The Borrower’s Request Clause Samples

The Borrower’s Request. The Administrative Agent shall have received a borrowing notice from Borrower, signed by a Duly Authorized Officer of the Borrower, irrevocably electing the Loan to be made on the Closing Date. If at any time applicable, if at all, the Administrative Agent and Lenders shall have no liability to the Borrower or any other Person as a result of acting on any telephonic request that the Administrative Agent believes in good faith to have been made by any Person authorized by Borrower to make a borrowing request on behalf of Borrower. Promptly upon receipt of such borrowing request, Administrative Agent will advise each Lender thereof. Not later than 1:00 p.m. (Chicago time), on the date of the proposed borrowing of the Loan, each Lender shall provide Administrative Agent at the office specified by Administrative Agent with immediately available funds covering such Lender’s Pro Rata Share of such borrowing and, so long as Administrative Agent has not received written notice that the conditions precedent set forth in Section 5 with respect to such borrowing have not been satisfied, Administrative Agent shall pay over the funds received by Administrative Agent to Borrower on the requested borrowing date.

The Borrower’s Request. The Lender shall have received, (i) with respect to a request by Borrower for a Base Rate Loan, by no later than 11:00 a.m. (Chicago time) on the day on which such Loan is requested to be made hereunder, a telephonic request from any Person who the Lender reasonably believes is authorized by Borrower to make a borrowing request on behalf of Borrower, for a Loan in a specific amount, and (ii) with respect to a request by Borrower for a Libor Loan, by no later than 1:00 p.m. (Chicago time) two (2) Business Days prior to the day on which a Libor Loan is requested, the Borrowing Notice required under Section 2.12 hereof. In addition, each request for a Loan shall be accompanied or preceded by all other documents not previously delivered as required to be delivered to the Lender under Section 5.2 hereof, and a request for any Revolving Loan shall be accompanied or preceded by a borrowing base certificate from the Borrower, signed by a Duly Authorized Officer, in form and substance satisfactory to the Lender. The Lender shall have no liability to the Borrower or any other Person as a result of acting on any telephonic request that the Lender believes in good faith to have been made by any Person authorized by Borrower to make a borrowing request on behalf of Borrower.

The Borrower’s Request. The Agent shall have received, with respect to a request by Borrower for a Revolving Loan, by no later than 11:00 a.m. (Chicago time) on the day on which such Revolving Loan is requested to be made hereunder, a telephonic request from any Person who the Agent reasonably believes is authorized by Borrower to make a borrowing request on behalf of Borrower, for a Revolving Loan in a specific amount. In addition, each request for a Revolving Loan shall be accompanied or preceded by all other documents not previously delivered as required to be delivered to the Agent under Section 5.1 hereof, and a fully-completed Collateral Report signed on behalf of Borrower by a Duly Authorized Officer, in form and substance reasonably satisfactory to the Agent. The Agent shall have no liability to the Borrower or any other Person as a result of acting on any telephonic request that the Agent believes in good faith to have been made by any Person authorized by Borrower to make a borrowing request.

The Borrower’s Request. The Borrower shall have complied with Section 2.11 hereof. Each request for a Borrowing shall be accompanied or preceded by all other documents not previously delivered as required to be delivered to the Lender under Section 4.2 hereof, and a fully-completed borrowing base certificate (the “Borrowing Base Certificate”) setting forth the Value of the Pledged Collateral as of such date signed on behalf of Borrower by a Duly Authorized Officer, substantially in the form attached hereto as Exhibit A and otherwise in form and substance reasonably satisfactory to the Lender. The Lender shall have no liability to the Borrower or any other Person as a result of acting on any telephonic request that the Lender believes in good faith to have been made by any Person authorized by Borrower to make a borrowing request.

The Borrower’s Request. The Agent shall have received, by no ---------------------- later than 2:00 p.m. (Chicago, Illinois time) on the day on which a Revolving Loan (other than a Eurodollar Loan) is requested to be made hereunder, by no later than 2:00 p.m. Chicago, Illinois time on the day which is three (3) Business Days prior to the date on which any Eurodollar Loan is requested and by no later than 2:00 p.m. (Chicago, Illinois time) on the third (3rd) Business Day preceding the day on which a Letter of Credit is requested to be issued, (a) a telephonic request from an officer of the Borrower (or any Person authorized by the Borrower pursuant to a written list provided to the Agent), for a Revolving Loan or a Letter of Credit in a specific amount, (b) copies of all reports and documents not previously delivered but required to be delivered to the Agent under this Agreement or any of the other Financing Agreements, and (c) in the case of a Letter of Credit, an application therefor as described in Section 2.2. ----------- Unless otherwise stated to the Agent in writing by the Borrower at the time of any such request, each such request for a Revolving Credit Loan or Letter of Credit shall automatically be deemed, without necessity of further certification or ratification by the Borrower, to be a representation and warranty by the Borrower to the Agent, for the benefit of the Lenders, that (i) all requirements and conditions for the funding of any such Revolving Credit Loan or the issuance of any such Letter of Credit, as provided by this Agreement, have been satisfied and (ii) the funding of any such Revolving Credit Loan or the issuance of any such Letter of Credit, and the resulting incurrence of indebtedness and obligations in connection therewith, is permitted under the Indenture and would not cause or otherwise result in a "Default" or "Event of Default" as defined by the Indenture. The Agent shall have no liability to the Borrower or any other Person as a result of acting on any telephonic request that the Agent believes in good faith to have been made by any Person set forth on Schedule 4.1. ------------

The Borrower’s Request