Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and effect selections of Types of Syndicated Advances based on telephonic notices made by any person or persons the Administrative Agent in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of the relevant telephonic notice shall govern absent manifest error.
Appears in 5 contracts
Samples: Revolving Credit Agreement (TJX Companies Inc /De/), Revolving Credit Agreement (TJX Companies Inc /De/), 5 Year Revolving Credit Agreement (TJX Companies Inc /De/)
Telephonic Notices. The Borrower Company hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and Advances, effect selections of Types of Syndicated Advances and to transfer funds based on telephonic notices made by any person Person or persons Persons the Administrative Agent or any Lender reasonably and in good faith believes to be acting on behalf of the Borroweran Authorized Officer. The Borrower Company agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error.
Appears in 5 contracts
Samples: Credit Agreement (DIEBOLD NIXDORF, Inc), Senior Secured Superpriority Debtor in Possession Term Loan Credit Agreement (DIEBOLD NIXDORF, Inc), Senior Secured Superpriority Debtor in Possession Term Loan Credit Agreement (DIEBOLD NIXDORF, Inc)
Telephonic Notices. The Borrower Company hereby authorizes the Lenders Banks and the Administrative Agent to extend, convert or continue Syndicated Advances extend Loans and effect selections of Types of Syndicated Advances rate selection choices based on telephonic notices Borrowing and Rate Selection Notices made by any person Person or persons Persons to the Administrative Agent and which the Administrative Agent in good faith believes to be acting on behalf of the BorrowerCompany. The Borrower Company agrees to deliver promptly confirm to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent any telephonic Borrowing Notice or any Lender, of each telephonic notice Rate Selection Notice in writing signed by an Authorized OfficerOfficer substantially in the form of Exhibit B hereto. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the LendersAgent, the records of the Administrative Agent of the relevant telephonic notice shall govern absent manifest error.
Appears in 4 contracts
Samples: Bridge Loan Agreement (Conagra Foods Inc /De/), Term Loan Agreement (Conagra Foods Inc /De/), Revolving Credit Agreement (Conagra Foods Inc /De/)
Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and Advances, effect selections of Types of Syndicated Advances and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender reasonably and in good faith believes to be acting on behalf of the Borroweran Authorized Officer. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error.
Appears in 3 contracts
Samples: 364 Day Credit Agreement (Arvinmeritor Inc), 364 Day Credit Agreement (Arvinmeritor Inc), Revolving Credit Agreement (Arvinmeritor Inc)
Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to may extend, convert convert, or continue Syndicated Advances and Advances, effect selections of Types types of Syndicated Advances Advances, and transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender in good faith believes authorized to be acting act on behalf of the BorrowerBorrowers. The Borrower agrees to Borrowing Notices and Conversion/Continuation Notices may be given telephonically. Unit will deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested executed by the Administrative Agent or any Lender, an Authorized Officer of each telephonic notice signed by an Authorized Officernotice. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the any Lenders, the records of the Administrative Agent of and the relevant telephonic notice shall Lenders will govern absent manifest error.
Appears in 3 contracts
Samples: Senior Credit Agreement (Unit Corp), Senior Credit Agreement (Unit Corp), Senior Credit Agreement (Unit Corp)
Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and effect selections of Types of Syndicated Advances based on telephonic notices made by any person or persons the Administrative Agent in good faith believes to be acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of the relevant telephonic notice shall govern absent manifest error.
Appears in 2 contracts
Samples: Revolving Credit Agreement (TJX Companies Inc /De/), 364 Day Revolving Credit Agreement (TJX Companies Inc /De/)
Telephonic Notices. The Borrower Company hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and Loans, effect selections of Types of Syndicated Advances Loans and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender reasonably and in good faith believes to be acting on behalf of the Borroweran Authorized Officer. The Borrower Company agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and Advances, effect selections of Types of Syndicated Advances and to transfer funds based on telephonic notices made by any person Person or persons Persons the Administrative Agent or any Lender reasonably and in good faith believes to be acting on behalf of the Borroweran Authorized Officer. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error.
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Telephonic Notices. The Each Borrower hereby authorizes the Lenders and the Administrative Agent to extendextend Advances, convert or continue Syndicated Advances and effect selections of Types of Syndicated Advances and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender in good faith believes to be acting on behalf of the BorrowerCompany. The Borrower Company (on behalf of itself or the Subsidiary Borrower) agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer, of each telephonic notice. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error. In case of disagreement concerning such notices, if the Administrative Agent has recorded telephonic borrowing notices, such recordings will be made available to the Company upon the Company’s request therefor.
Appears in 1 contract
Samples: Credit Agreement (Arvinmeritor Inc)
Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and Revolving Credit Advances, effect selections of Types of Syndicated Advances Rate Options and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error.
Appears in 1 contract
Telephonic Notices. The Borrower hereby authorizes the Lenders and the Administrative Agent to extend, convert or continue Syndicated Advances and Revolving Credit Loans, effect selections of Types of Syndicated Advances Rate Options and to transfer funds based on telephonic notices made by any person or persons the Administrative Agent or any Lender in good faith believes to be an Authorized Officer acting on behalf of the Borrower. The Borrower agrees to deliver promptly to the Administrative Agent a written confirmation, if such confirmation is requested by the Administrative Agent or any Lender, of each telephonic notice signed by an Authorized Officer. If the written confirmation differs in any material respect from the action taken by the Administrative Agent and the Lenders, the records of the Administrative Agent of and the relevant telephonic notice Lenders shall govern absent manifest error.
Appears in 1 contract