Syndicated Borrowings. Each Lender severally agrees, on the terms and conditions set forth in this Agreement, to make loans to the Borrower pursuant to this Section from time to time during the Availability Period; PROVIDED that, immediately after each such loan is made, such Lender's Outstanding Committed Amount shall not exceed its Commitment. Each borrowing under this Section shall be a Syndicated Borrowing made from the several Lenders ratably in proportion to their respective Commitments. Each such Syndicated Borrowing shall be in an aggregate amount of $10,000,000 or any larger multiple of $1,000,000; PROVIDED that (i) any such Syndicated Borrowing may be in the aggregate amount of the unused Commitments and (ii) if such Syndicated Borrowing is made on the Swingline Maturity Date, such Syndicated Borrowing may be in the aggregate amount of the Swingline Loans outstanding on such date. Within the foregoing limits, the Borrower may borrow under this Section, repay, or to the extent permitted by Section 2.07, prepay Syndicated Loans and reborrow at any time during the Availability Period under this Section.
Syndicated Borrowings. Each Lender severally agrees, on the terms and conditions set forth in this Agreement, to make loans to the Borrower pursuant to this Section from time to time during the Availability Period; provided that, immediately after each such loan is made, such Lender's Outstanding Committed Amount shall not exceed its Commitment. Each borrowing under this Section shall be a Syndicated Borrowing made from the several Lenders ratably in proportion to their respective Commitments. Each such Syndicated Borrowing shall be in an aggregate amount of $10,000,000 or any larger multiple of $1,000,000; provided that any such Syndicated Borrowing may be in the aggregate amount of the unused Commitments. Within the foregoing limits, the Borrower may borrow under this Section, repay, or to the extent permitted by Section 2.07, prepay Syndicated Loans and reborrow at any time during the Availability Period under this Section.
Syndicated Borrowings. (a) The Company shall --------------------- give notice (a "Notice of Syndicated Borrowing") to the Administrative Agent ------------------------------ not later than (1) 1:00 P.M. (New York City time) on the proposed date of each Base Rate Borrowing, (2) 12:00 Noon (New York City time) on the Domestic Business Day before each CD Borrowing and (3) 12:00 Noon (New York City time) on the third Euro-Dollar Business Day before each Euro-Dollar Borrowing; provided, however, that, if the Company shall not -------- ------- have given to the Administrative Agent a Notice of Syndicated Borrowing for a Refunding Borrowing in respect of a Syndicated Loan or Syndicated Loans, or part thereof, by the close of business on the third Domestic Business Day prior to the Maturity Date thereof, then such Syndicated Loan or Syndicated Loans or part thereof shall come due on such Maturity Date. Each Notice of Syndicated Borrowing shall specify:
(i) the date of such Borrowing, which shall be a Domestic Business Day in the case of a Domestic Borrowing or a Euro-Dollar Business Day in the case of a Euro-Dollar Borrowing,
(ii) the aggregate amount of such Borrowing, which shall be an aggregate principal amount of $10,000,000 or any larger multiple of $1,000,000 (except that any such Borrowing may be in the aggregate amount of the unused Total Commitment),
(iii) whether the Loans comprising such Borrowing are to be CD Loans, Base Rate Loans or Euro-Dollar Loans,
(iv) the duration of the initial Interest Period applicable to such Borrowing, subject to the provisions of the definition of Interest Period, and
(v) if the Borrower of such Borrowing is not the Company, the name of the Eligible Subsidiary that will be the Borrower of such Borrowing. A Notice of Syndicated Borrowing shall not be required in connection with a Base Rate Borrowing pursuant to Section 8.01. A Notice of Syndicated Borrowing, once given, shall not be revocable by the Company or the applicable Borrower.
(b) Upon receipt of a Notice of Syndicated Borrowing given to it, the Administrative Agent shall promptly notify each Bank of the contents thereof and of such Bank's ratable share of such Borrowing.
(c) Each Syndicated Borrowing shall be made from the several Banks ratably in proportion to their respective Commitments.
(d) Not later than 2:00 P.M. (New York City time) on the date of such Borrowing, in the case of a Base Rate Borrowing, or 12:00 Noon (New York City time) on the date of such Borrowing, in the case of...
Syndicated Borrowings. In the case of --------------------- each Syndicated Borrowing hereunder:
(i) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.03;
(ii) the fact that, immediately prior to such Borrowing, no Default (or, in the case of a Refunding Borrowing, no Default which has resulted in the Loans being declared due and payable) shall have occurred and be continuing;
(iii) the fact that, immediately after such Borrowing and after giving effect to the amount of such Borrowing and the use of the proceeds thereof, no Default resulting from such Borrowing or such use of proceeds would occur and the sum of the aggregate outstanding principal amount of the Loans plus the total LC ---- Exposure will not exceed the Total Commitment; and
(iv) the fact that the representations and warranties contained in this Agreement (except the representations and warranties contained in Sections 4.01(d)(iii), 4.01(e), 4.01(f), 4.01(g) and 4.01(l)) shall be true on and as of the date of such Borrowing with the same force and effect as if made on and as of such date, except to the extent that any such representation or warranty in Section 4.01(d)(i) or (ii) or Section 4.01(k) is made in respect of a specified date or a specified period of time in which case such representation or warranty shall continue to be true in respect of the specified date or the specified period of time.
Syndicated Borrowings. Each Bank agrees, for itself only, subject to the terms and conditions set forth in this Agreement, to make Syndicated Loans to the Company from time to time from the Closing Date to but excluding the Termination Date; provided that the aggregate outstanding principal amount of such Bank's Syndicated Loans shall not at any time exceed the excess of (a) the amount of its Commitment, over (b) the sum of (i) its Commitment Percentage of the Letter of Credit Obligations Amount plus (ii) its Commitment Percentage of the Dollar Equivalent of the aggregate outstanding principal amount of all Bid-Option Loans made by the Banks. Each Fixed Base Rate Syndicated Borrowing shall be in an aggregate principal amount of $10,000,000 or any larger multiple of $5,000,000 and each Floating Rate Borrowing shall be in an aggregate principal amount of $5,000,000 or any larger multiple of $5,000,000; provided that any such Borrowing may be in the aggregate amount of the unused Commitments. Each Syndicated Borrowing shall be made by the several Banks ratably in accordance with their respective Commitment Percentages. Within the foregoing limits, the Company may borrow Loans from each Bank under this Section 3.1, repay such Loans, prepay such Loans to the extent permitted or required by this Agreement and reborrow under this Section 3.1. Default by any Bank with respect to its obligations hereunder shall not excuse any non-performance by any other Bank, provided that no Bank shall be liable for the non-performance by any other Bank of its obligations hereunder.
Syndicated Borrowings. 14 --------------------- Section 2.04. Money Market Borrowings..................................................................16 ----------------------- Section 2.05.
Syndicated Borrowings. 22 SECTION 2.02. NOTICE OF SYNDICATED BORROWING. . . . . . . . . . . . . . . . .22 SECTION 2.03. MONEY MARKET BORROWINGS . . . . . . . . . . . . . . . . . . . .23 SECTION 2.04. NOTICE TO LENDERS; FUNDING OF LOANS . . . . . . . . . . . . . .27 SECTION 2.05. NOTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 SECTION 2.06. MATURITY OF LOANS . . . . . . . . . . . . . . . . . . . . . . .29 SECTION 2.07.
Syndicated Borrowings. The applicable Borrower shall give the Administrative Agent notice of each Syndicated Borrowing substantially in the form of Exhibit A–1 hereto (a “Notice of Syndicated Borrowing”) (i) not later than 11:30 a.m., Local Time on the date of each Syndicated Base Rate Borrowing, (ii) not later than 11:00 a.m., Local Time on the third Business Day before each Syndicated Eurodollar Borrowing and (iii) not later than 11:00 a.m., Local Time on the fourth Business Day before each Syndicated Eurocurrency Borrowing in an Alternative Currency. Each such notice shall be irrevocable and shall specify:
(i) the name of the applicable Borrower;
(ii) the date of such Borrowing, which shall be a Business Day for the relevant currency;
(iii) the currency, the aggregate amount (in the applicable currency) and the Dollar Amount, if applicable, of such Borrowing;
(iv) whether the Loans comprising such Borrowing are to bear interest initially at the Base Rate or the Eurocurrency Rate (it being understood that Alternative Currency Loans shall be made as Eurocurrency Loans only); and
(v) in the case of a Eurocurrency Borrowing, the duration of the initial Interest Period applicable thereto, subject to the provisions of the definition of Interest Period and to Section 2.07(a).
Syndicated Borrowings. 21 SECTION 2.02. NOTICE OF SYNDICATED BORROWING...................................................22 SECTION 2.03. MONEY MARKET BORROWINGS..........................................................22 SECTION 2.04. NOTICE TO LENDERS; FUNDING OF LOANS..............................................27 SECTION 2.05. NOTES............................................................................28 SECTION 2.06. MATURITY OF LOANS................................................................28 SECTION 2.07.
Syndicated Borrowings. SECTION 2.02. Notice of Syndicated Borrowing
