Common use of Term Loans and Revolving Loans Clause in Contracts

Term Loans and Revolving Loans. Whenever (i) a Borrower desires to incur Dollar Loans hereunder (excluding (I) Swingline Loans and (II) Revolving Loans incurred pursuant to a Mandatory Borrowing), such Borrower shall give the Administrative Agent at the applicable Notice Office at least one (1) Business Day’s prior notice of each Base Rate Loan, and at least three (3) Business Days’ prior notice of each Eurodollar Loan to be incurred hereunder, (ii) Silgan Canada desires to incur Canadian A Term Loans hereunder, Silgan Canada shall give the Administrative Agent at the applicable Notice Office at least one (1) Business Day’s prior notice of each Canadian A Term Loan to be maintained as a Canadian Prime Rate Loan, and at least three (3) Business Days’ prior notice of each Canadian Term Loan to be maintained as a CDOR Rate Loan, to be incurred hereunder, (iii) an Incremental Term Loan Borrower desires to incur Alternate Currency Incremental Term Loans hereunder, such Incremental Term Loan Borrower shall give the Administrative Agent at the applicable Notice Office at least three (3) Business Days’ prior notice of each such Alternate Currency Incremental Term Loan to be incurred hereunder, (iv) a Revolving Borrower desires to incur Primary Alternate Currency Revolving Loans hereunder, such Revolving Borrower shall give the Administrative Agent at the applicable Notice Office at least three (3) Business Days’ prior notice of each such Primary Alternate Currency Revolving Loan to be incurred hereunder, and (v) a Canadian Revolving Borrower desires to incur Canadian Revolving Loans hereunder, such Canadian Revolving Borrower shall give the Administrative Agent at the applicable Notice Office at least one (1) Business Day’s prior notice of each Canadian Prime Rate Loan, and at least three (3) Business Days’ prior notice of each CDOR Rate Loan, provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (Local Time) on such day. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be given by the respective Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify (i) the name of such Borrower, (ii) the aggregate principal amount of the Loans to be made pursuant to such Borrowing (stated in Dollars or, in the case of Alternate Currency Loans, in the relevant Alternate Currency), (iii) the date of such Borrowing (which shall be a Business Day), (iv) in the case of Incremental Term Loans and Revolving Loans, the Applicable Currency, (v) whether the Loans being made pursuant to such Borrowing shall constitute US A Term Loans, Canadian A Term Loans, Incremental Term Loans, Revolving Loans or Canadian Revolving Loans, (vi) (x) in the case of Dollar Loans, whether such Dollar Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans, and (y) in the case of Canadian Term Loans under a given Tranche, whether such Canadian Term Loans being made pursuant to such Borrowing are to be initially maintained as Canadian Prime Rate Loans or, to the extent permitted hereunder, CDOR Rate Loans, (vii) in the case of all Euro Rate Loans and CDOR Rate Loans, the initial Interest Period to be applicable thereto, and (viii) in the case of Canadian Revolving Loans, whether the respective Borrowing shall consist of Canadian Prime Rate Loans or, to the extent permitted hereunder, CDOR Rate Loans. The Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Silgan Holdings Inc), Credit Agreement (Silgan Holdings Inc)

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Term Loans and Revolving Loans. Whenever (i) a Borrower desires to incur Dollar Loans hereunder (excluding (I) Swingline Loans and (II) Revolving Loans incurred pursuant to a Mandatory Borrowing), such Borrower shall give the Administrative Agent at the applicable Notice Office at least one (1) Business Day’s prior notice of each Base Rate Loan, and at least three (3) Business Days’ prior notice of each Eurodollar Loan to be incurred hereunder, (ii) Silgan Canada desires to incur Canadian A Term Loans hereunder, Silgan Canada shall give the Administrative Agent at the applicable Notice Office at least one (1) Business Day’s prior notice of each Canadian A Term Loan to be maintained as a Canadian Prime Rate Loan, and at least three (3) Business Days’ prior notice of each Canadian Term Loan to be maintained as a CDOR Rate Loan, to be incurred hereunder, (iii) an Incremental Term Loan Borrower desires to incur Alternate Currency Incremental Term Loans hereunder, such Incremental Term Loan Borrower shall give the Administrative Agent at the applicable Notice Office at least three (3) Business Days’ prior notice of each such Alternate Currency Incremental Term Loan to be incurred hereunder, (iv) a Revolving Borrower desires to incur Primary Alternate Currency Revolving Loans hereunder, such Revolving Borrower shall give the Administrative Agent at the applicable Notice Office at least three (3) Business Days’ prior notice of each such Primary Alternate Currency Revolving Loan to be incurred hereunder, and (v) a Canadian Revolving Borrower desires to incur Canadian Revolving Loans hereunder, such Canadian Revolving Borrower shall give the Administrative Agent at the applicable Notice Office at least one (1) Business Day’s prior notice of each Canadian Prime Rate Loan, and at least three (3) Business Days’ prior notice of each CDOR Rate Loan, provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (Local Time) on such day. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be given by the respective Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify (i) the name of such Borrower, (ii) the aggregate principal amount of the Loans to be made pursuant to such Borrowing (stated in Dollars or, in the case of Alternate Currency Loans, in the relevant Alternate Currency), (iii) the date of such Borrowing (which shall be a Business Day), (iv) in the case of Incremental Term Loans and Revolving Loans, the Applicable Currency, (v) whether the Loans being made pursuant to such Borrowing shall constitute US A Term Loans, Canadian A Term Loans, Incremental Term Loans, Revolving Loans or Canadian Revolving Loans, (vi) (x) in the case of Dollar Loans, whether such Dollar Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar Loans, and (y) in the case of Canadian Term Loans under a given Tranche, whether such Canadian Term Loans being made pursuant to such Borrowing are to be initially maintained as Canadian Prime Rate Loans or, to the extent permitted hereunder, CDOR Rate Loans, (vii) in the case of all Euro Rate Loans and CDOR Rate Loans, the initial Interest Period to be applicable thereto, and (viii) in the case of Canadian Revolving Loans, whether the respective Borrowing shall consist of Canadian Prime Rate Loans or, to the extent permitted hereunder, CDOR Rate Loans. The Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing.Exhibit

Appears in 1 contract

Samples: Credit Agreement (Silgan Holdings Inc)

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Term Loans and Revolving Loans. Whenever (i) a Borrower desires to incur Dollar Loans hereunder (excluding (I) Swingline Loans and (II) Revolving Loans incurred pursuant to a Mandatory Borrowing), such Borrower shall give the Administrative Agent at the applicable Notice Office (A) at least one (1) Business Day’s prior notice of each Base Rate Loan, and (B)(1) in the case of a Dollar Loan constituting an RFR Loan, at least three (3) RFR Business Days’ prior notice of each Eurodollar Loan to be incurred hereunder, (ii) Silgan Canada desires to incur Canadian A Term Loans hereunder, Silgan Canada shall give the Administrative Agent at the applicable Notice Office before such RFR Loan, and (2) in the case of a Dollar Loan constituting a Eurocurrency Rate Loan, at least three (3) Eurocurrency Banking Days before such Eurocurrency Rate Loan (except in the case of any such Eurocurrency Rate Loan to be made on the Third Amendment Effective Date, which may be made on one (1) Business BusinessEurocurrency Banking Day’s prior notice of each Canadian A Term Loan to be maintained as a Canadian Prime Rate Loan, and at least three (3) Business Days’ prior notice of each Canadian Term Loan to be maintained as a CDOR Rate Loan, to be incurred hereunder), (ii) [reserved], (iii) an Incremental Term Loan Borrower desires to incur Alternate Currency Incremental Term Loans hereunder, such Incremental Term Loan Borrower shall give the Administrative Agent at the applicable Notice Office (A) in the case of an Alternate Currency Incremental Term Loans constituting an RFR Loan denominated in any Alternate Currency, at least three (3) RFR Business Days’ prior notice before such RFR Loan, and (B) in the case of an Alternate Currency Incremental Term Loan constituting a Eurocurrency Rate Loan denominated in any Alternate Currency, at least three (3) Eurocurrency Banking Days before such Eurocurrency Rate Loan, of each such Alternate Currency Incremental Term Loan to be incurred hereunder, (iv) a Revolving Borrower desires to incur Primary Alternate Currency Revolving Loans hereunder, such Revolving Borrower shall give the Administrative Agent at the applicable Notice Office (A) in the case of a Primary Alternate Currency Revolving Loan constituting an RFR Loan, at least three (3) RFR Business Days’ prior notice before such RFR Loan, and (B) in the case of a Primary Alternate Currency Revolving Loan constituting a Eurocurrency Rate Loan, at least three (3) Eurocurrency Banking Days before such Eurocurrency Rate Loan, of each such Primary Alternate Currency Revolving Loan to be incurred hereunder, and (v) a Canadian Revolving Borrower desires to incur Canadian Revolving Loans denominated in Canadian Dollars hereunder, such Canadian Revolving Borrower shall give the Administrative Agent at the applicable Notice Office at least one onethree (113) Business DayDayDays ’s prior notice of each Canadian Prime Rate Loan, and at least three (3) Business Days’ prior notice of each CDOR Rate Loan, provided that (in each case) any such notice shall be deemed to have been given on a certain day only if given before 1:00 P.M. (Local Time) on such day. Each such notice (each, a “Notice of Borrowing”), except as otherwise expressly provided in Section 2.10, shall be irrevocable and shall be given by the respective Borrower in writing, or by telephone promptly confirmed in writing, in the form of Exhibit A-1, appropriately completed to specify (i) the name of such Borrower, (ii) the aggregate principal amount of the Loans to be made pursuant to such Borrowing (stated in Dollars or, in the case of Alternate Currency Loans, in the relevant Alternate Currency), (iii) the date of such Borrowing (which shall be a Business Day), (iv) in the case of Incremental Term Loans and Revolving Loans, the Applicable Currency, (v) whether the Loans being made pursuant to such Borrowing shall constitute US A A-1 Term Loans, Canadian A CanadianUS A-2 Term Loans, Incremental Term Loans, Revolving Loans or Canadian Revolving Loans, (vi) (x) in the case of Dollar Loans, whether such Dollar Loans being made pursuant to such Borrowing are to be initially maintained as Base Rate Loans or, to the extent permitted hereunder, Eurodollar LoansLoanswhether such Dollar Loan is to be a Eurocurrency Rate Loan or an RFR Loan, and (y) in the case of Canadian CanadianIncremental Term Loans denominated in Canadian Dollars under a given Tranche, whether such Canadian CanadianIncremental Term Loans being made pursuant to such Borrowing are to be initially maintained as Canadian Prime Rate Loans or, to the extent permitted hereunder, CDOR Rate Loans, (vii) in the case of all Euro EuroEurocurrency Rate Loans, Term RFR Loans and CDOR Rate Loans, the initial Interest Period to be applicable thereto, and (viii) in the case of Canadian Revolving LoansLoans denominated in Canadian Dollars, whether the respective Borrowing shall consist of Canadian Prime Rate Loans or, to the extent permitted hereunder, CDOR Rate Loans. The Administrative Agent shall promptly give each Lender which is required to make Loans of the Tranche specified in the respective Notice of Borrowing, notice of such proposed Borrowing, of such Lender’s proportionate share thereof and of the other matters required by the immediately preceding sentence to be specified in the Notice of Borrowing. If the relevant Borrower fails to specify the Currency of a Loan in a Notice of Borrowing, then the applicable Loans shall be made in Dollars. If the relevant Borrower fails to specify a type of Loan denominated in Dollars in a Notice of Borrowing, then the applicable Loans shall be made as Base Rate Loans.

Appears in 1 contract

Samples: Credit Agreement (Silgan Holdings Inc)

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