Common use of Settlement Date Procedures Clause in Contracts

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]. The Agent may at any time at its option for any reason whatsoever require each Lender to pay immediately to the Agent such Lender's Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 4 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

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Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, 1:00 p.m. on each Settlement Date, the Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower to the Administrative Agent with respect to the Revolving Credit Loans. The Administrative Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and on dates of repayment pursuant to Section 4.7 [Mandatory Prepayments] and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.13 shall relieve the Lenders Lender of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.1.2. The Agent may at any time at its option for any reason whatsoever require each Lender to pay immediately to the Agent such Lender's ’s Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 3 contracts

Samples: Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.), Intercompany Subordination Agreement (Under Armour, Inc.)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] 2.6.2 hereof during the period between Settlement Dates. Not later than 11:00 a.m.12:00 noon, Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and on mandatory prepayment dates hereunder and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.7 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.8. The Agent may at any time at its option for any reason whatsoever require each Lender to pay immediately to the Agent such Lender's ’s Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 3 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Penn Virginia Resource Partners L P)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower Borrowers may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] 2.4.2 hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each any Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required ShareREQUIRED SHARE")) as of such date. Prior to 2:00 1:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower Borrowers to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.11 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Date. The Agent may may, at any time at its option option, for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans and and, each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower Borrowers to the Agent with respect to the Revolving Credit Loans.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]. The Agent may at any time at its option for any reason whatsoever require each Lender to pay immediately to the Agent such Lender's ’s Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]2.2. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Administrative Agent, the Borrower Borrowers may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] 2.4.2 hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each any Settlement Date, the Administrative Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required ShareREQUIRED SHARE")) as of such date. Prior to 2:00 1:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Administrative Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Administrative Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower Borrowers to the Administrative Agent with respect to the Revolving Credit Loans. The Administrative Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.11 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Date. The Administrative Agent may may, at any time at its option option, for any reason whatsoever require each Lender to pay immediately to the Administrative Agent such Lender's Ratable Share of the outstanding Revolving Credit Loans and and, each Lender may at any time require the Administrative Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower Borrowers to the Administrative Agent with respect to the Revolving Credit Loans.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans Loans, and PNC Bank may make Swing Loans Loans, as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 10:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each each, a "Required Share"). Prior to 2:00 3:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and on Mandatory Prepayment Dates and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.7 shall relieve the Lenders Banks of their obligations obligation to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 Section 2.8 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect Borrowings to Revolving Credit Repay Swing Loans]. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans Loans, and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Champion Enterprises Inc)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower Borrowers may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, 1:00 p.m. on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 4:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.9 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.5.3. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such Lender's Bank’s Ratable Share of the outstanding Revolving Credit Loans and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower Borrowers to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Independent Gasoline & Oil Co of Rochester)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Administrative Agent, the Borrower Borrowers may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] 2.4.2 hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each any Settlement Date, the Administrative Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share")”) as of such date. Prior to 2:00 1:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Administrative Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Administrative Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower Borrowers to the Administrative Agent with respect to the Revolving Credit Loans. The Administrative Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.12 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Date. The Administrative Agent may may, at any time at its option option, for any reason whatsoever require each Lender to pay immediately to the Administrative Agent such Lender's ’s Ratable Share of the outstanding Revolving Credit Loans and and, each Lender may at any time require the Administrative Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower Borrowers to the Administrative Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, 12:00 p.m. on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 3:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and on the date any mandatory prepayment is due under this Agreement and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.7 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Date. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such Lender's Bank’s Ratable Share of the outstanding Revolving Credit Loans and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Westmoreland Coal Co)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof 2.1(b) during the period between Settlement Dates. Not later than 11:00 a.m., 12:00 p.m. Pittsburgh time, time on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of Loans (including both the Swing Loans made by the Agent and the Revolving Credit Loans and made by the Swing Loans (each a "Required Share"Banks). Prior to 2:00 p.m., 3:00 p.m. Pittsburgh time, time on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference positive difference, if any, between its Required Ratable Share of the Revolving Credit Loans and Swing Loans and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and on Mandatory Prepayment Dates and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.6 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.8. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require Swing Loan (provided the Agent to pay immediately to principal -------- amount of such Lender Bank's Revolving Credit Loans shall not exceed its Revolving Credit Commitment minus its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Letter of Credit Loans.Outstanding). -----

Appears in 1 contract

Samples: Credit Agreement (Federated Investors Inc /Pa/)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 10:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.6 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.1.1. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Respironics Inc)

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Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of LendersBanks' Obligations with Respect to Revolving Credit Loans]. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Revolving Credit Banks and the Administrative Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] 2.4 hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each Settlement Date, the Administrative Agent shall notify each Lender Revolving Credit Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Revolving Credit Bank shall pay to the Administrative Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Administrative Agent shall pay to each Lender Revolving Credit Bank its Ratable Share of all payments made by the Borrower to the Administrative Agent with respect to the Revolving Credit Loans. The Administrative Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 4.7 shall relieve the Lenders Revolving Credit Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.1.2. The Administrative Agent may at any time at its option for any reason whatsoever require each Lender Revolving Credit Bank to pay immediately to the Agent such Lender's Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.the

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof 2.1(b) during the period between Settlement Dates. Not later than 11:00 a.m., 12:00 p.m. Pittsburgh time, time on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of Loans (including both the Swing Loans made by the Agent and the Revolving Credit Loans and made by the Swing Loans (each a "Required Share"Banks). Prior to 2:00 p.m., 3:00 p.m. Pittsburgh time, time on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference positive difference, if any, between its Required Ratable Share of the Revolving Credit Loans and Swing Loans and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.6 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.8. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such LenderBank's Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require Swing Loan; PROVIDED the Agent to pay immediately to principal amount of such Lender Bank's Revolving Credit Loans shall not exceed its Revolving Credit Commitment MINUS its Ratable Share of all payments made by the Borrower Letter of Credit Outstanding; PROVIDED, FURTHER, nothing in this Section 5.6 shall require the Banks to the Agent with respect to the fund any Revolving Credit LoansLoan bearing interest at the Euro-Rate on a date other than in accordance with Section 2.7(a).

Appears in 1 contract

Samples: Credit Agreement (Federated Investors Inc /Pa/)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] 2.1.3 hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender Bank of its Revolving Credit Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.10.1 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]2.2. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such Lender's Bank’s Revolving Credit Ratable Share of the outstanding Revolving Credit Loans and each Lender Bank may at any time require the Agent to pay immediately to such Lender Bank its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders and the Administrative Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Citizens Bank may make Swing Loans as provided in Section 2.1.2 2.1(b) [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., Pittsburgh time, New York time on each Settlement Date, the Administrative Agent shall notify each Lender of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). Prior to 2:00 p.m., Pittsburgh time, on such Settlement Date, each Lender shall pay to the Administrative Agent the amount equal to the difference between its Required Share and its Revolving Credit Loans, and the Administrative Agent shall pay to each Lender its Ratable Share of all payments made by the Borrower to the Administrative Agent with respect to the Revolving Credit Loans. The Administrative Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.11 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 Section 2.1(b) [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit LoansSwing Loan Commitment]. The Administrative Agent may at any time at its option for any reason whatsoever require each Lender to pay immediately to the Administrative Agent such Lender's ’s Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Administrative Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower borrower to the Administrative Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Superior Well Services, INC)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dates. Not later than 11:00 a.m., 1:00 p.m. Pittsburgh time, time on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of Loans (including both the Swing Loans made by the Agent and the Revolving Credit Loans and made by the Swing Loans (each a "Required Share"Banks). Prior to 2:00 p.m., 3:00 p.m. Pittsburgh time, time on such Settlement Date, each Lender Bank shall pay to the Agent the amount equal to the difference positive difference, if any, between its Required Ratable Share of the Revolving Credit Loans and Swing Loans and its Revolving Credit Loans, and the Agent shall pay to each Lender Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business DayLoans. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 5.5 shall relieve the Lenders Banks of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]Section 2.6.3. The Agent may at any time at its option for any reason whatsoever require each Lender Bank to pay immediately to the Agent such Lender's Bank’s Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require Swing Loan; provided the Agent to pay immediately to principal amount of such Lender Bank’s Revolving Credit Loans shall not exceed its Revolving Credit Commitment minus its Ratable Share of all payments made by the Borrower Letter of Credit Outstanding; provided, further, nothing in this Section 5.5 shall require the Banks to the Agent with respect to the fund any Revolving Credit LoansLoan bearing interest at the Euro-Rate on a date other than in accordance with Section 2.6.1.

Appears in 1 contract

Samples: Credit Agreement (Federated Investors Inc /Pa/)

Settlement Date Procedures. In order to minimize the transfer of funds between the Lenders Banks and the Agent, the Borrower may borrow, repay and reborrow Swing Loans and PNC Bank may make Swing Loans as provided in Section 2.1.2 [Swing Loan Commitment] hereof during the period between Settlement Dateshereof. Not later than 11:00 a.m.10:00 am, Pittsburgh time, on each Settlement Date, the Agent shall notify each Lender Bank of its Ratable Share of the total of the Revolving Credit Loans and the Swing Loans (each a "Required Share"). The Agent shall also effect settlement of the Swing Loans in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and on any mandatory prepayment dates and may at its option effect settlement on any other Business Day (each a" Settlement Date"). On each Settlement Date, (i) the Borrower may in its discretion repay all outstanding Swing Loans, or (ii) if the Borrower does not repay all outstanding Swing Loans the Agent shall notify each Bank of its Ratable Share of the Swing Loans (each a "Required Share"). On such Settlement Date, the Borrower shall be deemed to borrow from the Banks Revolving Credit Loans under the Base Rate Option equal to the outstanding Swing Loans and simultaneously making payment of the proceeds thereof in repayment of the Swing Loans. Prior to 2:00 p.m.12:00 Noon, Pittsburgh time, time on such Settlement Date, each Lender Bank shall fund its Required Share of the Revolving Credit Loans referred to in the preceding sentence by making payment thereof to the Agent. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.6 shall relieve the Banks of their obligations to fund other Revolving Credit Loans on dates other than a Settlement Date pursuant to Section 2.1.2. The Agent may at any time at its option for any reason whatsoever require each Bank to pay immediately to the Agent such Bank's Ratable Share of the amount equal to the difference between its Required Share and its outstanding Revolving Credit Loans, Loans and each Bank may at any time require the Agent shall to pay immediately to each Lender such Bank its Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans. The Agent shall also effect settlement in accordance with the foregoing sentence on the proposed Borrowing Dates for Revolving Credit Loans and may at its option effect settlement on any other Business Day. These settlement procedures are established solely as a matter of administrative convenience, and nothing contained in this Section 5.10 shall relieve the Lenders of their obligations to fund Revolving Credit Loans on dates other than a Settlement Date pursuant to Sections 2.1.1 [Revolving Credit Loans] and 2.2 [Nature of Lenders' Obligations with Respect to Revolving Credit Loans]. The Agent may at any time at its option for any reason whatsoever require each Lender to pay immediately to the Agent such Lender's Ratable Share of the outstanding Revolving Credit Loans and each Lender may at any time require the Agent to pay immediately to such Lender its Revolving Credit Ratable Share of all payments made by the Borrower to the Agent with respect to the Revolving Credit Loans.

Appears in 1 contract

Samples: Credit Agreement (Lone Star Technologies Inc)

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