Common use of Borrowing Mechanics Clause in Contracts

Borrowing Mechanics. Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount. Whenever Company desires that Lenders make a Loan it shall deliver to Lenders a Notice of Borrowing no later than 12:00 noon (New York City time) at least one Business Day in advance of the proposed Funding Date. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day) and (ii) the amount of the Loan requested. In lieu of delivering the above described Notice of Borrowing, Company may give Lenders telephonic notice by the required time of any proposed borrowing under this subsection 2.1B; provided that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders on or before the applicable Funding Date. No Lender shall incur any liability to Company in acting upon any telephonic notice referred to above that such Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Company or for otherwise acting in good faith under this subsection 2.1B, and upon funding of Loans by such Lender in accordance with this Agreement pursuant to any such telephonic notice Company shall have effected Loans hereunder. Company shall notify Lenders prior to the funding of any Loans in the event that any of the matters to which Company is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Date, and the acceptance by Company of the proceeds of any Loans shall constitute a re-certification by Company, as of the applicable Funding Date, as to the matters to which Company is required to certify in the applicable Notice of Borrowing.

Borrowing Mechanics. Term Loans or Revolving Loans made on any Funding Date (other than Revolving Loans made pursuant to subsection 3.3B) shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 250,000 in excess of that amount; provided that Term Loans or Revolving Loans made on any -------- Funding Date as Eurodollar Rate Loans with a particular Interest Period shall be in an aggregate minimum amount of $1,000,000 and multiples of $500,000 in excess of that amount. Whenever Company desires that Lenders make a Loan Term Loans or Revolving Loans it shall deliver to Lenders Agent a Notice of Borrowing no later than 12:00 noon 1:00 P.M. (New York City time) at least one three Business Day Days in advance of the proposed Funding Date. The Notice Date (in the case of Borrowing shall specify (ia Eurodollar Rate Loan) or on the proposed Funding Date (which shall in the case of a Base Rate Loan). Term Loans and Revolving Loans may be a Business Day) continued as or converted into Base Rate Loans and (ii) Eurodollar Rate Loans in the amount of the Loan requested. manner provided in subsection 2.2D. In lieu of delivering the above described a Notice of Borrowing, Company may give Lenders Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.1B; provided that such notice shall be -------- promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders Agent on or before the applicable Funding Date. No Neither Agent nor any Lender shall incur any liability to Company in acting upon any telephonic notice referred to above that such Lender Agent believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Company or for otherwise acting in good faith under this subsection 2.1B2.1B or under subsection 2.2D, and upon funding of Loans by such Daily Funding Lender and/or Lenders, and upon conversion or continuation of the applicable basis for determining the interest rate with respect to any Loans pursuant to subsection 2.2D, in each case in accordance with this Agreement Agreement, pursuant to any such telephonic notice Company shall have effected Loans or a conversion or continuation, as the case may be, hereunder. Company shall notify Lenders Agent prior to the funding of any Loans in the event that any of the matters to which Company is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Date, and the acceptance by Company of the proceeds of any Loans shall constitute a re-certification by Company, as of the applicable Funding Date, as to the matters to which Company is required to certify in the applicable Notice of Borrowing. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Notice of Borrowing for, or a Notice of Conversion/Continuation for conversion to, or continuation of, a Eurodollar Rate Loan (or telephonic notice in lieu thereof) shall be irrevocable on and after the date given, and Company shall be bound to make a borrowing or to effect a conversion or continuation in accordance therewith. Notwithstanding the foregoing provisions of this subsection 2.1B, no Eurodollar Rate Loans may be made and no Base Rate Loan may be converted into a Eurodollar Rate Loan until the earlier of the ninetieth day after the Closing Date and the date specified by Agent to Company on which the primary syndication of the Commitments and the Loans has been completed.

Borrowing Mechanics. Loans made on any Funding the Closing Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amountBase Rate Loans. Whenever Company desires that Lenders make a Loan it shall deliver to Lenders Administrative Agent a duly executed Notice of Borrowing no later than 12:00 noon (New York City time) at least one Business Day in advance of on the proposed Funding Closing Date. The Notice of Borrowing shall specify (i) Loans may be continued as or converted into Base Rate Loans and LIBOR Loans in the proposed Funding Date (which shall be a Business Day) and (ii) the amount of the Loan requested. manner provided in subsection 2.2D. In lieu of delivering the above described a Notice of Borrowing, Company may give Lenders Administrative Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.1B; provided that such notice shall be promptly confirmed in writing by delivery of a duly executed Notice of Borrowing to Lenders Administrative Agent on or before the applicable Funding Closing Date. No Neither Administrative Agent nor any Lender shall incur any liability to Company in acting upon any telephonic notice referred to above that such Lender Administrative Agent believes in good faith to have been given by a duly authorized officer an Officer or other person authorized to borrow on behalf of Company or for otherwise acting in good faith under this subsection 2.1B2.1B or under subsection 2.2D, and upon funding of Loans by such Lender Lenders, and upon conversion or continuation of the applicable basis for determining the interest rate with respect to any Loans pursuant to subsection 2.2D, in each case in accordance with this Agreement Agreement, pursuant to any such telephonic notice Company shall have effected Loans or a conversion or continuation, as the case may be, hereunder. Company shall notify Lenders Administrative Agent prior to the funding of any Loans in the event that any of the matters to which Company is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Closing Date, and the acceptance by Company of the proceeds of any Loans shall constitute a re-certification by Company, as of the applicable Funding Closing Date, as to the matters to which Company is required to certify in the applicable Notice of Borrowing. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Notice of Borrowing for or a Notice of Conversion/Continuation for conversion to, or continuation of, a LIBOR Loan (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Company shall be bound to make a borrowing or to effect a conversion or continuation in accordance therewith. Notwithstanding the foregoing provisions of this subsection 2.1B, no LIBOR Loans may be made and no Base Rate Loan may be converted into a LIBOR Loan until the earlier of the seventh day after the Closing Date and the date specified by Administrative Agent to Company on which the primary syndication of the Commitments and the Loans has been completed.

Borrowing Mechanics. Term Loans or Revolving Loans made on any Funding Date (other than a Revolving Loan made for the purpose of reimbursing any Issuing Bank for the amount of a drawing or payment under a Letter of Credit issued by it) shall be in an aggregate minimum amount of $500,000 50,000 and integral multiples of $100,000 25,000 in excess of that amount. Whenever Company the Borrower desires that Lenders Banks make a Loan Term Loans or Revolving Loans it shall deliver to Lenders the Agent a Notice of Borrowing no later than 12:00 noon Noon (New York City time) ), at least one Business Day in advance of the proposed Funding Date. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day) and (ii) the amount of the Loan requested. In lieu of delivering the above above-described Notice of BorrowingBorrowing , Company the Borrower may give Lenders the Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.1BSection 2.1.2; provided PROVIDED that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders the Agent on or before the applicable Funding Date. No Lender Neither the Agent nor any Bank shall incur any liability to Company any Loan Party in acting upon any telephonic notice referred to above that such Lender the Agent believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Company the Borrower or for otherwise acting in good faith under this subsection 2.1BSection 2.1.2, and upon funding of Loans by such Lender Banks in accordance with this Agreement pursuant to any such telephonic notice Company the Borrower shall have effected Loans hereunder. Company The Borrower shall notify Lenders the Agent prior to the funding of any Loans in the event that any of the matters to which Company the Borrower is required to certify in the applicable Notice of Borrowing is are no longer true and correct as of the applicable Funding Date, and the acceptance by Company the Borrower of the proceeds of any Loans shall constitute a re-certification recertification by Companythe Borrower, as of the applicable Funding Date, as to the matters to which Company is required to certify in the applicable Notice of Borrowing.

Borrowing Mechanics. Loans Advances made on any Funding Date shall be in an aggregate minimum amount of Five Million Dollars ($500,000 and integral multiples of $100,000 in excess of that amount5,000,000.00). Whenever Company Borrower desires that Lenders make a Loan Advances, it shall deliver to Lenders Agent a Notice of Borrowing no later than 12:00 noon 10:00 A.M. (New York City time) at least one three Business Day Days in advance of the proposed Funding Date. The Each Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day) and ), (ii) the amount of the Loan Advances requested, (iii) the account to which the Advances shall be wired, and (iv) that no other Funding Date shall have occurred within the 30 days immediately preceding the proposed Funding Date. In lieu of delivering the above described Notice of Borrowing, Company Borrower may give Lenders Agent telephonic notice by the required time of any proposed borrowing Advances under this subsection 2.1BSection 2.1.2; provided provided, however, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders Agent on or before the applicable Funding Date. No Neither Agent nor any Lender shall incur any liability to Company Borrower in acting upon any telephonic notice referred to above that such Lender Agent believes in good faith to have been given by a duly authorized officer or other person Person authorized to borrow on behalf of Company Borrower or for otherwise acting in good faith under this subsection 2.1BSec- tion 2.1.2, and upon funding of Loans Advances by such Lender Lenders in accordance with this Agreement pursuant to any such telephonic notice Company Borrower shall have effected Loans Advances hereunder. Company Borrower shall notify Lenders Agent (who shall notify Lenders) prior to the funding of any Loans Advances in the event that any of the matters to which Company Borrower is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Date, and the acceptance by Company Borrower of the proceeds of any Loans Advances shall constitute a re-re- certification by CompanyBorrower, as of the applicable Funding Date, as to the matters to which Company Borrower is required to certify in the applicable Notice of Borrowing.

Borrowing Mechanics. Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount. Whenever Company desires that Lenders make a Loan it shall deliver to Lenders Administrative Agent a Notice of Borrowing no later than 12:00 noon 10:00 A.M. (New York City time) at least one Business Day Days in advance of the proposed Funding Restatement Closing Date. The Notice of Borrowing shall specify (i) the proposed Funding Restatement Closing Date (which shall be a Business Day) and (ii) the amount of Loans requested. Loans may be continued as or converted into Base Rate Loans and Eurodollar Rate Loans in the Loan requestedmanner provided in subsection 2.6. In lieu of delivering the above above-described Notice of Borrowing, Company may give Lenders Administrative Agent telephonic notice by the required time of any proposed borrowing under this subsection subsec tion 2.1B; provided that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders Paying Agent on or before the applicable Funding Restatement Closing Date. No Neither Administrative Agent nor any Lender shall incur any liability to Company in acting upon any telephonic notice referred to above that such Lender Administrative Agent reasonably believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Company or for otherwise acting in good faith under this subsection subsec tion 2.1B, and upon funding of Loans by such Lender Lenders in accordance with this Agreement pursuant to any such telephonic notice Company shall have effected Loans hereunder. Company shall notify Lenders prior to the funding of any Loans Except as otherwise provided in the event that any of the matters to which Company is required to certify in the applicable subsection 2.6, a Notice of Borrowing is no longer true for a Eurodollar Rate Loan (or telephonic notice in lieu thereof) shall be irrevocable on and correct as of after the applicable Funding related Interest Rate Determination Date, and the acceptance by Company of the proceeds of any Loans shall constitute be bound to make a re-certification by Company, as of the applicable Funding Date, as to the matters to which Company is required to certify borrowing in the applicable Notice of Borrowingaccordance therewith.

Borrowing Mechanics. Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount. Whenever Company desires that Lenders make a Loan the Loans it shall deliver to Lenders Administrative Agent a Notice of Borrowing no later than 12:00 noon 10:00 A.M. (New York City time) at least one Business Day in advance of the proposed Funding Closing Date. The Notice of Borrowing shall specify (i) the proposed Funding Closing Date (which shall be a Business Day) and ), (ii) the amount of Loans requested, and (iii) that such Loans shall initially be Base Rate Loans. Loans may be continued as or converted into Base Rate Loans and Eurodollar Rate Loans in the Loan requested. manner provided in subsection 2.2D. In lieu of delivering the above above-described Notice of Borrowing, Company may give Lenders Administrative Agent telephonic notice by the required time of any proposed borrowing under this subsection 2.1B; provided that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders Administrative Agent on or before the applicable Funding Closing Date. No Neither Administrative Agent nor any Lender shall incur any liability to Company in acting upon any telephonic notice referred to above that such Lender Administrative Agent believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Company or for otherwise acting in good faith under this subsection 2.1B, and upon funding receipt by Company of the proceeds of any Loans funded by such Lender Lenders in accordance with this Agreement pursuant to any such telephonic notice Company shall have effected Loans hereunder. Company shall notify Lenders Administrative Agent prior to the funding of any the Loans in the event that any of the matters to which Company is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Closing Date, and the acceptance by Company of the proceeds of any the Loans shall constitute a re-certification by Company, as of the applicable Funding Closing Date, as to the matters to which Company is required to certify in the applicable Notice of Borrowing. Except as otherwise provided in subsections 2.6B, 2.6C and 2.6G, a Notice of Borrowing for a Eurodollar Rate Loan (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Company shall be bound to make a borrowing in accordance therewith.

Borrowing Mechanics. Loans made on any Funding Date shall be in an aggregate minimum amount of $500,000 and integral multiples of $100,000 in excess of that amount. (a) Whenever Company Borrower desires that Lenders Lender make a Loan it shall deliver to Lenders Lender a Notice of Borrowing in the form of Exhibit B annexed hereto no later than 12:00 noon 2:00 p.m. (New York City Seattle time) at least one Business Day in advance of on the proposed Funding Date. The Notice of Borrowing shall specify (i) the proposed Funding Date (which shall be a Business Day) ), and (ii) the amount of the Loan Loans requested. In lieu of delivering the above above-described Notice of Borrowing, Company Borrower may give Lenders Lender telephonic notice by the required time of any proposed borrowing under this subsection 2.1BSection 4.1; provided provided, that such notice shall be promptly confirmed in writing by delivery of a Notice of Borrowing to Lenders Lender on or before the applicable Funding Date. No ; provided further, that if Borrower maintains a loan sweep service connected to an account of Lender that provides for advances under the Revolving Credit Commitment, then a Notice of Borrowing is not required for Revolving Credit Loans. (b) Lender shall not incur any liability to Company Borrower in acting upon any telephonic notice referred to above that such Lender believes in good faith to have been given by a duly authorized officer or other person authorized to borrow on behalf of Company Borrower or for otherwise acting in good faith under this subsection 2.1BSection 4.1, and upon funding of Loans by such Lender in accordance with this Agreement pursuant to any such telephonic notice Company notice, Borrower shall have effected Loans hereunder. Company . (c) Borrower shall notify Lenders Lender prior to the funding of any Loans in the event that any of the matters to which Company Borrower is required to certify in the applicable Notice of Borrowing is no longer true and correct as of the applicable Funding Date, and the acceptance by Company Borrower of the proceeds of any Loans shall constitute a re-certification by CompanyBorrower, as of the applicable Funding Date, as to the matters to which Company Borrower is required to certify in the applicable Notice of Borrowing.