Common use of Borrowing Mechanics Clause in Contracts

Borrowing Mechanics. Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in the case of Revolving Loans. Whenever the Borrower desires that Lenders make Term Loans (other than the initial Credit Extensions on the Closing Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of Base Rate Loans and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five Business Days in advance of the proposed Funding Date (in the case of a Eurodollar Rate Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall be Base Rate Loans or Eurodollar Rate Loans, and (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The Borrower shall notify Administrative Agent prior to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested thereby.

Appears in 1 contract

Sources: Credit Agreement (Las Vegas Sands Corp)

Borrowing Mechanics. Loans made (1) By delivering a Borrowing Request to Collateral Agent on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by itor before 11:00 a.m., and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in the case of Revolving Loans. Whenever the Borrower desires that Lenders make Term Loans (other than the initial Credit Extensions on the Closing Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern Central time, at least on a Business Day, Borrower may from time to time irrevocably request, on not less than three (i3) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of Base Rate Loans and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five Business Days in advance of the proposed Funding Date Days' notice (in the case of a Eurodollar Rate request for a LIBOR Loan) or at least one Business Day in advance on the day of the proposed Funding Date requested Borrowing (in the case of a request for a Base Rate Loan). The , that a Borrowing Notice shall specify be made in (ia) the proposed Funding Date case of a LIBOR Loan, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or in the unused amount of the Revolving Loan Commitments or (which shall be a Business Day), (iib) the amount case of Revolving Loans requested, (iii) whether such Revolving Loans shall be Base Rate Loans or Eurodollar Rate Loans, in any unused portion of the Revolving Loan Commitments. Collateral Agent shall advise each Lender of such Borrowing Request on or before 12:30 p.m., Central time, on the date of such Borrowing Request. On the terms and (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The Borrower shall notify Administrative Agent prior subject to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision conditions of this Agreement, each Borrowing shall be comprised of the Borrower type of Loans, and shall not be permitted to request that any Revolving Loans be made on the Closing DateBusiness Day, specified in such Borrowing Request. Except as otherwise provided On or before 10:00 a.m. Central time, on such Business Day if the requested Borrowing is for LIBOR Loans or on or before 3:00 p.m., Central time, if the requested Borrowing is for Base Rate Loans, each Lender shall deposit with Collateral Agent same-day funds in subsections 2.6Ban amount equal to such Lender's Pro Rata Share of the requested Borrowing. Such deposit will be made to an account which Collateral Agent shall specify from time to time by notice to Lenders. To the extent funds are received from Lenders, 2.6C and 2.6G, a Collateral Agent shall make such funds available to Borrower by wire transfer to the accounts Borrower shall have specified in its Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Request. No Lender's obligation to make any Loan shall be irrevocable affected by any other Lender's failure to make any Loan. (2) The becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents as principal, accrued interest, fees and expenses shall be deemed irrevocably to be a request by Borrower for a Base Rate Revolving Loan on and after the related Interest Rate Determination Datedue date of, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii)to pay, pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Datesuch principal, accrued interest and fees, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt each such Revolving Advance if made by any Agent or pay Transaction Costs on the Closing Date any Lender shall be deposited firstdisbursed by such Agent or such Lender by way of direct payment of the relevant obligation; provided, that no amounts due in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds respect of Local Term Loans borrowed on the Closing Date expenses shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to disbursed by any Agent or any Lender until Borrower has received written notice thereof from such Term B Delayed Draw Loans setting forth the information requested therebyAgent or such Lender.

Appears in 1 contract

Sources: Loan and Security Agreement (Thorn Apple Valley Inc)

Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in the case excess of Revolving Loans. Whenever the such amount. (2) On any day when Borrower desires that Lenders make Term Loans (other than a Revolving Advance under this subsection 2.1, Borrower shall give Agent written or telephonic notice of the initial Credit Extensions proposed borrowing by 1:00 p.m. Chicago time on the Closing Funding Date and Term B Delayed Draw Loans on the Term B Delayed Draw of an Index Rate Loan Commitment Termination Dateless than $10,000,000, written or telephonic notice by 1:00 p.m. Chicago time one (1) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days Day prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of Base Rate Loans and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar an Index Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant Loan equal to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other or greater than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it$10,000,000, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. three (Eastern time3) at least five Business Days in advance of the proposed Funding Date (in the case of a Eurodollar Rate LIBOR Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice , which notice shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall be Base consist of Index Rate Loans or Eurodollar Rate LIBOR Loans, and (iv) in the case of any Loans requested to be made as Eurodollar Rate and, for LIBOR Loans, the initial Interest Period requested thereforapplicable thereto. Any such telephonic notice shall be confirmed with a Notice of Borrowing on the same day as such request. Neither Agent nor Lender shall incur any liability to Borrower for acting upon any telephonic notice or a Notice of Borrowing Agent believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Borrower or for otherwise acting in good faith under this subsection 2.1(F). Neither Agent nor Lender will be required to make any advance pursuant to any telephonic or written notice or a Notice of Borrowing, unless all of the terms and conditions set forth in Section 3 and the Conditions Rider have been satisfied and Agent has also received the most recent Consolidating Borrowing Base Certificates and Consolidated Borrowing Base Certificate and all other documents required under Section 5 and the Reporting Rider by 1:00 p.m. Chicago time on the date of such funding request. Each Advance shall be deposited by wire transfer in immediately available funds in such account as Borrower may from time to time designate to Agent in writing. The Borrower shall notify Administrative Agent prior to the funding becoming due of any such Revolving Loans in the event that amount required to be paid under this Agreement or any of the matters other Loan Documents as principal, Lender Letter of Credit reimbursement obligation, accrued interest, fees, compensation or any other amounts shall be deemed irrevocably to be an automatic request by Borrower for a Revolving Advance, which shall be an Index Rate Loan on the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Datedue date of, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iiito pay (as set forth on Agent’s books and records), pro rata with such principal, Lender Letter of Credit reimbursement obligation, accrued interest fees, compensation or any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested therebyother amounts.

Appears in 1 contract

Sources: Loan and Security Agreement (Beacon Roofing Supply Inc)

Borrowing Mechanics. (1) LIBOR Rate Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 500,000 and integral multiples of $100,000 in the case excess of Revolving Loans. Whenever the such amount. (2) On any day when any Borrower desires that Lenders make Term Loans (other than to borrow under this subsection 2.1, Borrower Representative shall give Agent telephonic notice of the initial Credit Extensions proposed borrowing by 11:00 a.m. Central time on the Closing Funding Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of a Base Rate Loans Loan and must specify two (x2) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five Business Days in advance of the proposed Funding Date (in the case of a Eurodollar LIBOR Rate Loan, which notice (a "Notice of Borrowing") or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice shall must also specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall be consist of Base Rate Loans or Eurodollar LIBOR Rate LoansLoans and for LIBOR Rate Loans the Interest Period applicable thereto, and (ivthe name(s) of the Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on the case of same day. Neither Agent nor any Loans requested Lender shall incur any liability to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The any Borrower shall notify Administrative for acting upon any telephonic notice Agent prior believes in good faith to the funding of any such Revolving Loans in the event that have been given by any of the matters Persons identified on Schedule 2.1(D) or for otherwise acting in good faith under this subsection 2.1(D). Neither Agent nor any Lender will make any advance pursuant to which any telephonic notice unless Agent has also received the Borrower is most recent Borrowing Base Certificate and all other documents then required to certify in have been delivered under subsection 5.1 by 11:00 a.m. Central time. Each advance made to Borrowers under the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable deposited by wire transfer in immediately available funds in such account as Borrower Representative may from time to time designate to Agent in writing. Unless payment is otherwise timely made by Borrowers, the becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents as principal, accrued interest and fees shall be deemed irrevocably to be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on and after the related Interest Rate Determination Datedue date of, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii)to pay, pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Datesuch principal, accrued interest and fees, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt each such Revolving Loan if made by Agent or pay Transaction Costs on the Closing Date any Lender shall be deposited first, in disbursed by Agent or such Lender by way of direct payment of the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested therebyrelevant obligation.

Appears in 1 contract

Sources: Loan and Security Agreement (Uniforce Temporary Personnel Inc)

Borrowing Mechanics. Loans made On any day when a Borrower desires to borrow under this subsection 2.1, Editek, acting as agent for such Borrower, shall give Lender telephonic notice of the proposed borrowing by 11:00 a.m. (Chicago time). Lender shall not incur any liability to Borrowers for acting upon any telephonic notice Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(D). Lender will not make any Funding Date (other than Revolving Loans made advance pursuant to any telephonic notice unless Lender has also received the most recent Borrowing Base Certificates and all other documents required under subsection 3.3B for 5.1(F). Each advance made to a Borrower under the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which Revolving Loan shall be governed deposited by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in the case of Revolving Loans. Whenever the Borrower desires that Lenders make Term Loans (other than the initial Credit Extensions on the Closing Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of Base Rate Loans and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent wire transfer in immediately available Dollars. Whenever funds in such account of Editek, as agent for each Borrower, as Editek may from time to time designate to Lender in writing, and Editek shall forward the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant appropriate amount of proceeds of each such advance to subsection 3.3B or for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five Business Days in advance benefit of the proposed Funding Date (in appropriate Borrower. Unless payment is otherwise timely made by a Borrower, the case of a Eurodollar Rate Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall be Base Rate Loans or Eurodollar Rate Loans, and (iv) in the case becoming due of any Loans requested amount required to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The Borrower shall notify Administrative Agent prior to the funding of any such Revolving Loans in the event that paid under this Agreement or any of the matters other Loan Documents as principal, accrued interest and fees shall be deemed irrevocably to which be a request by such Borrower for a Revolving Loan on the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Datedue date of, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii)to pay, pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Datesuch principal, accrued interest and fees, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date each such Revolving Loan if made by Lender shall be deposited first, in disbursed by Lender by way of direct payment of the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Accountrelevant obligation. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior Anything herein to the Term B Delayed Draw contrary notwithstanding, Lender may elect at any time to disburse directly to each Borrower advances of the Revolving Loan Commitment Termination Date may be borrowed on that are based upon the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery Borrowing Base of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested therebyBorrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Editek Inc)

Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 500,000 and integral multiples of $100,000 in the case excess of Revolving Loans. Whenever the such amount. (2) On any day when any Borrower desires that Lenders make Term Loans (other than an advance under this subsection 2.1, Borrower Representative shall give Lender telephonic notice of the initial Credit Extensions proposed borrowing by 11:00 a.m. New York City time on the Closing Funding Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of a Base Rate Loans Loan and must specify three (x3) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five Business Days in advance of the proposed Funding Date (in the case of a Eurodollar Rate LIBOR Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice , which notice shall also specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall be consist of Base Rate Loans or Eurodollar Rate LIBOR Loans, and (ivfor LIBOR Loans the Interest Period applicable thereto, and the name(s) of Borrower(s) on whose behalf such Loans are being requested. Any such telephonic notice shall be confirmed in writing on the same day by delivery by one or more of the Borrower Representatives of a Notice of Borrowing in the case form of Exhibit D annexed hereto (a "Notice of Borrowing"). Lender shall not incur any liability to any Borrower for acting upon any telephonic notice Lender believes in good faith to have been given by a duly authorized officer or other Person authorized to convey such notice on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(C). Lender shall not be obligated to make any advance pursuant to any telephonic notice unless it has also received the most recent Borrowing Base Certificate and all other documents required under subsection 5.1 by 11:00 a.m. New York City time. Each Revolving Advance shall be deposited by wire transfer in immediately available funds in a Borrower's operating account with Dime as Borrower Representative may from time to time designate to Lender in writing. The becoming due of any Loans requested amount required to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The Borrower shall notify Administrative Agent prior to the funding of any such Revolving Loans in the event that paid under this Agreement or any of the matters other Loan Documents, whether principal, accrued interest or fees, shall be deemed irrevocably to which be a request by Borrowers or Borrower Representative for a Base Rate Revolving Loan on the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Datedue date of, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii)to pay, pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Datesuch principal, accrued interest and fees, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date each such Revolving Advance if made by Lender shall be deposited first, in disbursed by Lender by way of direct payment of the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested therebyrelevant obligation.

Appears in 1 contract

Sources: Loan and Security Agreement (Gse Systems Inc)

Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), ------------------- shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 in the case excess of Revolving Loans. Whenever the such amount. (2) On any day Borrower desires that Lenders make Term Loans (other than to borrow under this subsection 2.1, Borrower shall give Agent telephonic notice of the initial Credit Extensions -------------- proposed borrowing by 11:00 a.m. Central time on the Closing Funding Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of a Base Rate Loans Loan and must specify two (x2) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five Business Days in advance of the proposed Funding Date (in the case of a Eurodollar Rate LIBOR Loan, which notice (a "Notice of Borrowing") or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice shall also specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans Loan shall be a Base Rate Loans or Eurodollar Rate Loans, and (iv) in the case of any Loans requested to be made as Eurodollar Rate Loans, the initial Interest Period requested therefor. The Borrower shall notify Administrative Agent prior to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan LIBOR Loan, and, for a LIBOR Loan, the Interest Period applicable thereto. Any such telephonic notice shall be irrevocable on and after the related Interest Rate Determination Date, and the Borrower shall be bound to make a borrowing confirmed in accordance therewith. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs writing on the Closing Date same day. Neither Agent nor Lender shall incur any liability to Borrower for acting upon any telephonic notice Agent believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Borrower or for otherwise acting in good faith under this subsection 2.1(C). -------------- Neither Agent nor Lender will make any advance pursuant to any telephonic notice unless Agent has also received the Borrowing Base Certificate for such day and all other documents required under subsection 5.1(F) by 12:00 noon (New York -------------- time). The making of an advance pursuant to telephonic notice shall constitute a Loan under this Agreement. Each such advance to a Borrower under the Revolving Loan Commitment shall be deposited firstby wire transfer in immediately available funds in such account as Borrower may from time to time designate to Agent in writing. If the Borrower fails to repay a LIBOR Loan on the due date thereof, in such LIBOR Loan shall, subject to Section 2.2 hereof, be deemed converted into a Base Rate Loan on such due date. The becoming due of any amount required to be paid under this Agreement or any of the Interest Escrow Account other Loan Documents as principal, accrued interest and fees shall be deemed irrevocably to be a request by Borrower for a Base Rate Loan in the amount required by Section 4.1H(iii)to pay, pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Datesuch principal, accrued interest and fees, and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt each such Base Rate Loan if made by Agent or pay Transaction Costs on the Closing Date any Lender shall be deposited first, in disbursed by Agent or such Lender by way of direct payment of the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested therebyrelevant obligation.

Appears in 1 contract

Sources: Loan and Security Agreement (Tower Air Inc)

Borrowing Mechanics. (1) LIBOR Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), shall be in an aggregate minimum amount of (y) $15,000,000 and integral multiples of $5,000,000 in excess of that amount (or the equivalent in Macau Patacas) in the case of Term Loans and (z) $1,000,000 and integral multiples of $100,000 500,000 in the case excess of Revolving Loans. Whenever the such amount. (2) On any day when any Borrower desires that Lenders make Term Loans (other than a Revolving Advance under this subsection 2.1, Administrative Borrower shall give Administrative Agent telephonic notice of the initial Credit Extensions proposed borrowing by 12:00 p.m. Chicago time on the Closing Funding Date and Term B Delayed Draw Loans on the Term B Delayed Draw Loan Commitment Termination Date) or Project Cost Revolving Loans, the Borrower shall deliver to the Disbursement Agent the Advance Request, Borrowing Notice, and related documentation required by the terms of Section 2.4.1(a) of the Disbursement Agreement. Each such Advance Request and Borrowing Notice must be received by the Disbursement Agent prior to 2:00 p.m., Eastern time, at least (i) five Business Days prior to the requested Funding Date, in the case of Eurodollar Rate Loans, or (ii) two Business Days prior to the requested Funding Date, in the case of a Base Rate Loans Loan and must specify (x) the amount and Type of Loans to be borrowed, (y) the requested Funding Date and (z) in the case of Eurodollar Rate Loans, the length of the initial Interest Period therefor. Each relevant Lender will make the amount of its share of each borrowing as is required pursuant to and subject to the requirements of Section 2.4.3(a) of the Disbursement Agreement available to the Disbursement Agent in immediately available Dollars. Whenever the Borrower desires that Lenders make Revolving Loans that are not Project Cost Revolving Loans (other than Revolving Loans made pursuant to subsection 3.3B for the purpose of reimbursing any Issuing Lender for the amount of a drawing under a Letter of Credit issued by it, and Swing Line Loans which shall be governed by the provisions of subsection 2.10), it shall deliver to the Administrative Agent a Borrowing Notice no later than 1:00 p.m. (Eastern time) at least five three Business Days in advance of the proposed Funding Date (in the case of a Eurodollar Rate LIBOR Loan) or at least one Business Day in advance of the proposed Funding Date (in the case of a Base Rate Loan). The Borrowing Notice , which notice shall specify (i) the proposed Funding Date (which shall be a Business Day), (ii) the amount of Revolving Loans requested, (iii) whether such Revolving Loans shall be consist of Base Rate Loans or Eurodollar Rate LIBOR Loans, and (iv) in the case of any Loans requested to be made as Eurodollar Rate and, for LIBOR Loans, the initial Interest Period requested thereforapplicable thereto. The Borrower shall notify Administrative Agent prior to the funding of any such Revolving Loans in the event that any of the matters to which the Borrower is required to certify in the applicable Borrowing Notice is no longer true and correct as of the applicable Funding Date, and the acceptance by the Borrower of the proceeds of any such Revolving Loans shall constitute a recertification by the Borrower, as of the applicable Funding Date, as to the matters to which the Borrower is required to certify in the applicable Borrowing Notice. The parties hereto acknowledge and confirm that, notwithstanding any other provision of this Agreement, the Borrower shall not be permitted to request that any Revolving Loans be made on the Closing Date. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Borrowing Notice for a Eurodollar Rate Loan or a HIBOR Rate Loan Date initially shall be irrevocable made as Base Rate Loans. Any such telephonic notice shall be confirmed with a Notice of Borrowing on the same day. Neither Administrative Agent nor Lenders shall incur any liability to any Borrower for acting upon any telephonic notice or Notice of Borrowing Administrative Agent believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of a Borrower or for otherwise acting in good faith under this subsection 2.1(D). Neither Administrative Agent nor Revolving Loan Lenders will be required to make any Revolving Advance pursuant to any telephonic notice unless Administrative Agent has also received the most recent Monthly Borrowing Base Certificate and after the related Interest Rate Determination Date, Semi-Monthly Borrowing Base Certificate and all other documents required under Section 3 and the Borrower shall be bound to make a borrowing in accordance therewithReporting Rider hereof by 12:00 p.m. Chicago time. All proceeds of Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date Each Revolving Advance shall be deposited firstby wire transfer in immediately available funds in such account as Borrowers may from time to time designate to Administrative Agent in writing. The becoming due of any amount required to be paid under this Agreement or any of the other Loan Documents as principal, in Lender Letter of Credit reimbursement obligation, accrued interest and fees shall be deemed irrevocably to be an automatic request by Borrowers for a Revolving Advance, which shall be a Base Rate Loan on the Interest Escrow Account due date of, and in the amount required by Section 4.1H(iiito pay (as set forth on Administrative Agent's books and records), pro rata with any Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Datesuch principal, Lender Letter of Credit reimbursement obligation, accrued interest and second, in the Project Loans Proceeds Sub-Account. All proceeds of Term B Funded Non-Casino Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date shall be deposited first, in the Interest Escrow Account in the amount required by Section 4.1H(iii), pro rata with any Term B Funded Project Loans not otherwise used to repay the Refinanced Debt or pay Transaction Costs on the Closing Date, and second, in the Non-Casino Loans Proceeds Sub-Account. All proceeds of Local Term Loans borrowed on the Closing Date shall be deposited in the Local Currency Loans Account. All Term B Delayed Draw Loans not otherwise borrowed prior to the Term B Delayed Draw Loan Commitment Termination Date may be borrowed on the Term B Delayed Draw Loan Commitment Termination Date and deposited in the Project Loans Proceeds Sub-Account and the Non-Casino Loans Proceeds Sub-Account, as applicable, following delivery of a Borrowing Notice with respect to such Term B Delayed Draw Loans setting forth the information requested therebyfees.

Appears in 1 contract

Sources: Loan Agreement (Recoton Corp)