Borrowing of Loans Sample Clauses
Borrowing of Loans. (a) Subject to clause (c) below, on the proposed date of each Commercial Bank Loan Borrowing, each Commercial Bank Lender shall make a Commercial Bank Loan in the amount of its Commercial Bank Loan Commitment Percentage of such Commercial Bank Loan Borrowing by wire transfer of immediately available funds to the Commercial Banks Facility Agent, not later than 1:00 p.m., New York City time, and the Commercial Banks Facility Agent shall transfer and deposit the amounts so received as set forth in Section 2.01(c) (Commercial Bank Loans) for application in accordance with Section 5.02 (Construction Account) of the Accounts Agreement; provided that, if a Commercial Bank Loan Borrowing does not occur on the proposed Borrowing Date because any condition precedent to such requested Commercial Bank Loan Borrowing herein specified has not been met, the Commercial Banks Facility Agent shall return the amounts so received to each Commercial Bank Lender without interest as soon as possible.
(b) Subject to Section 4.04 (Obligation to Mitigate), each Commercial Bank Lender may (without relieving the Borrower of its obligation to repay a Commercial Bank Loan in accordance with the terms of this Agreement and the Commercial Bank Loan Notes) at its option fulfill its Commercial Banks Facility Commitments with respect to any such Commercial Bank Loan by causing any domestic or foreign branch or Affiliate of such Commercial Bank Lender to make such Commercial Bank Loan.
(c) Unless the Commercial Banks Facility Agent has been notified in writing by any Commercial Bank Lender prior to a proposed Borrowing Date that such Commercial Bank Lender will not make available to the Commercial Banks Facility Agent its portion of the Commercial Bank Loan Borrowing proposed to be made on such date, the Commercial Banks Facility Agent may assume that such Commercial Bank Lender has made such amounts available to the Commercial Banks Facility Agent on such date and the Commercial Banks Facility Agent in its sole discretion may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If such corresponding amount is not in fact made available to the Commercial Banks Facility Agent by such Commercial Bank Lender and the Commercial Banks Facility Agent has made such amount available to the Borrower, the Commercial Banks Facility Agent shall be entitled to recover on demand from such Commercial Bank Lender such corresponding amount plus interest on such correspond...
Borrowing of Loans. (a) The Borrowing of Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent. Such notice must be received by the Administrative Agent not later than 11:00 a.m. one Business Day prior to the requested date of such Borrowing of Loans. The Loan Notice (whether telephonic or written) shall specify (i) the requested date of the Borrowing (which shall be the Closing Date), and (ii) the principal amount of Loans to be borrowed.
(b) Following receipt of the Loan Notice, the Administrative Agent shall promptly notify each Lender of the contents of such Loan Notice. Each Lender shall make the amount of its Loan available to the Administrative Agent in immediately available funds at the Administrative Agent’s Office not later than 9:00 a.m. on the Closing Date. Upon satisfaction of the conditions set forth in Section 4.01, the Administrative Agent shall use reasonable efforts to make all funds so received available to the Borrower in like funds by no later than 9:00 a.m. on the Closing Date in accordance with instructions provided to the Administrative Agent by the Borrower.
Borrowing of Loans. The obligations of the Commercial Bank Lenders to make payments pursuant to this Section 10.08(b) are several and not joint and shall survive the payment in full of the Obligations and the termination of this Agreement. The failure of any Commercial Bank Lender to make payments on any date required hereunder shall not relieve any other Commercial Bank Lender of its corresponding obligation to do so on such date, and no Commercial Bank Lender shall be responsible for the failure of any other Commercial Bank Lender to do so.
Borrowing of Loans. 35 2.03 Settlement of Bank Advances and Repayments .......................... 37 2.04 Periodic Settlement of Agent and Bank Advances and Repayments ....... 37
Borrowing of Loans. (a) To request the Borrowing of the Loans, the Borrower shall give to the Administrative Agent a written borrowing notice substantially in the form of Exhibit G (the “Borrowing Notice”), appropriately completed and signed by a Responsible Officer of the Borrower not later than 10:00 a.m. (New York City time) two Business Day prior to the proposed Closing Date. The Borrowing Notice shall specify (i) the proposed Closing Date (which shall be a Business Day), (ii) the principal amount of the Dollar Loans to be borrowed, which shall not be in excess of the Dollar Commitments, (iii) the principal amount of the Peso Loans to be borrowed, which shall not be in excess of the Peso Commitments, (iv) if applicable, the duration of the Interest Period with respect thereto, and (v) an irrevocable instruction to the Administrative Agent and the Paying Agent to transfer the proceeds of the Borrowing of the Loans pursuant to a funds flow memorandum dated on or about such Closing Date from the Borrower to the Administrative Agent, substantially in the form of Exhibit H (the “Flow of Funds Memorandum”). If the Borrower requests a Borrowing of the Loans in a total aggregate amount which is less than the sum of each Lender’s Commitment, then, the Loans shall be reduced pro rata among each Lender in accordance with its respective Commitment. The Borrowing Notice shall be effective upon receipt by the Administrative Agent and shall be irrevocable and binding on the Borrower.
(b) Following receipt of a Borrowing Notice, the Administrative Agent shall promptly notify each Lender of the amount of the Loan required to be made by such Lender in accordance with the Borrowing Notice. Each Lender shall make the amount of its Loan available to the Administrative Agent in immediately available funds at the applicable Agent’s Office (or, with respect to the Peso Loans, to the Paying Agent at its applicable Agent’s Office) not later than 12:00 p.m. (New York City time) on the date specified in the Borrowing Notice as the proposed Closing Date. Upon satisfaction of the applicable conditions set forth in Section 5.1, the Administrative Agent shall remit all funds so received in like funds as received by the Administrative Agent (or the Paying Agent, as applicable) by wire transfer of such funds to the account or accounts identified for such purpose in the Flow of Funds Memorandum.
(c) Unless the Administrative Agent shall have received notice from a Lender prior to the Closing Date that such...
Borrowing of Loans. On the Closing Date, upon satisfaction of the conditions set forth in Section 4.01, the Initial Lender shall promptly make the total Commitment available to the Borrower in immediately available funds, in accordance with instructions provided to the Initial Lender by the Borrower.
Borrowing of Loans. It is contemplated that Loans will be made available to the Company directly by the Tranche 2 Banks ("Bank Advances") and, in the circumstances described in Section 2.02(b), from the Administrative Agent acting on behalf of the Tranche 2 Banks ("Agent Advances"). The Company hereby agrees to execute and deliver to each Tranche 2 Bank, upon the request of each such Tranche 2 Bank, a Note in the form of Exhibit I to evidence the Loans to the Company by such Tranche 2 Bank. Any Bank that at any time is owed principal or interest on Loans may (but shall not be obligated to) request (and the Company shall promptly comply therewith) that it be issued a Note to evidence such Loans to the Company.
Borrowing of Loans. (a) Subject to Section 2.03(d), each Borrowing shall consist of Loans made by the Lenders ratably in accordance with their respective Commitment Percentages and shall consist of Eurodollar Loans or Base Rate Loans as a Borrower may request, or as otherwise provided, pursuant to Section 2.02 (
Borrowing of Loans. (a) The borrowing of Loans shall be made upon each Borrower’s irrevocable notice to the Lender on behalf of a particular Fund specifying the information in the Loan Notice, including the applicable Fund for which such borrowing is requested and the proposed borrowing date (the “Borrowing Date”). Unless waived by the Lender, such notice must be received by the Lender not later than 1:30 p.m. (Chicago time) on the requested date of the borrowing, which shall be a Business Day. Each such notice by each Borrower pursuant to this Section 2.02(a) must be made by delivery to the Lender of a written Loan Notice (transmitted to the Lender by email), appropriately completed and signed by a Responsible Officer of each Borrower.
(b) Upon satisfaction of the applicable conditions set forth in Section 4.01, the Lender shall make the proceeds of such Loan available to the borrowing Borrower on behalf of the applicable Fund by forwarding such proceeds as directed by such Borrower in the applicable Loan Notice.
Borrowing of Loans. 17 2.03. Changes of Commitments ........................................................................ 17 2.04. Lending Offices ....................................................................................... 17 2.05.