To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by a Swingline Borrowing Request by electronic transmission not later than 11:00 a.m., Local Time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date (which shall be a Business Day), (ii) the amount of the requested Swingline Borrowing and (iii) the location and number of the Borrower’s account to which funds comprising the requested Swingline Borrowing are to be disbursed. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Swingline Lender shall make each Swingline Loan in accordance with Section 2.02(a) on the proposed date thereof by wire transfer of immediately available funds by 3:00 p.m., Local Time, to the account of the Borrower (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank).
Appears in 3 contracts
Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)
To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by telephone (confirmed promptly by a Swingline Borrowing Request by electronic transmission telecopy), not later than 11:00 a.m., Local Time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date (which shall be a Business Day), (ii) the amount of the requested Swingline Borrowing and (iii) the location and number of the Borrower’s 's account to which funds comprising the requested Swingline Borrowing are to be disbursed. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Swingline Lender shall make each Swingline Loan in accordance with Section 2.02(a) on the proposed date thereof by wire transfer of immediately available funds by 3:00 p.m., Local Time, to the account of the Borrower (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank).
Appears in 3 contracts
Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)
To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by telephone (confirmed promptly by a Swingline Borrowing Request by electronic transmission telecopy), not later than 11:00 a.m., Local Time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date (which shall be a Business Day), (ii) the amount of the requested Swingline Borrowing and (iii) the location and number of the Borrower’s account to which funds comprising the requested Swingline Borrowing are to be disbursed. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Swingline Lender shall make each Swingline Loan in accordance with Section 2.02(a) on the proposed date thereof by wire transfer of immediately available funds by 3:00 p.m., Local Time, to the account of the Borrower (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank).
Appears in 2 contracts
Samples: Credit Agreement (Nuance Communications, Inc.), Credit Agreement (Nuance Communications, Inc.)
To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by telephone (confirmed by a Swingline Borrowing Request by electronic transmission means if requested by the Administrative Agent or the Swingline Lender), not later than 11:00 a.m., Local Time, 2:00 p.m. on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date of such Swingline Borrowing (which shall be a Business Day), ) and (ii) the amount of the requested Swingline Borrowing and (iii) the location and number of the Borrower’s account to which funds comprising the requested Swingline Borrowing are to be disbursedBorrowing. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Swingline Lender and the Borrower shall make each agree upon the interest rate applicable to such Swingline Loan; provided that if such agreement cannot be reached prior to 2:00 p.m. on the day of such proposed Swingline Loan, then such Swingline Loan in accordance with Section 2.02(a) shall bear interest at the ABR plus the Applicable Margin for ABR Loans. Any funding of a Swingline Loan by the Swingline Lender shall be made on the proposed date thereof by wire transfer of immediately available funds by 3:00 p.m., Local Time, p.m. to the account of the Borrower identified by the Borrower to the Swingline Lender (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank).
Appears in 1 contract
Samples: Credit Agreement (Enhabit, Inc.)
To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by telephone (confirmed by a Swingline Borrowing Request by electronic transmission means), not later than 11:00 a.m.2:00 p.m., Local TimeNew York City time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date of such Swingline Borrowing (which shall be a Business Day), ) and (ii) the amount of the requested Swingline Borrowing and (iii) the location and number of the Borrower’s account to which funds comprising the requested Swingline Borrowing are to be disbursedBorrowing. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Swingline Lender shall make each Swingline Loan in accordance with Section 2.02(a) on the proposed date thereof by wire transfer of immediately available funds by 3:00 p.m., Local Time, to the account of the Borrower (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank)) by 3:00 p.m., New York City time, on the requested date of such Swingline Loan.
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To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by telephone (confirmed by a Swingline Borrowing Request by electronic transmission telecopy), not later than 11:00 a.m.1:00 p.m., Local TimeNew York City time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date (which shall be a Business Day), ) and (ii) the amount of the requested Swingline Borrowing Borrowing. The Administrative Agent shall promptly advise each Swingline Lender of any such notice received from the Borrower and (iii) the location and number amount of the Borrower’s account such Swingline Lender's Swingline Loan to which funds comprising be made as part of the requested Swingline Borrowing are to be disbursedBorrowing. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Each Swingline Lender shall make each Swingline Loan to be made by it hereunder in accordance with Section 2.02(a) on the proposed date thereof by wire transfer of immediately available funds by 3:00 p.m., Local TimeNew York City time, to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Swingline Lenders. The Administrative Agent will make such Swingline Loans available to the Borrower by promptly crediting the amounts so received, in like funds, to the general deposit account of the Borrower with the Administrative Agent (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank).
Appears in 1 contract
Samples: Credit Agreement (Universal City Development Partners LTD)
To request a Swingline Borrowing. the Borrower shall notify the Administrative Agent and the Swingline Lender of such request in writing by telephone (confirmed by a Swingline Borrowing Request by electronic transmission telecopy or pdf), not later than 11:00 a.m.1:00 p.m., Local Time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date (which shall be a Business Day), and (ii) the amount of the requested Swingline Borrowing and (iii) the location and number of the Borrower’s account to which funds comprising the requested Swingline Borrowing are to be disbursedBorrowing. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Swingline Lender shall Lender, if it determines to make each a Swingline Loan in accordance with Section 2.02(a) ), shall make each Swingline Loan on the proposed date thereof by wire transfer of immediately available funds by 3:00 4:00 p.m., Local Time, to the account of the Borrower (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), by remittance to the applicable Issuing Bank).
Appears in 1 contract
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Verso Paper Holdings LLC)
To request a Swingline Borrowing. the Borrower shall notify the Administrative Swingline Agent and the Swingline Lender of such request in writing by a Swingline Borrowing Request telephone (confirmed by electronic transmission telecopy), not later than 11:00 a.m.12:00 noon, Local TimeNew York City time, on the day of a proposed Swingline Borrowing. Each such notice and Swingline Borrowing Request shall be irrevocable and shall specify (i) the requested date (which shall be a Business Day), (ii) the amount of the requested Swingline Borrowing and (iii) shall designate the location and number account of the Borrower’s account Borrower in the United States to which funds comprising such amount is to be credited. Promptly following receipt of any such request, the Swingline Agent shall advise each Swingline Lender of the details thereof and of the amount of such Swingline Lender's Swingline Loan to be made as part of the requested Swingline Borrowing are to be disbursedBorrowing. The Swingline Lender shall consult with the Administrative Agent as to whether the making of the Swingline Loan is in accordance with the terms of this Agreement prior to the Swingline Lender funding such Swingline Loan. The Each Swingline Lender shall make each Swingline Loan in accordance with Section 2.02(a) to be made by it hereunder on the proposed date thereof by wire transfer of immediately available funds by 3:00 1:00 p.m., Local TimeNew York City time, to the account of the Borrower (or, in the case of a Swingline Borrowing made to finance the reimbursement of an L/C Disbursement as provided in Section 2.05(e), Agent most recently designated by remittance it for such purpose by notice to the applicable Issuing Bank)Swingline Lenders. The Swingline Agent will make such Swingline Loans available to the Borrower by promptly crediting the amounts so received to the designated account of the Borrower.
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