Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (Ferro Corp), Credit Agreement (Ferro Corp)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon p.m. on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 10:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.. Notwithstanding the foregoing, any Borrowing Request with respect to any Loan required to be delivered prior to the Closing Date may be delivered by Acquisition Co.
Appears in 2 contracts
Sources: Credit Agreement (Swift Holdings Corp.), Credit Agreement (Swift Holdings Corp.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon (New York time) on a Business Day, a Borrower (or the Borrowers Administrative Borrower on behalf of such Borrower) may from time to time irrevocably request, on the same day as the proposed date of the Borrowing in the case of Base Rate Loans, or on three (3) Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five (5) Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m. (New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 11:00 a.m. 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or (which the Term Loan Administrative Agent, as applicable, Agent shall promptly transmit to the Lenders) on or before 12:00 noon on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 3,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the Revolving Loan Commitment. The Borrowing Request shall include the Stated Maturity Date of the Loan which shall not be longer than six months from the requested issuance date of the Loan. With respect to the applicable CommitmentInterest Period, the Borrower will designate an interest period of one, two, three or six months in the Borrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds Same Day Funds in an amount equal to such Lender’s Revolving Loan Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds Same Day Funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing RequestRequest no later than 12:00 noon on the date of the borrowing. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 11:00 A.M., New York time, on a Business Day, the Borrowers ▇▇▇▇▇▇▇ may from time to time irrevocably request, request (on the proposed date of the Borrowing in the case of Base Rate Loans, or on not less than three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not nor more than five Business Days’ notice' notice with respect to a Eurocurrency Rate Loan, or on no and not less than one nor more than five Business Days’, and no more than ten Business Days’ ' notice in the case of Alternate Currency Loans, with respect to Prime Rate Loan) that a Borrowing of Revolving Loans be mademade to the Borrower specified by ▇▇▇▇▇▇▇ in an Available Currency, if in the case of LIBO Rate LoansDollars, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 2,000,000 and an integral multiple of $100,000 oror if in another Available Currency, in either casea minimum amount of the Dollar Amount of $2,000,000 and an integral multiple of 100,000 units of such Available Currency, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type same Rate Option of Loans (and, in the case of Eurocurrency Rate Loans, the same Available Currency), and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In The proceeds of each Borrowing shall be advanced to the case of other than Swing Line Loans, on Borrower specified in the applicable Borrowing Request. On or before 11:00 a.m. 10:00 A.M., New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in the applicable Available Currency in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to such accounts which the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower specified by ▇▇▇▇▇▇▇ by wire transfer to the account such Borrower accounts as ▇▇▇▇▇▇▇ shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (Simpson Industries Inc), Credit Agreement (Simpson Industries Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:00 a.m. on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 1,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment; provided that, all of the Loans made on the Closing Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower Borrowers by wire transfer to the account such Borrower accounts the Borrowers shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Sabre Industries, Inc.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon (New York time) on a Business Day, a Borrower (or the Borrowers Administrative Borrower on behalf of such Borrower) may from time to time irrevocably request, on the same day as the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m. (New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 11:00 a.m. 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (Winn Dixie Stores Inc), Credit Agreement (Winn Dixie Stores Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon p.m. on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 10:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.. Notwithstanding the foregoing, any Borrowing Request with respect to any Loan required to be delivered prior to the Closing Date may be delivered by Acquisition Co.
Appears in 2 contracts
Sources: Credit Agreement (Swift Transportation Co Inc), Credit Agreement (Swift Transportation Co Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 1:00 p.m., Charlotte time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of Revolving Loans which are Base Rate Loans, in a minimum amount of $2,000,000 and an integral multiple of $1,000,000 and in the case of Revolving Loans which are LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 3,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment1,000,000. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. Promptly after receipt of a Borrowing Request, the Administrative Agent shall provide a notice to the applicable Lenders specifying the global amount of the Borrowing, such Lender’s pro rata share thereof, the type of Loan, and, in the case of LIBO Rate Loans, the Interest Period with respect thereto. In the case of other than Swing Line Loans, on or before 11:00 a.m. 2:00 p.m. (Charlotte time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 2 contracts
Sources: Senior Secured Credit Agreement (Titan Corp), Senior Secured Credit Agreement (Titan Corp)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 2:00 p.m., New York City time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment, or, in the case of Refunded Swing Line Loans, the amount thereof. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. 12:00 noon (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (KSL Recreation Group Inc), Credit Agreement (KSL Recreation Group Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers each Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 2,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 a.m. 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 2 contracts
Sources: Credit Agreement (World Almanac Education Group Inc), Credit Agreement (WRC Media Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:00 a.m. (Houston, Texas time) on a or before the fifth-to-last Business DayDay of each month, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more less than five (5) Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 100,000 and an integral multiple of $1,000,000 (25,000, or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable CommitmentCommitment Amount; provided, however, that the Borrower may not request a Borrowing to be made more than once during any one calendar month. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, Request on or before 11:00 a.m. on 1:00 p.m. (Houston, Texas time). On such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to an account located in the applicable account State of New York which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.; provided that if any Lender (other than a Lender that is an Affiliate of the Administrative Agent) fails to make a Loan, following a request from the Borrower,
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Swingline Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Eurocurrency Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Eurocurrency Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of Loans (other than Swing Line Swingline Loans), on or before 11:00 a.m. 2:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Revolving Loan Percentage of the requested Borrowing. Such deposit will be made to the applicable account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Ferro Corp)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon p.m. on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing that same Business Day in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, (x) in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 1,000,000 and an integral multiple of $1,000,000 500,000, (or the Dollar Equivalent thereof), y) in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, 500,000 or (z) in either case, in the unused amount of the applicable Commitment; provided, however, that all of the Loans made on the Effective Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 1:00 p.m. on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan Loans shall be affected by any other Lender’s failure to make any LoanLoans.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 9:00 a.m., New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on not less than three (3) nor more than five (5) Business Days’ notice in the proposed date case of LIBOR Loans, and on the Borrowing same day or no more than five (5) Business Days’ notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 (or 3,000,000 in the Dollar Equivalent thereof) case of LIBOR Loans, and an integral multiple in a minimum amount of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, and in a minimum amount of $1,000,000 and an both instances in any integral multiple of $100,000 orin excess thereof, in either case, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type same Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by a Responsible Officer of the case Borrower. Upon receipt of other than Swing Line Loansany Borrowing Request, on the Agent shall promptly notify the Lenders of such Borrowing Request. On or before 11:00 a.m. a.m., New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative the Agent shall specify from time to time by written notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing RequestBorrower’s Account. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan. Swing Line Loans shall not be subject to this Section 2.3.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 11:00 a.m., New York City time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on not less than three (3) nor more than five (5) Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLIBOR Loans, and in either case not on the same day or no more than five (5) Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ ' notice in the case of Alternate Currency Prime Rate Loans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), 100,000 in the case of Base Rate LIBOR Loans, and in a minimum amount of $1,000,000 50,000 in the case of Prime Rate Loans, and an in both instances in any integral multiple of $100,000 or50,000 in excess thereof, in either case, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by a Responsible Officer of the case Borrower. Upon receipt of other than Swing Line Loansany Borrowing Request, on the Agent shall promptly notify the Lenders of such Borrowing Request. On or before 11:00 a.m. 1:00 p.m., New York City time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative the Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have accounts specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon noon, New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing same Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, (a) in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a aggregate minimum amount of $1,000,000 and an integral multiple of $100,000 1,000,000, (b) in the case of Base Rate Loans, in an aggregate minimum amount of $1,000,000 and an integral multiple of $1,000,000 or, in either case, in the unused amount of the Loan Commitment; provided, that no LIBO Rate Loans may be advanced when any Default or Borrowing Base Deficiency has occurred and is continuing. Each such irrevocable request may be made by telephone confirmed promptly by hand delivery, electronic mail or facsimile to the Administrative Agent of the applicable CommitmentBorrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. a.m., New York time, on such Business Day (or 3:00p.m., New York time, in the case of a Base Rate Loan requested on the same Business Day), each Lender that has a Loan Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Dynamic Offshore Resources, Inc.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 2:00 p.m., New York City time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment, or, in the case of Refunded Swing Line Loans, the amount thereof. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. 12:00 noon (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan. SECTION II.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers each Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 2,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 a.m. 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's RL Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (WRC Media Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment; provided that all of the initial Loans shall be made as Base Rate Loans. Notwithstanding the foregoing, any such request for Term Loans shall be in a minimum amount of $10,000,000 and in integral multiples thereof of $10,000,000, or in the unused amount of the Term Loan Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Ferro Corp)
Borrowing Procedure. In The Borrower may from time to time irrevocably request that a Borrowing be made in a minimum amount of (i) $1,000,000 for Prime Rate Loans and (ii) $5,000,000 for LIBOR Loans, and in an integral multiple of $1,000,000 or, if less, in the case unused amount of Loans (other than the Commitment Amount or outstanding Swing Line Loans), Advance. Such request shall be made by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day10:00 a.m., the Borrowers may from time to time irrevocably requestCentral Time, (x) on the proposed date Business Day of the such Borrowing in the case of Base a Prime Rate Loans, or Borrowing and (y) on a Business Day not less than three Business Days’ notice Days in the case advance of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable CommitmentLIBOR Borrowing. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In With respect to any Borrowing, the case Administrative Agent shall have given each of other than Swing Line Loansthe Lenders notice of such Borrowing on or before 10:30 a.m., Central Time, on the date of such Borrowing and on or before 11:00 a.m. a.m., Central Time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Pogo Producing Co)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 10:00 a.m., New York time (in the case of Base Rate Loan) or 12:00 noon (in the case of a LIBO Rate Loan), on a Business Day, the Borrowers each Borrower may from time to time irrevocably request, request on the proposed date of the Borrowing such Business Day in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 3,000,000 and an integral multiple of $100,000 1,000,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 12:00 noon, New York time (or, if later, two hours following the Administrative Agent's providing of notice to such Lender of such Borrowing Request), on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on a Business Day on or before 12:00 noon on a Business Day10:00 a.m. (New York City time), the Borrowers Borrower may from time to time irrevocably request, on the proposed date request a Loan to be made (a) (i) in respect of the any Borrowing in the case comprised of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsDollars bearing interest at the LIBO Rate, and in either case on not less than three nor more than five Business Days’ notice, or and in respect of any Borrowing comprised of (ii) Loans denominated in an Alternate Currency bearing interest at the LIBO Rate, on no not less than five Business Days’, and no nor more than ten Business Days’ , notice and (b) in respect of any Borrowing comprised of Loans denominated in Dollars bearing interest at the Alternate Base Rate, on not less than one Business Day’s notice. Each Borrowing Request must be in an aggregate minimum amount of $10,000,000 and in integral multiples of $1,000,000, or the Foreign Currency Equivalent thereof in the case of Loans made in an Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable CommitmentCurrency. On Subject to the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and specified in the Currency specified Borrowing Request therefor. On such Business Day, each Lender shall deposit in such Borrowing Request. In an account maintained with the case of other than Swing Line LoansAgent same day funds, on or before 11:00 a.m. (New York City time) (or, in the case of Loans denominated in a currency other than Dollars, on such Business Day each Lender that has or before a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds mutually agreed upon time), in an amount equal to such Lender’s Percentage of the requested Borrowing. Such Borrowing in the relevant currency, such deposit will to be made to such account as the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line ------------------- Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon noon, New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on not less than three Business Days’ ' notice in the case of LIBO Fixed Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, made in a minimum amount of $1,000,000 and an integral multiple of $100,000 or500,000, in either case, or in the unused amount of the applicable Commitment; provided, however, that all initial Loans shall be made as Base Rate -------- ------- Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. a.m., New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Primestar Inc)
Borrowing Procedure. In The Borrower may from time to time irrevocably request that a Borrowing be made in a minimum amount of (i) $1,000,000 for Prime Rate Loans and (ii) $5,000,000 for LIBO Rate Loans, and in an integral multiple of $1,000,000 or in the case of Loans (other than Swing Line Loans)a Revolving Loan, in the unused amount of the Revolving Loan Commitment Amount. Such request shall be made by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day10:00 a.m. United States Central time, the Borrowers may from time to time irrevocably request, (x) on the proposed date Business Day of the such Borrowing in the case of Base a Prime Rate Loans, or Borrowing and (y) on a Business Day not less than three Business Days’ notice Days in the case advance of a LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable CommitmentBorrowing. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In With respect to any Borrowing, the case Agent shall have given each of other than Swing Line Loans, the Lenders notice of such Borrowing on or before 10:30 a.m. United States Central time on the date of such Borrowing and on or before 11:00 a.m. United States Central time on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative the Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Pogo Producing Co)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon (New York time) on a Business Day, a Borrower (or the Borrowers Administrative Borrower on behalf of such Borrower) may from time to time irrevocably request, on the same day as the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m. (New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 11:00 a.m. 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative the Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:00 a.m. on a Business DayDay during a calendar month, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more less than five ten (10) Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, . Such Borrowing shall be for the amount specified in the case of LIBO Rate Loans, relevant Borrowing Request and any Borrowing shall be made in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) US$1,000,000 and in an integral multiple of $1,000,000 (US$1,000,000, or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable CommitmentCommitments, and no Borrowing shall be made on or after the Commitment Termination Date. The Borrower may not request more than two (2) Borrowings in any one calendar month. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request; provided that if within two (2) Business Days of receipt of a Borrowing Request, the Administrative Agent advises the Borrower that one or more Lenders has notified the Administrative Agent in writing that it cannot make the requested advance on the date requested in the Borrowing Request, then the Lenders shall have an additional three Business Days to make the requested advance. In On the case terms and subject to the conditions of other than Swing Line Loansthis Agreement, on or before 11:00 a.m. (Toronto time) on such Business Day Day(s) each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit deposit(s) will be made to the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing RequestAgent’s Account for Payments. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit and Guarantee Agreement (Lithium Americas Corp.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 11:00 a.m. (New York City, New York time) on a Business Day, the Borrowers any Borrower may from time to time irrevocably request, ,
(a) on the proposed date of the Borrowing such Business Day (but in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case any event not more than five Business Days’ ' notice) in the case of ABR Loans, or or
(b) on no not less than five three (but in any event not more than five) Business Days’, and no more than ten Business Days’ ' notice in the case of Alternate Currency Eurodollar Loans, ,
(c) that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate ABR Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000, in the case of Eurodollar Loans, in a 44 minimum amount of $5,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 1:00 p.m. (New York City, New York time) on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable such Borrower by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Dollar Thrifty Automotive Group Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon noon, New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 500,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 500,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment; PROVIDED, HOWEVER, that all initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. 1:00 p.m. (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Titan Corp)
Borrowing Procedure. In (a) With the case exception of the Loans made on the Effective Date, the Loans under Sections 2.01 and 2.02 shall be made upon at least three (3) full Business Days' prior notice from the Company to the Agent and each Bank (a "Notice of Borrowing"). Each such Notice of Borrowing shall specify (i) the Borrowing Date, (ii) the total amount of the proposed Loans (other which shall be for not less than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, $1,000,000 and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof250,000), and (iii) whether such Loans are to be Prime Rate Loans or LIBOR Loans, and if such Loans are to be LIBOR Loans, the Rate Period applicable thereto.
(b) In connection with each Revolving Credit Borrowing to be used to fund the Company's purchase of additional Aviation Units, the Company shall (i) deliver, prior to the Borrowing Date set forth in the case Notice of Base Rate LoansBorrowing related to such Revolving Credit Borrowing, in to the Agent, with a minimum amount copy to each Bank, invoices, receipts, or other evidence of $1,000,000 and purchase (such evidence to be within seven (7) days prior to such Borrowing Date) showing an integral multiple of $100,000 or, in either case, in aggregate value thereof that is greater than or equal to the unused amount of the applicable CommitmentRevolving Credit Borrowing referred to in such Notice of Borrowing and (ii), pursuant to, and within the time periods specified by, Section 9.05(a), subject such Aviation Units to the Security Interest and execute and deliver to the Agent Security Documents, satisfactory to the Agent, to subject such Aviation Units to the Security Interest, and (iii) comply with each of the requirements set forth in clause (a) of the second paragraph of Section 7.11 in relation to such Aviation Units.
(c) The failure of any Bank to make the Loan(s) to be made by it as part of any Borrowing shall not relieve any other Bank of its obligation, if any, hereunder to make its Loan(s) on the date of such Borrowing, but no Bank shall be responsible for the failure of any other Bank to make the Loan(s) to be made by such other Bank on the date of any Borrowing.
(d) Not later than 11:00 a.m. (Dallas time) on the Borrowing Date for each Borrowing, each Bank shall make its Ratable Share of such Borrowing available at the Office of the Agent in immediately available funds. On each Borrowing Date, provided each Bank shall have made its Ratable Share of the terms and subject applicable Borrowing available to the conditions Agent as required by the immediately preceding sentence, the Agent shall pay the proceeds of such Borrowing in immediately available funds to or upon the order of the Company no later than 2:00 p.m. (Dallas time).
(e) Unless the Agent shall have received notice from a Bank prior to the date of any Borrowing that such Bank will not make available to the Agent such Bank's Ratable Share of such Borrowing, the Agent may assume that such Bank has made such Ratable Share available to the Agent on the date of such Borrowing in accordance with Subsection 2.03(d), and the Agent may, in reliance upon such assumption, make available to the Company on such date a corresponding amount. If and to the extent such Bank shall not have so made such Ratable Share available to the Agent, such Bank, upon demand, and the Company, within three (3) Business Days after demand, severally agree to repay to the Agent such corresponding amount together with interest thereon, for each day from the date such amount is made available to the Company until the date such amount is repaid to the Agent, at the federal funds rate. If such Bank shall repay to the Agent such corresponding amount, such amount so repaid shall constitute such Bank's Loan as part of such Borrowing for purposes of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon p.m. (noon) on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans' notice, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 2,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 500,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. 1:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 1:00 p.m., New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Revolving Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 1,000,000, in the case of Multi-Draw Term Loans or Rollover Delay-Draw Term Loans, in a minimum amount of $2,000,000 and an integral multiple of $1,000,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. Promptly after receipt of a Borrowing Request, the Administrative Agent shall provide a notice to the applicable Lenders specifying the global amount of the Borrowing, such Lender's pro rata share thereof, the type of Loan, and, in the case of LIBO Rate Loans, the Interest Period with respect thereto. In the case of other than Swing Line Loans, on or before 11:00 a.m. 2:00 p.m. (New York time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans and Other Currency Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 11:00 a.m. (which shall be London time, in the case of Other Currency Loans) on a Business Day, the Borrowers any Borrower may from time to time irrevocably request, (a) on the proposed date of the Borrowing same Business Day’s notice in the case of Base Rate Loans, or (b) on at least three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsDollars and (c) on at least four Business Days notice in the case of LIBO Rate Loans denominated in any Other Currency, and in either any such case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) of $10,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)of $1,000,000, in the case of Base Rate Loans, in a minimum amount of the Dollar Equivalent of $1,000,000 5,000,000 and an integral multiple of the Dollar Equivalent of $100,000 500,000 or, in either case, in the unused amount of the applicable $$/BREAK/$$END Commitment. .On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of the Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of (x) Loans (other than Swing Line Loans) denominated in Dollars, on or before 11:00 a.m. 2:00 p.m. on such Business Day and (y) Loans (other than Other Currency Swing Line Loans) denominated in an Other Currency, by such time as the Administrative Agent may determine to be necessary for such funds to be credited on such date in accordance with normal banking practices in the place of payment, each Lender that has a Commitment to make the Loans being requested (other than Participating Lenders, whose Other Currency Loans shall be made by the Administrative Agent in accordance with Section 2.3.3) shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower requesting such funds by wire transfer to the account accounts such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan. The Dollar Equivalent of any Loan denominated in any Other Currency shall be determined in accordance with Section 2.9.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:00 a.m. on a Business DayDay (of which the Administrative Agent shall inform the Lenders promptly upon receipt thereof), the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment; PROVIDED, HOWEVER, that all of the initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being -33- requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In The Borrower may from time to time irrevocably request that a Borrowing be made in a minimum amount of (i) $1,000,000 for Prime Rate Loans and (ii) $5,000,000 for LIBOR Loans, and in an integral multiple of $1,000,000 or, if less, in the case unused amount of Loans (other than the Commitment Amount or outstanding Swing Line Loans), Advance. Such request shall be made by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day10:00 a.m., the Borrowers may from time to time irrevocably requestHouston Time, (x) on the proposed date Business Day of the such Borrowing in the case of Base a Prime Rate Loans, or Borrowing and (y) on a Business Day not less than three Business Days’ notice Days in the case advance of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable CommitmentLIBOR Borrowing. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In With respect to any Borrowing, the case Administrative Agent shall have given each of other than Swing Line Loansthe Lenders notice of such Borrowing on or before 10:30 a.m., Houston Time, on the date of such Borrowing and on or before 11:00 a.m. a.m., Houston Time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Pogo Producing Co)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or (which the Term Loan Administrative Agent, as applicable, Agent shall promptly transmit to the Lenders) on or before 12:00 noon on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 3,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the Revolving Loan Commitment. The Borrowing Request shall include the Stated Maturity Date of the Loan which shall not be longer than six months from requested issuance date of the Loan. With respect to the applicable CommitmentInterest Period, the Borrower will designate an interest period of one, two, three or six months in the Borrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds Same Day Funds in an amount equal to such Lender’s Revolving Loan Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds Same Day Funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing RequestRequest no later than 12:00 noon on the date of the borrowing. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 10:00 a.m., New York time (in the case of Base Rate Loan) or 12:00 noon (in the case of a LIBO Rate Loan), on a Business Day, the Borrowers Borrower may from time to time irrevocably request, request on the proposed date of the Borrowing such Business Day in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 3,000,000 and an integral multiple of $100,000 1,000,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 12:00 noon, New York time (or, if later, two hours following the Administrative Agent's providing of notice to such Lender of such Borrowing Request), on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, Loans or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, made in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, 500,000 in the unused amount of the applicable Commitment; provided, however, that all of the initial Loans made on the Closing Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 1:00 p.m. on such Business Day of the requested Borrowing, each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
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Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to ------------------- the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 9:00 a.m., San Francisco time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on not less than three nor more than five (5) Business Days' notice in the proposed date case of LIBOR Loans, and on the Borrowing same day or no more than five (5) Business Days' notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 (or 3,000,000 in the Dollar Equivalent thereof) case of LIBOR Loans, and an integral multiple in a minimum amount of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, and in a minimum amount of $1,000,000 and an both instances in any integral multiple of $100,000 orin excess thereof, in either case, or in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by a Responsible Officer of the case Borrower. Upon receipt of other than Swing Line Loansany Borrowing Request, on the Agent shall promptly notify the Lenders of such Borrowing Request. On or before 11:00 a.m. a.m., San Francisco time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative the Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have accounts specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.. Swing Loans shall not be subject to this Section 2.3. ----------- 36
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Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:30 a.m., New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 2,500,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 2,500,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment; provided, however, that all initial Loans shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 12:00 noon, New York time, on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
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Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon p.m. on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing that same Business Day in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, (x) in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 1,000,000 and an integral multiple of $1,000,000 500,000, (or the Dollar Equivalent thereof), y) in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, 500,000 or (z) in either case, in the unused amount of the applicable Commitment; provided, however, that all of the Loans made on the Effective Date shall be made as Base Rate Loans. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on On or before 11:00 a.m. 1:00 p.m. on such Business Day Day, each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower Borrowers by wire transfer to the account such Borrower accounts the Borrowers shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
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Borrowing Procedure. In the case of Loans (other than Swing Line Revolving Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 11:00 a.m. on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 2,000,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. The Borrower shall be permitted to request that LIBO Rate Loans be made on the Closing Date so long as (i) the Borrower delivers a borrowing request to the Administrative Agent in a timely manner and in accordance with this Section prior to the Closing Date (as if this Section were in effect) and (ii) such borrowing request contains an acknowledgment and agreement by the Borrower that in the event any initial Loans are not made as LIBO Rate Loans in accordance with such borrowing request, the Borrower shall be liable for any loss or expense incurred by any Lender as a result thereof as if Section 4.4 were in effect at the time such borrowing request was delivered. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Revolving Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Stericycle Inc)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 before12:00 noon (New York time) on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the same day as the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 5,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of LIBO Rate Loans, on or before 11:00 a.m.(New York time), and in the case of Base Rate Loans other than Swing Line Loans, on or before 11:00 a.m. 3:00 p.m. (New York time), on such specified Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan."
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Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:00 a.m. on a Business Day, the Borrowers Parent Borrower may from time to time irrevocably request, on the proposed date of the Borrowing such Business Day in the case of Base Rate Loans, Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, Dollars or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency EURIBOR Rate Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable CommitmentCommitment and, in the case of EURIBOR Rate Loans, in a minimum amount of €5,000,000 and an integral multiple of €1,000,000. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. 12:00 noon on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Parent Borrower by wire transfer to the account such accounts the Parent Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Hanesbrands Inc.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon noon, New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing not less than one Business Day's notice in the case of Base Rate Loans, or on three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 500,000 and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)500,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 500,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. 1:00 p.m. (New York City time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Titan Corp)
Borrowing Procedure. In (a) Whenever the case of Loans Borrower desires to make a Borrowing with respect to the Loan Commitments (other than Swing Line Loansone resulting from a conversion or continuation pursuant to Section 2.3(c)), by delivering the Borrower shall deliver to the Agent a Borrowing Request, such Borrowing Request to be given prior to 10:00 A.M. (local time for the Revolving Loan Administrative Agent or Agent) at its Principal Office (i) the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date day of the request for such Borrowing in the case of Base Rate Loans, or on three and (ii) two (2) Business Days’ notice Days prior to the requested date of such Borrowing in the case of LIBO LIBOR Loans. Notices received after 10:00 A.M. shall be deemed received on the next Business Day. The Borrowing Request shall include any certificates or documentation required by Agent to be given in connection with the Borrowing. Each Borrowing Request shall be irrevocable and shall specify the aggregate principal amount of the Borrowing, the date of Borrowing (which shall be a Business Day), whether the Borrowing is to consist of Base Rate Loans denominated in Dollarsor LIBOR Loans (or both), whether the Borrowing is to be deposited into Borrower's demand deposit account maintained with Agent or wire transferred into another account (with appropriate wiring information) and in either case not more than five Business Days’ noticethe Interest Period chosen by the Borrower.
(b) Each Loan shall, or on no less than five Business Days’at the option of the Borrower, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case continued as or converted into part of LIBO Rate Loans, in a minimum amount of $5,000,000 (one or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case more Borrowings that shall consist entirely of Base Rate Loans, in a minimum amount Loans and LIBOR Loans only. Each Borrowing comprised of LIBOR Loans shall not be less than $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of other than Swing Line Loans, on or before 11:00 a.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable account which each Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.greater integral
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Revolving Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon noon, New York time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing same Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, (a) in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a aggregate minimum amount of $1,000,000 and an integral multiple of $100,000 1,000,000, (b) in the case of Base Rate Loans, in an aggregate minimum amount of $1,000,000 and an integral multiple of $1,000,000 or, in either case, in the unused amount of the Revolving Loan Commitment; provided, that no LIBO Rate Loans may be advanced when any Default or Borrowing Base Deficiency has occurred and is continuing. Each such irrevocable request may be made by telephone confirmed promptly by hand delivery, electronic mail or facsimile to the Administrative Agent of the applicable CommitmentBorrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Revolving Loans, on or before 11:00 a.m. a.m., New York time, on such Business Day (or 3:00p.m., New York time, in the case of a Base Rate Loan requested on the same Business Day), each Lender that has a Revolving Loan Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Revolving Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Revolving Lenders. To the extent funds are received from the Revolving Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Revolving Lender’s obligation to make any Loan shall be affected by any other Revolving Lender’s failure to make any Loan.
Appears in 1 contract
Sources: First Lien Credit Agreement (Energy Xxi (Bermuda) LTD)
Borrowing Procedure. In the case of Loans (other than Swing Line Revolving Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon noon, New York time, on a Business Day, the Borrowers Borrower, may from time to time irrevocably request, on the proposed date of the Borrowing same Business Day’s notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, (a) in the case of LIBO Rate Loans, in a an aggregate minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 500,000 and an integral multiple of $1,000,000 500,000, (or the Dollar Equivalent thereof), b) in the case of Base Rate Loans, in a an aggregate minimum amount of $1,000,000 500,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the Available Amount; provided, that no LIBO Rate Loans may be advanced when any Default or Borrowing Base Deficiency has occurred and is continuing. Each such irrevocable request may be made by telephone confirmed promptly by hand delivery, electronic mail or facsimile to the Administrative Agent of the applicable CommitmentBorrowing Request. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type Type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of other than Swing Line Revolving Loans, on or before 11:00 a.m. a.m., New York time, on such Business Day (or 3:00 p.m., New York time, in the case of a Base Rate Loan requested on the same Business Day), each Lender that has a Revolving Credit Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Revolving Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Revolving Lenders. To the extent funds are received from the Revolving Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower Borrower, by wire transfer to the account such Borrower accounts the Borrower, shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: First Lien Exit Credit Agreement (Energy XXI Gulf Coast, Inc.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 12 noon on a Business Day, the Borrowers may from time to time irrevocably request, on the proposed date of the Borrowing in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO LIBOR Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO LIBOR Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of Loans (other than Swing Line Loans), on or before 11:00 a.m. 2:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Revolving Loan Percentage of the requested Borrowing. Such deposit will be made to the applicable account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Ferro Corp)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon 10:00 a.m. on a Business Day, the Borrowers Parent Borrower may from time to time irrevocably request, on the proposed date of the Borrowing such Business Day in the case of Base Rate Loans, Loans or on not less than three Business Days’ notice and not more than five Business Days’ notice, in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, Dollars or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency EURIBOR Rate Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) and an integral multiple of $1,000,000 (or the Dollar Equivalent thereof)1,000,000, in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable CommitmentCommitment and, in the case of EURIBOR Rate Loans, in a minimum amount of €5,000,000 and an integral multiple of €1,000,000. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 a.m. 12:00 noon on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Parent Borrower by wire transfer to the account such accounts the Parent Borrower shall have specified in its Borrowing Request. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan.
Appears in 1 contract
Sources: Credit Agreement (Hanesbrands Inc.)
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by delivering a Borrowing Request telephonic notice to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon on a Business Day (followed (within one Business Day) by the delivery of a confirming Borrowing Request), the Borrowers Borrower may from time to time irrevocably request, on the proposed date of the Borrowing same Business Day in the case of Base Rate Loans, Loans or on not less than three Business Days’ ' notice in the case of LIBO Rate Loans denominated in DollarsLoans, and in either case not more than five Business Days’ ' notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 2,000,000 and an integral multiple of $1,000,000 (1,000,000, or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 500,000 or, in either case, in the unused amount of the applicable Commitment; provided that all of the initial Revolving Loans shall be made as Base Rate Loans and may not be converted into LIBO Rate Loans until the date that is one week following the Closing Date. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In the case of Loans other than Swing Line Loans, on or before 11:00 a.m. 3:00 p.m. on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each the Administrative Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each the Administrative Agent shall make such funds available to the applicable Borrower by wire transfer to the account such accounts the Borrower shall have specified in its Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan.
Appears in 1 contract
Borrowing Procedure. In the case of Loans (other than Swing Line Loans), by By delivering a Borrowing Request to the Revolving Loan Administrative Agent or the Term Loan Administrative Agent, as applicable, on or before 12:00 noon [1:00 p.m.], Chicago time, on a Business Day, the Borrowers Borrower may from time to time irrevocably request, on not less than three nor more than five Business Days' notice in the proposed date case of the Borrowing Eurodollar Rate Loans, and on not less than one nor more than five Business Days' notice in the case of Base Rate Loans, or on three Business Days’ notice in the case of LIBO Rate Loans denominated in Dollars, and in either case not more than five Business Days’ notice, or on no less than five Business Days’, and no more than ten Business Days’ notice in the case of Alternate Currency Loans, that a Borrowing be made, in the case of LIBO Rate Loans, made in a minimum amount of $5,000,000 (or the Dollar Equivalent thereof) 3,000,000 and an integral multiple of $1,000,000 (100,000, or the Dollar Equivalent thereof), in the case of Base Rate Loans, in a minimum amount of $1,000,000 and an integral multiple of $100,000 or, in either case, in the unused amount of the applicable Commitment. On the terms and subject to the conditions of this Agreement, each Borrowing shall be comprised of the type of Loans, and shall be made on the Business Day and in the Currency Day, specified in such Borrowing Request. In Each Borrowing Request must be signed by an Authorized Officer of the case Managing General Partner on behalf of other than Swing Line Loans, on or of the Borrower. On or before 11:00 a.m. [2:00 p.m.] (Chicago time) on such Business Day each Lender that has a Commitment to make the Loans being requested shall deposit with the applicable Administrative Agent same day funds in an amount equal to such Lender’s 's Percentage of the requested Borrowing. Such deposit will be made to the applicable an account which each Administrative the Agent shall specify from time to time by notice to the Lenders. To the extent funds are received from the Lenders, each Administrative the Agent shall make such funds available to the applicable Borrower by wire transfer to the account such Borrower shall have accounts specified in its the applicable Borrowing Request. No Lender’s 's obligation to make any Loan shall be affected by any other Lender’s 's failure to make any Loan. Swing Loans shall not be subject to this SECTION 2.3.
Appears in 1 contract