Common use of Term Loan Request Clause in Contracts

Term Loan Request. Except as otherwise provided herein, the Borrower may request the Lenders to make the Term Loan or renew or convert the Interest Rate Option applicable to the Term Loan pursuant to Section 4.2 [Interest Periods], by delivering to the Agent, not later than 10:00 a.m., New York time, (i) three (3) Business Days prior to the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the LIBOR Rate Option applies or the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; and (ii) one (1) Business Day prior to either the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any such portion of the Term Loan, of a Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of such Exhibit, it being understood that the Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each Loan Request shall be irrevocable and shall specify (i) the proposed Borrowing Date; (ii) the aggregate amount of the proposed portion of the Term Loan comprising each Borrowing Tranche, the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether the LIBOR Rate Option or Base Rate Option shall apply to the portion of the Term Loan comprising the applicable Borrowing Tranche; and (iv) in the case of a Borrowing Tranche to which the LIBOR Rate Option applies, an appropriate Interest Period for the portion of the Term Loan comprising such Borrowing Tranche.

Term Loan Request. Except as otherwise provided herein, Each Term Loan Request from the Borrower may request pursuant to this Section 2.09 shall set forth the Lenders to make requested amount and proposed terms of the relevant Term Loans. Any Lender who receives a Term Loan or renew or convert the Interest Rate Option applicable Request that has not communicated its desire to provide any such new Term Commitments in writing to the Term Loan pursuant to Section 4.2 [Interest Periods], by delivering to Administrative Agent and the Agent, not later than 10:00 a.m., New York time, Borrower within ten (i) three (310) Business Days prior to the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the LIBOR Rate Option applies or the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; and (ii) one (1) Business Day prior to either the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any such portion of the Term Loan, of a Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of such Exhibit, it being understood that the Agent may rely on the authority of any individual making such a telephonic request without the necessity of following receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each Term Loan Request shall be irrevocable and deemed to have declined to participate in providing Term Commitments in respect of such Term Loan Request. It is understood that final allocations of the Term Commitments in respect of each Term Loan Request shall specify be made at the Borrower’s election in consultation with the Administrative Agent. Term Loans may be made only by one or more Lenders that are already Lenders hereunder at the time such Term Loan Request is made (but no existing Lender will have an obligation to make any Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Term Lender”); provided that (i) the proposed Borrowing Date; Administrative Agent shall have consented (not to be unreasonably withheld or delayed) to the identity of the Lender or Additional Term Lender that is making such Term Loans or providing such Term Commitments to the extent such consent, if any, would be required under Section 12.04 for an assignment of Loans to such Lender or Additional Term Lender, (ii) any Additional Term Lender at the aggregate amount time such Term Loans are made or such Term Commitments are provided shall be a commercial bank that is then actively engaged in oil and gas reserve-based lending governed by a borrowing base, as a revolving lender, in the ordinary course of its business, and the proposed portion of the applicable Term Loan comprising each Borrowing TrancheAmendment shall contain a representation by such Additional Term Lender confirming the foregoing as set forth in this clause (ii), the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether no Additional Term Lender shall be the LIBOR Rate Option or Base Rate Option shall apply to the portion of the Term Loan comprising the applicable Borrowing Tranche; and (iv) in the case of a Borrowing Tranche to which the LIBOR Rate Option appliesBorrower, an appropriate Interest Period for the portion Affiliate of the Term Loan comprising such Borrowing TrancheBorrower or a natural person.

Term Loan Request. Except as otherwise provided herein, the Borrower may request the Lenders to make the Each Term Loan or renew or convert Request from Borrower pursuant to this Section 2.13 shall set forth the Interest Rate Option applicable to requested amount and proposed terms of the relevant Term Loans. Any Lender who receives a Term Loan pursuant Request that has not communicated its desire to Section 4.2 [Interest Periods], by delivering provide any such new Term Commitments in writing to the Agent, not later than 10:00 a.m., New York time, Administrative Agent and Borrower within ten (i) three (310) Business Days prior to the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the LIBOR Rate Option applies or after the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; and (ii) one (1) Business Day prior to either the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any such portion of the Term Loan, of a Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of such Exhibit, it being understood that the Agent may rely on the authority of any individual making such a telephonic request without the necessity of receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each Loan Request shall be irrevocable and deemed to have declined to participate in providing Term Commitments in respect of such Term Loan Request. It is understood that final allocations of the Term Commitments in respect of each Term Loan Request shall specify be made at Borrower’s election in consultation with Administrative Agent. Term Loans may be made only by one or more Lenders that are already Lenders hereunder at the time such Term Loan Request is made (but no existing Lender will have an obligation to make any Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Term Lender”); provided that (i) Administrative Agent shall have consented (not to be unreasonably withheld or delayed) to the proposed Borrowing Date; identity of the Additional Term Lender that is making such Term Loans or providing such Term Commitments to the extent such consent, if any, would be required under Section 13.7 for an assignment of Loans to such Additional Term Lender, (ii) any Additional Term Lender at the aggregate amount time such Term Loans are made or such Term Commitments are provided shall be a commercial bank or other financial institution that is then actively engaged in oil and gas reserve-based lending governed by a borrowing base in the ordinary course of its business, and the proposed portion of the applicable Term Loan comprising each Borrowing TrancheAmendment shall contain a representation by such Additional Term Lender confirming the foregoing as set forth in this clause (ii), the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether the LIBOR Rate Option or Base Rate Option no Additional Term Lender shall apply to the portion of the Term Loan comprising the applicable Borrowing Tranche; and (iv) in the case of a Borrowing Tranche to which the LIBOR Rate Option appliesbe Borrower, an appropriate Interest Period for the portion Affiliate of the Term Loan comprising such Borrowing TrancheBorrower or a natural person.

Term Loan Request. Except as otherwise provided herein, the Borrower may request the Lenders to make the Each Term Loan or renew or convert Request from Borrower pursuant to this Section 2.11 shall set forth the Interest Rate Option applicable requested amount and proposed terms of the relevant Term Loans. Each Bank shall have not less than ten (10) Business Days from the date on which notice of such Term Loan Request was provided by the Administrative Agent to such Bank to provide in writing to the Administrative Agent and the Borrower, in its sole discretion, an indication of its interest to provide New Term Commitments on the terms set forth in such Term Loan pursuant to Section 4.2 [Interest Periods]Request, by delivering to the Agent, not later than 10:00 a.m., New York time, which indication of interest shall (i) three (3) Business Days prior to set forth the proposed Borrowing Date with respect to the making of the maximum portion of the New Term Commitments in respect of such Term Loan Request that such Bank is willing to which the LIBOR Rate Option applies or the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; provide and (ii) one be subject in all respects to such Bank’s approval of the applicable Term Loan Amendment documentation. Any Bank that has not communicated its desire to provide any such New Term Commitments in writing to the Administrative Agent and the Borrower within such ten (110) Business Day prior period shall be deemed to either the proposed Borrowing Date with have declined to participate in providing New Term Commitments in respect to the making of the portion of the such Term Loan to which Request. Notwithstanding the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for foregoing, any such portion indication of the interest by a Bank to provide any New Term Loan, of Commitments in response to a Term Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of shall not assure any such ExhibitBank that it will be allocated any such New Term Commitments, it being understood that final allocations of the Agent may rely on the authority New Term Commitments in respect of any individual making such a telephonic request without the necessity of receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each each Term Loan Request shall be irrevocable and shall specify made at the Borrower’s election in consultation with the Administrative Agent. Term Loans may be made by any existing Bank (but no existing Bank will have an obligation to make any New Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Term Bank”); provided that (i) the proposed Borrowing Date; Administrative Agent shall have consented (not to be unreasonably withheld or delayed) to the identity of the Bank or Additional Term Bank that is making such Term Loans or providing such New Term Commitments to the extent such consent, if any, would be required under Section 12.02 for an assignment of Loans to such Bank or Additional Term Bank, (ii) any Additional Term Bank at the aggregate amount time such Term Loans are made or such New Term Commitments are provided shall be a commercial bank that is then actively engaged in oil and gas reserve-based lending governed by a borrowing base, as a revolving lender, in the ordinary course of its business, and the proposed portion of the applicable Term Loan comprising each Borrowing TrancheAmendment shall contain a representation by such Additional Term Bank confirming the foregoing as set forth in this clause (ii) and confirming that such Additional Term Bank has no present intention to assign or sell participations in its Term Loans, the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether no Additional Term Bank shall be the LIBOR Rate Option or Base Rate Option shall apply to the portion Borrower, an Affiliate of the Term Loan comprising the applicable Borrowing Tranche; Borrower or a natural person (or a holding company, investment vehicle or trust for, or owned and (iv) in the case of a Borrowing Tranche to which the LIBOR Rate Option applies, an appropriate Interest Period operated for the portion of the Term Loan comprising such Borrowing Trancheprimary benefit of, a natural person).

Term Loan Request. Except as otherwise provided herein, Each Term Loan Request from the Borrower may request pursuant to this Section 2.17 shall set forth the Lenders to make requested amount and proposed terms of the relevant Term Loans. Any Lender who receives a Term Loan or renew or convert the Interest Rate Option applicable Request that has not communicated its desire to provide any such new Term Commitments in writing to the Term Loan pursuant to Section 4.2 [Interest Periods], by delivering to Administrative Agent and the Agent, not later than 10:00 a.m., New York time, Borrower within ten (i) three (310) Business Days prior to the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the LIBOR Rate Option applies or the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; and (ii) one (1) Business Day prior to either the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any such portion of the Term Loan, of a Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of such Exhibit, it being understood that the Agent may rely on the authority of any individual making such a telephonic request without the necessity of following receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each Term Loan Request shall be irrevocable and deemed to have declined to participate in providing Term Commitments in respect of such Term Loan Request. It is understood that final allocations of the Term Commitments in respect of each Term Loan Request shall specify be made at the Borrower’s election in consultation with the Administrative Agent. Term Loans may be made only by one or more Lenders that are already Lenders hereunder at the time such Term Loan Request is made (but no existing Lender will have an obligation to make any Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Term Lender”); provided that (i) the proposed Borrowing Date; Administrative Agent shall have consented (such consent not to be unreasonably withheld or delayed) to the identity of the Lender or Additional Term Lender that is making such Term Loans or providing such Term Commitments to the extent such consent, if any, would be required under Section 13.6 for an assignment of Loans to such Lender or Additional Term Lender, (ii) any Additional Term Lender at the aggregate amount time such Term Loans are made or such Term Commitments are provided shall be a commercial bank that is then actively engaged in oil and gas reserve-based lending governed by a borrowing base, as a revolving lender, in the ordinary course of its business, and the proposed portion of the applicable Term Loan comprising each Borrowing TrancheAmendment shall contain a representation by such Additional Term Lender confirming the foregoing as set forth in this clause (ii), the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether no Additional Term Lender shall be the LIBOR Rate Option or Base Rate Option shall apply to the portion Borrower, an Affiliate of the Term Loan comprising the applicable Borrowing Tranche; and (iv) in the case of Borrower or a Borrowing Tranche to which the LIBOR Rate Option applies, an appropriate Interest Period for the portion of the Term Loan comprising such Borrowing Tranchenatural person.

Term Loan Request. Except as otherwise provided herein, the Borrower may request the Lenders to make the Each Term Loan or renew or convert Request from Borrower pursuant to this Section 2.17 shall set forth the Interest Rate Option applicable to requested amount and proposed terms of the relevant Term Loans. Each Bank shall have not less than ten (10) Business Days from the date on which notice of such Term Loan pursuant Request was provided by Administrative Agent to Section 4.2 [Interest Periods]such Bank to provide in writing to Administrative Agent and Borrower, by delivering in its sole discretion, an indication of its interest to provide Term Commitments on the Agentterms set forth in such Term Loan Request, not later than 10:00 a.m., New York time, which indication of interest shall (i) three (3) Business Days prior to set forth the proposed Borrowing Date with respect to the making of the maximum portion of the new Term Commitments in respect of such Term Loan Request that such Bank is willing to which the LIBOR Rate Option applies or the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; provide and (ii) one be subject in all respects to such Bank’s approval of the applicable Term Loan Amendment documentation. Any Bank that has not communicated its desire to provide any such new Term Commitments in writing to Administrative Agent and Borrower within such ten (110) Business Day prior period shall be deemed to either the proposed Borrowing Date with have declined to participate in providing Term Commitments in respect to the making of the portion of the such Term Loan to which Request. Notwithstanding the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for foregoing, any such portion indication of the interest by a Bank to provide any new Term Loan, of Commitments in response to a Term Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of shall not assure any such ExhibitBank that it will be allocated any such Term Commitments, it being understood that final allocations of the Agent may rely on the authority Term Commitments in respect of any individual making such a telephonic request without the necessity of receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each each Term Loan Request shall be irrevocable and shall specify made at Borrower’s election in consultation with Administrative Agent. Term Loans may be made by any existing Bank (but no existing Bank will have an obligation to make any Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Term Bank”); provided that (i) Administrative Agent shall have consented (not to be unreasonably withheld or delayed) to the proposed Borrowing Date; identity of the Bank or Additional Term Bank that is making such Term Loans or providing such Term Commitments to the extent such consent, if any, would be required under Section 14.2 for an assignment of Loans to such Bank or Additional Term Bank, (ii) any Additional Term Bank at the aggregate amount time such Term Loans are made or such Term Commitments are provided shall be a commercial bank that is then actively engaged in oil and gas reserve-based lending governed by a borrowing base, as a revolving lender, in the ordinary course of its business, and the proposed portion of the applicable Term Loan comprising each Borrowing TrancheAmendment shall contain a representation by such Additional Term Bank confirming the foregoing as set forth in this clause (ii) and confirming that such Additional Term Bank has no present intention to assign or sell participations in its Term Loans, the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether the LIBOR Rate Option or Base Rate Option no Additional Term Bank shall apply to the portion of the Term Loan comprising the applicable Borrowing Tranche; and (iv) in the case of a Borrowing Tranche to which the LIBOR Rate Option appliesbe Borrower, an appropriate Interest Period for the portion Affiliate of the Term Loan comprising such Borrowing TrancheBorrower or a natural person.

Term Loan Request. Except as otherwise provided herein, Each Term Loan Request from the Borrower may request pursuant to this Section 2.11 shall set forth the Lenders to make requested amount and proposed terms of the relevant Term Loans. Any Lender who receives a Term Loan or renew or convert the Interest Rate Option applicable Request that has not communicated its desire to provide any such new Term Commitments in writing to the Term Loan pursuant to Section 4.2 [Interest Periods], by delivering to Administrative Agent and the Agent, not later than 10:00 a.m., New York time, Borrower within ten (i) three (310) Business Days prior to the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the LIBOR Rate Option applies or the date of conversion to or the renewal of the LIBOR Rate Option for any such portion of the Term Loan; and (ii) one (1) Business Day prior to either the proposed Borrowing Date with respect to the making of the portion of the Term Loan to which the Base Rate Option applies or the last day of the preceding Interest Period with respect to the conversion to the Base Rate Option for any such portion of the Term Loan, of a Loan Request therefor duly completed by an Authorized Officer substantially in the form of Exhibit 2.4 or a Loan Request by telephone immediately confirmed in writing by letter, facsimile or telex in the form of such Exhibit, it being understood that the Agent may rely on the authority of any individual making such a telephonic request without the necessity of following receipt of such written confirmation, provided such individual purports to be an Authorized Officer. Each Term Loan Request shall be irrevocable and deemed to have declined to participate in providing Term Commitments in respect of such Term Loan Request. It is understood that final allocations of the Term Commitments in respect of each Term Loan Request shall specify be made at the Borrower’s election in consultation with the Administrative Agent. Term Loans may be made only by one or more Lenders that are already Lenders hereunder at the time such Term Loan Request is made (but no existing Lender will have an obligation to make any Term Commitment) or by any other bank or other financial institution (any such other bank or other financial institution being called an “Additional Term Lender”); provided that (i) the proposed Borrowing Date; Administrative Agent shall have consented (not to be unreasonably withheld or delayed) to the identity of the Lender or Additional Term Lender that is making such Term Loans or providing such Term Commitments to the extent such consent, if any, would be required under Section 12.04 for an assignment of Loans to such Lender or Additional Term Lender, (ii) any Additional Term Lender at the aggregate amount time such Term Loans are made or such Term Commitments are provided shall be a commercial bank that is then actively engaged in oil and gas reserve-based lending governed by a borrowing base, as a revolving lender, in the ordinary course of its business, and the proposed portion of the applicable Term Loan comprising each Borrowing TrancheAmendment shall contain a representation by such Additional Term Lender confirming the foregoing as set forth in this clause (ii), the amount of which shall be in integral multiples of $1,000,000 and not less than $3,000,000 for each Borrowing Tranche to which the LIBOR Rate Option applies and not less than the lesser of $1,000,000 and in integral multiples of $100,000 or the maximum amount available for Borrowing Tranches to which the Base Rate Option applies; (iii) whether no Additional Term Lender shall be the LIBOR Rate Option or Base Rate Option shall apply to the portion of the Term Loan comprising the applicable Borrowing Tranche; and (iv) in the case of a Borrowing Tranche to which the LIBOR Rate Option appliesBorrower, an appropriate Interest Period for the portion Affiliate of the Term Loan comprising such Borrowing TrancheBorrower or a natural person.