the case of Domestic Revolving Loans and Swingline Loans, and Competitive Bid Loans, and otherwise shall be in a Qualified Global Currency). If no election as to the currency of a Global Revolving Borrowing is specified in any such notice, then the requested Revolving Borrowing shall be denominated in Dollars. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be a Adjusted Base Rate Borrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in a Qualified Foreign Global Currency. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Notice in accordance with this Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Revolving Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 1:00 p.m. (New York City time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available in New York City to the Administrative Agent. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower. Not later than 1:00 p.m. (London time) on each Borrowing Date for Loans in Qualified Foreign Global Currency, each Lender shall make available its Loan or Loans, in funds immediately available to the Administrative Agent. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower.

Appears in 1 contract

Samples: Unsecured Revolving Credit And (First Industrial Realty Trust Inc)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 not later than 11:00 a.m., Dallas New York City time, three Business Days before the date of the proposed Borrowing , or (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noonnot later than 11:00 a.m., Dallas New York City time, on 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(e2.05(e) may be given not later than 9:00 10:00 a.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the aggregate amount of the requested Borrowing ; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and (v) the location and number of the Borrower's account to which funds are to be disbursed, which shall comply wi th the requirements of Section 2.06. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (CSX Corp)

Requests for Revolving Borrowings. To In order to request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 not later than 11:00 a.m., Dallas New York City time, three Business Days before the date of the proposed Borrowing , or (b) in the case of an Eurocurrency ABR Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Borrowing; provided that any such notice of including an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given 2.05(e)), not later than 9:00 10:00 a.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: the aggregate amount of the requested Borrowing; the date of such Borrowing, which shall be a Business Day; whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Facility Agreement (Belo Corp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimiletelephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or such later date agreed to by the Administrative Agent in the case of any Eurodollar Borrowing to be made on the Effective Date) or (b) in the case of an ABR Borrowing, not later than 3:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to **** or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Notwithstanding anything to the contrary herein, any Revolving Loans made on the Effective Date shall initially be Eurodollar Loans with (x) a Eurodollar Rate equal to the outstanding “Eurodollar Rate” applicable to the Existing Revolving Loans under the Existing Credit Agreement as of the Effective Date and (y) an Interest Period equal to the interest period that remains on the Existing Revolving Loans under the Existing Credit Agreement as of the Effective Date. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon3:00 p.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR a Federal Funds Rate Borrowing, noonnot later than 4:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to ) or facsimile to the Administrative Agent of a written Borrowing Request in the form of attached hereto as Exhibit G hereto D or such other in another form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Any Revolving Loans made on the Effective Date shall initially be Federal Funds Rate Loans. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be a Federal Funds Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. (a) To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (aa “Borrowing Notice”) (A) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas timenot later than 11:00 a.m. (Central Time), three (3) Business Days before the date of the proposed Borrowing Revolving Borrowing, or (bB) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign CurrencyAdjusted Base Rate Revolving Borrowing, not later than 12:00 noon11:00 a.m. (Central Time), London time four one (1) Business Days Day before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Revolving Borrowing; provided that (x) any such notice of an ABR Adjusted Base Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) 3.5 may be given not later than 9:00 a.m., Dallas time11:00 a.m. (Central Time), on the date of the proposed Borrowing; provided that in Revolving Borrowing and (y) any such notice of a Borrowing of Swingline Loans may be given not later than 11:00 a.m. (Central Time), on the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent date of such request by facsimileproposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request Notice in substantially the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that J in the case of Revolving Borrowings any Borrowing (other than a Swingline Loan) or Exhibit K in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent case of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableSwingline Loan. Each such telephonic and written Borrowing Request Notice shall specify the following information:information in compliance with Section 2.7: (i) the Borrower requesting such Revolving Borrowing; (ii) the Class and Type of the requested Revolving Borrowing; (iii) the aggregate amount of such Revolving Borrowing; (iv) the date of such Revolving Borrowing, which shall be a Business Day; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.7. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an Adjusted Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Notice in accordance with this Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Revolving Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (First Industrial Lp)

Requests for Revolving Borrowings. (a) To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (aa “Borrowing Notice”) (A) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas timenot later than 11:00 a.m. (Central Time), three (3) Business Days before the date of the proposed Borrowing Revolving Borrowing, or (bB) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign CurrencyAdjusted Base Rate Revolving Borrowing, not later than 12:00 noon11:00 a.m. (Central Time), London time four one (1) Business Days Day before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Revolving Borrowing; provided that (x) any such notice of an ABR Adjusted Base Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) 3.5 may be given not later than 9:00 a.m., Dallas time11:00 a.m. (Central Time), on the date of the proposed Borrowing; provided that in Revolving Borrowing and (y) any such notice of a Borrowing of Swingline Loans may be given not later than 11:00 a.m. (Central Time), on the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent date of such request by facsimileproposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and and, if requested by the Administrative Agent, shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request Notice in substantially the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that J in the case of Revolving Borrowings any Borrowing (other than a Swingline Loan) or Exhibit K in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent case of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableSwingline Loan. Each such telephonic and written Borrowing Request Notice shall specify the following information:information in compliance with Section 2.7: (i) the Borrower requesting such Revolving Borrowing; (ii) the Class and Type of the requested Revolving Borrowing; (iii) the aggregate amount of such Revolving Borrowing; (iv) the date of such Revolving Borrowing, which shall be a Business Day; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.7. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an Adjusted Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Notice in accordance with this Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Revolving Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Industrial Lp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimiletelephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or such later date agreed to by the Administrative Agent in the case of any Eurodollar Borrowing to be made on the Effective Date) or (b) in the case of an ABR Borrowing, not later than 3:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to or facsimile to the Administrative Agent of a written Borrowing Request in the form of attached hereto as Exhibit G hereto D or such other in another form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Notwithstanding anything to the contrary herein, any Revolving Loans made on the Effective Date shall initially be Eurodollar Loans with (x) a Eurodollar Rate equal to the outstanding “Eurodollar Rate” applicable to the Existing Revolving Loans under the Existing Credit Agreement as of the Effective Date and (y) an Interest Period equal to the interest period that remains on the Existing Revolving Loans under the Existing Credit Agreement as of the Effective Date. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in submitting a form approved by the Administrative Agent and signed by the Company or by telephone Borrowing Request not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m.12:00 noon, Dallas Chicago time, three Business Days before the date of the proposed Borrowing , (b3) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR Borrowing, 12:00 noon, Dallas Chicago time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 11:00 a.m., Dallas Chicago time, on the date of the such proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by a Financial Officer of the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the aggregate amount of the requested Revolving Borrowing and a breakdown of the separate wires comprising such Borrowing; (ii) the date of such Revolving Borrowing, which shall be a Business Day; (iii) whether such Revolving Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period.” If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. SECTION 2.04

Appears in 1 contract

Samples: Credit Agreement (Farmer Brothers Co)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimiletelephone (a) in the case of a Eurodollar Borrowing, not later than 3:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or such later date agreed to by the Administrative Agent in the case of any Eurodollar Borrowing to be made on the Effective Date) or (b) in the case of an ABR Borrowing, not later than 3:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to 00000000000@XXX.xxxxxxx.xxx or facsimile to the Administrative Agent of a written Borrowing Request in the form of attached hereto as Exhibit G hereto D or such other in another form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Notwithstanding anything to the contrary herein, any Revolving Loans made on the Effective Date shall initially be Eurodollar Loans with (x) a Eurodollar Rate equal to the outstanding “Eurodollar Rate” applicable to the Existing Revolving Loans under the Existing Credit Agreement as of the Effective Date and (y) an Interest Period equal to the interest period that remains on the Existing Revolving Loans under the Existing Credit Agreement as of the Effective Date. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in submitting a form approved by the Administrative Agent and signed by the Company or by telephone not later than Borrowing Request (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon1:00 p.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR Borrowing, noonnot later than 1:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m.1:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by a Responsible Officer of the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: the aggregate amount of the requested Borrowing; the date of such Borrowing, which shall be a Business Day; whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Revolving Loan to be made as part of the requested Borrowing. Intentionally Omitted.

Appears in 1 contract

Samples: Security Agreement (Ugi Corp /Pa/)

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Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 not later than 11:00 a.m., Dallas New York City time, three Business Days before the date of the proposed Borrowing Borrowing, (b) in the case of an a Eurocurrency Borrowing to be funded in an Available Foreign CurrencyBorrowing, not later than 12:00 noon11:00 a.m., London time four time, three Business Days before the date of the proposed Borrowing Borrowing, or (c) in the case of an ABR Borrowing, noonnot later than 11:00 a.m., Dallas New York City time, on the date Business 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 2.06(e) may must be given not later than 9:00 10:00 a.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: the aggregate amount of the requested Borrowing, which in the case of a Eurocurrency Borrowing shall be expressed in the applicable Alternative Currency; the date of such Borrowing, which shall be a Business Day; whether such Borrowing is to be an ABR Borrowing, a Eurodollar Borrowing or a Eurocurrency Borrowing (and, if so, whether Sterling or euro); in the case of a Eurodollar Borrowing or a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; and the location and number of such Borrower's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing or Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month's duration. Promptly following (i) receipt of a Borrowing Request in accordance with this Section or (ii) the time at which the Administrative Agent is deemed to have received a Borrowing Request in accordance with Section 2.10(a), as applicable, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Volt Information Sciences Inc)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing by delivery of a written Borrowing Request signed by the Borrower (delivered by hand or facsimiletelecopy) or by telephone (provided that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent in of a form approved by the Administrative Agent and signed by the Company or by telephone not later than Borrowing Request) (a) in the case of a Eurocurrency LIBOR Borrowing, 10:00 a.m.not later than 1:30 p.m., Dallas New York City time, three Business Days before the date of the proposed Borrowing , or (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon, London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noonnot later than 1:30 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: the aggregate amount of the requested Borrowing; the date of such Borrowing, which shall be a Business Day; whether such Borrowing is to be an ABR Borrowing or a LIBOR Borrowing; in the case of a LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and 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 the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested LIBOR Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Dean Foods Co)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower Company shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 not later than 11:00 a.m., Dallas New York City time, three Business Days before the date of the proposed Borrowing , or (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currencyany ABR Borrowing, not later than 12:00 noon11:00 a.m., London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas New York City time, on the date Business 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 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent at its office set forth in Section 9.01 of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableCompany. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: THE AGGREGATE AMOUNT OF THE REQUESTED BORROWING; THE DATE OF SUCH BORROWING, WHICH SHALL BE A BUSINESS DAY; WHETHER SUCH BORROWING IS TO BE AN ABR BORROWING OR A EURODOLLAR BORROWING; IN THE CASE OF A EURODOLLAR BORROWING, THE INITIAL INTEREST PERIOD TO BE APPLICABLE THERETO, WHICH SHALL BE A PERIOD CONTEMPLATED BY THE DEFINITION OF THE TERM "INTEREST PERIOD"; AND THE LOCATION AND NUMBER OF THE COMPANY'S ACCOUNT TO WHICH FUNDS ARE TO BE DISBURSED, WHICH SHALL COMPLY WITH THE REQUIREMENTS OF SECTION 2.05. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Company shall be deemed to have selected an Interest Period of one month's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Amerada Hess Corp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in submitting a form approved by the Administrative Agent and signed by the Company or by telephone not later than Borrowing Request (a) in the case of a Eurocurrency EurodollarTerm Benchmark Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon1:00 p.m., London time four New York City time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR Borrowing, noonnot later than 1:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m.1:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by a Responsible Officer of the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be an ABR Borrowing or a EurodollarTerm Benchmark Borrowing; (iv) in the case of a EurodollarTerm Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (v) the location and number of the Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested EurodollarTerm Benchmark Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Xxxxxx’s Revolving Loan to be made as part of the requested Borrowing. SECTION 2.04.

Appears in 1 contract

Samples: Credit Agreement (Ugi Corp /Pa/)

Requests for Revolving Borrowings. (a) To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (aa “Borrowing Notice”) (A) in the case of a Eurocurrency Borrowing, 10:00 a.m., Dallas timenot later than 11:00 a.m. (Central Time), three Business Days before the date of the proposed Borrowing Revolving Borrowing, or (bB) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign CurrencyAdjusted Base Rate Revolving Borrowing, not later than 12:00 noon11:00 a.m. (Central Time), London time four one (1) Business Days Day before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Revolving Borrowing; provided that (x) any such notice of an ABR Adjusted Base Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) 3.5 may be given not later than 9:00 a.m., Dallas time11:00 a.m. (Central Time), on the date of the proposed Borrowing; provided that in Revolving Borrowing and (y) any such notice of a Borrowing of Swingline Loans may be given not later than 11:00 a.m. (Central Time), on the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent date of such request by facsimileproposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request Notice in substantially the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that J in the case of Revolving Borrowings any Borrowing (other than a Swingline Loan) or Exhibit K in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent case of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableSwingline Loan. Each such telephonic and written Borrowing Request Notice shall specify the following information:information in compliance with Section 2.7: (i) the Borrower requesting such Revolving Borrowing; (ii) the Class and Type of the requested Revolving Borrowing; (iii) the aggregate amount of such Revolving Borrowing; (iv) the date of such Revolving Borrowing, which shall be a Business Day; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.7. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an Adjusted Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Notice in accordance with this Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Revolving Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement.

Appears in 1 contract

Samples: Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon11:00 a.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR Borrowing, noonnot later than 11:00 a.m., Dallas New York City time, on 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 9:00 10:00 a.m., Dallas New York City time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: the aggregate amount of the requested Borrowing; the date of such Borrowing, which shall be a Business Day; whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and 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 the requested Revolving Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cole Kenneth Productions Inc)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, 10:00 a.m., Dallas time, three Business Days before the date of the proposed Borrowing , (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currency, not later than 12:00 noon3:00 p.m., London time four New York City time, three (3) Business Days before the date of the proposed Borrowing or (cb) in the case of an ABR a Federal Funds Rate Borrowing, noonnot later than 4:00 p.m., Dallas New York City time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or electronic communication in PDF format to ****) or facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableBorrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the amount and Type of Revolving Loans to be borrowed, (ii) the date of such Borrowing, which shall be a Business Day, (iii) in the case of Eurodollar Loans, the respective amounts of each such Type of Loan and the respective lengths of the initial Interest Period therefor and (iv) 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. Any Revolving Loans made on the Effective Date shall initially be Federal Funds Rate Loans. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be a Federal Funds Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Td Ameritrade Holding Corp)

Requests for Revolving Borrowings. (a) To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (aa “Borrowing Notice”) (A) in the case of a Eurocurrency EurocurrencyTerm SOFR Borrowing, 10:00 a.m., Dallas timenot later than 11:00 a.m. (Central Time), three (3) Business Days before the date of the proposed Borrowing Revolving Borrowing, or (bB) in the case of an Eurocurrency Adjusteda Base Rate Revolving Borrowing to be funded in an Available Foreign Currencyor Adjusted Daily Simple SOFR Revolving Borrowing, not later than 12:00 noon11:00 a.m. (Central Time), London time four one (1) Business Days Day before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Revolving Borrowing; provided that (x) any such notice of an ABR Adjusteda Base Rate Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) 3.5 may be given not later than 9:00 a.m., Dallas time11:00 a.m. (Central Time), on the date of the proposed Borrowing; provided that in Revolving Borrowing and (y) any such notice of a Borrowing of Swingline Loans may be given not later than 11:00 a.m. (Central Time), on the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent date of such request by facsimileproposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and and, if requested by the Administrative Agent, shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request Notice in substantially the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that J in the case of Revolving Borrowings any Borrowing (other than a Swingline Loan) or Exhibit K in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent case of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableSwingline Loan. Each such telephonic and written Borrowing Request Notice shall specify the following information:information in compliance with Section 2.7: (i) the Borrower requesting such Revolving Borrowing; (ii) the Class and Type of the requested Revolving Borrowing; (iii) the aggregate amount of such Revolving Borrowing; (iv) the date of such Revolving Borrowing, which shall be a Business Day; (v) in the case of a EurocurrencyTerm SOFR Borrowing, the initial Interest Period to be applicable thereto; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.7. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an Adjusteda Base Rate Borrowing. If no Interest Period is specified with respect to any requested EurocurrencyTerm SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Notice in accordance with this Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Xxxx to be made as part of the requested Revolving Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Industrial Lp)

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 10:00 a.m., Dallas Houston time, three Business Days before the date of the proposed Borrowing , or (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign Currencya CBFR Borrowing, not later than 12:00 noon11:00 a.m., London time four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas Houston time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving a CBFR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 10:00 a.m., Dallas timeHouston, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableRequest. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the aggregate amount of the requested Borrowing; (ii) the date of such Borrowing, which shall be a Business Day; (iii) whether such Borrowing is to be a CBFR Borrowing or a Eurodollar Borrowing; (iv) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (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 the requested Revolving Borrowing shall be a CBFR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Section 2.04

Appears in 1 contract

Samples: Revolving Credit Agreement

Requests for Revolving Borrowings. To request a Revolving Borrowing, the applicable Borrower shall notify the Administrative Applicable Agent of such request either in writing (delivered by hand or facsimile) to the Administrative Agent in a form approved by the Administrative Agent and signed by the Company or by telephone not later than (a) in the case of a Eurocurrency Borrowing, 10:00 a.m.not later than 2:00 p.m., Dallas timeLocal Time, three Business Days before the date of the proposed Borrowing , or (b) in the case of an Eurocurrency Borrowing to be funded in an Available Foreign CurrencyABR Borrowing, not later than 12:00 noon10:00 a.m., London time Local Time, on the date of the proposed Borrowing. Notwithstanding the foregoing, in the case of a Loan denominated in a Foreign Currency, the applicable Borrower shall notify the Applicable Agent of such request by telephone not later than 2:00 p.m., Local Time, four Business Days before the date of the proposed Borrowing or (c) in the case of an ABR Borrowing, noon, Dallas time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may be given not later than 9:00 a.m., Dallas time, on the date of the proposed Borrowing; provided that in the case of Revolving Borrowings denominated in any Available Foreign Currency, Borrower shall notify the Administrative Agent of such request by facsimile. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or facsimile telecopy to the Administrative Applicable Agent of a written Borrowing Request in the form of Exhibit G hereto or such other a form approved by the Administrative Applicable Agent and signed by the Company and the Designated Borrower thereof if applicable; provided that in the case of Revolving Borrowings in any Available Foreign Currency, each Borrowing Request shall be irrevocable and shall be confirmed promptly only by facsimile to the Administrative Agent of a written Borrowing Request in the form of Exhibit G hereto or such other form approved by the Administrative Agent and signed by the Company and the Designated Borrower thereof if applicableapplicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information:information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) in the case of a Revolving Borrowing in a Foreign Currency requested by a Subsidiary Borrower, the Foreign Currency in which such Borrowing is to be denominated; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or the applicable Foreign Currency); (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; -36-

Appears in 1 contract

Samples: Credit Agreement (Miller Herman Inc)

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