Common use of Borrowing Procedure Clause in Contracts

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of a proposed Borrowing. Each such telephonic request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Ceridian HCM Holding Inc.), Credit Agreement (Ceridian HCM Holding Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Competitive Borrowing or a deemed Borrowing pursuant to Section 2.01(a)Swingline Loan, Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.04 shall not apply), the Borrower or the UK Borrower, as applicable, shall notify deliver by hand, telecopy or other writing transmitted electronically (including in the form of a .pdf attachment) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 10:30 a.m., New York City time, three Business Days before a proposed Borrowing and (b) in the case of an ABR Borrowing, not later than 10:30 a.m., New York City time, on the day of a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowingby the UK Borrower, not later than 12:00 p.m. on the date of a proposed Borrowing10:00 a.m., New York time). Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent of a written Borrowing Request an Authorized Representative, and shall specify the following information: (i) whether the requested Borrowing is a Domestic Loan or a Multicurrency Loan requested by the Borrower and, if a Multicurrency Loan, the identity of the borrower; (ii) with respect to Borrowings by the Borrower, or with respect to Dollar denominated Borrowings by the UK Borrower, whether the Borrowing then being requested is to be a US Revolving Credit Eurocurrency Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; disbursed (iv) which shall be an account that complies with the amount (or Face Amount, as applicable) requirements of such Borrowing (stated in the relevant Available CurrencySection 2.02(c)); (v) the amount of such Borrowing; (vi) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vivii) if such Borrowing is with respect to be a Bankers’ Acceptance BorrowingBorrowings by the UK Borrower, the term thereof (which shall comply with the requirements Available Currency of Schedule 2.02(b))such Revolving Loan; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except If no election as otherwise provided to the Type of Borrowing is specified in Section 2.10(b)any such notice by the Borrower or the UK Borrower with respect to Dollar denominated Loans, then the requested Borrowing shall be an ABR Borrowing; if no election as to the Type of Borrowing is specified in any such noticenotice by the UK Borrower with respect to non-Dollar denominated Loans, then the requested Borrowing shall be a Eurocurrency Borrowing with an ABR BorrowingInterest Period of one month’s duration. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower Borrower, or the UK Borrower, as the case may be, shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 2.04 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 2 contracts

Sources: Three Year Competitive Revolving Credit Agreement, Credit Facility Agreement (Raytheon Co/)

Borrowing Procedure. In order to To request a Revolving Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.17(e)(ii), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall notify deliver, by hand delivery, telecopier or electronic mail, a duly completed and executed Borrowing Request to the Administrative Agent of such request by telephone (ai) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 2:00 p.m., New York City time, three Business Days before a the date of the proposed Borrowing or (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (bii) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on 11:00 a.m., New York City time, one Business Day before the date of a the proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request irrevocable and shall specify the following information: information in compliance with Section 2.02 : (ia) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing of Tranche A Revolving Loans or Tranche B Revolving Loans; (b) the aggregate amount of such Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; ; (iic) the date of such Borrowing (Borrowing, which shall be a Business Day); ; (iiid) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (f) the location (which shall be an account in the United States) and number and location of the Borrower’s account to which funds are to be disbursed; and (ivg) that the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02Sections 4.02(b) through (e) have been satisfied as of the date of the Borrowing Request. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any Eurocurrency Rate Borrowing is specified in any such noticerequested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term Promptly following receipt of a Borrowing Request in accordance with respect to any Bankers’ Acceptance Borrowing is specified in any such noticethis Section, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Bankrate, Inc.), Revolving Credit Agreement (Bankrate, Inc.)

Borrowing Procedure. In order to To request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a)Revolving Borrowing, Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Lead Borrower shall notify the Administrative Agent of such request by telecopy or electronic transmission (if arrangements for doing so have been approved by the Administrative Agent, which approval shall not be unreasonably withheld, conditioned or delayed) or telephone (apromptly confirmed by telecopy or electronic transmission) (i) in the case of a Eurocurrency Borrowing of LIBO Rate Borrowing or Bankers’ Acceptance BorrowingLoans, not later than 1:00 p.m. 3 p.m., New York City time, three Business Days before a the date of the proposed Borrowing or (or, ii) in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business DaysBase Rate Loans (other than Swingline Loans), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 1:00 p.m., New York City time, on the date of a the proposed Borrowing. Notwithstanding the foregoing, if Lead Borrower wishes to request LIBO Rate Loans having an Interest Period other than one, two, three or six months in duration, or less than one month in duration with the consent of the Administrative Agent, in each case as provided in the definition of “Interest Period,” the applicable notice must be received by the Administrative Agent not later than 11:00 a.m. four Business Days before the date of the proposed Borrowing having an Interest Period other than one, two, three or six months in duration, whereupon the Administrative Agent shall give prompt notice to each applicable Lender whose consent is required with a relevant Revolving Commitment of such request and determine whether the requested Interest Period is acceptable to all of them. Not later than 11:00 a.m., three Business Days before the proposed date of such Borrowing having an Interest Period other than one, two, three or six months in duration, the Administrative Agent shall notify Lead Borrower (which notice may be by telephone) whether or not the requested Interest Period has been consented to by such Lenders or the Administrative Agent, as applicable. Each such telephonic request Notice of Borrowing shall be irrevocable, subject to Sections 2.09, 3.01 and 3.05, and shall be confirmed promptly by hand delivery or fax telecopy to the Administrative Agent of a written Notice of Borrowing, appropriately completed and signed by Lead Borrower. Each such telephonic and written Notice of Borrowing Request and shall specify the following information: information in compliance with Section 2.02: (ia) whether the Borrowing then being requested is to aggregate amount of such Borrowing; (b) the date of such Borrowing, which shall be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and Business Day; (c) whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Borrowing of Base Rate Borrowing Loans or a Bankers’ Acceptance Borrowing; Borrowing of LIBO Rate Loans; (iid) in the date case of such a Borrowing (of LIBO Rate Loans, the initial Interest Period to be applicable thereto, which shall be a Business Day)period contemplated by the definition of the term “Interest Period”; and (iiie) the location and number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowinga Borrowing of Base Rate Loans. If no Interest Period is specified with respect to any Eurocurrency requested Borrowing of LIBO Rate Borrowing is specified in any such noticeLoans, then the Lead Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term Promptly following receipt of a Notice of Borrowing in accordance with respect to any Bankers’ Acceptance Borrowing is specified in any such noticethis Section 2.03, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Revolving Credit Agreement (VERRA MOBILITY Corp), Revolving Credit Agreement (VERRA MOBILITY Corp)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply)Loan, the Borrower shall notify deliver by hand or by facsimile or other electronic means to the Administrative Agent of a duly completed Borrowing Request, together with the related Addition Notice, Borrowing Base Certificate and data tape or other electronic file containing information regarding the Related Receivables to be transferred on such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, Funding Date not later than 1:00 p.m. 3 p.m., New York City time, one Business Days Day before the proposed Funding Date. Such Borrowing Base Certificate shall provide the current calculation of the Class A Borrowing Base and Class B Borrowing Base (i) if such Funding Date is a proposed Borrowing (orSettlement Date, in as of the case end of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. business on the related Determination Date, or (ii) if such Funding Date is not a Settlement Date, as of the end of business on the Determination Date for the most recent Settlement Date (or as of the end of business on such date of a proposed Borrowingas agreed by the Administrative Agent). The Borrower shall submit no more than five (5) Borrowing Requests (and accompanying Addition Notices and Borrowing Base Certificates) per week, unless otherwise agreed by the Administrative Agent. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date Funding Date of such Borrowing Loans (which shall be a Business Day); (iiiii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof disbursed (which shall comply be an account that complies with the requirements of Schedule 2.02(bSection 2.02(c)); and (iii) the aggregate amount to be borrowed and the allocation of Class A Loans and Class B Loans requested; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, (x) the Borrower shall not submit any Class A Borrowing Request unless accompanied by a Class B Borrowing Request such that the aggregate amount of borrowing requested is proportionally split based on the Unrated Class A Advance Rate and the Unrated Class B Advance Rate and (y) each requested Borrowing borrowing of Loans shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested BorrowingLoans. (b) The Borrower will be entitled to an additional advance (the “Flex Loan”) in an amount equal to (a) the greater of (i) the Available Flex Amount and (ii) the Flex Variable Amount, plus (b) the Flex Variable Amount; provided, however, that if the Adjusted Net Rated Advance Rate as of any date of determination is greater than 85%, the Flex Loan shall be zero. In no event shall any Flex Loan cause a Facility Advance Cap Deficiency or result in the aggregate Invested Amount of the Lenders exceeding the Facility Advance Purchase Price Cap. (c) Upon any Ratings Requirement Bring-Down with respect to which the Rated Class A Advance Rate and/or the Rated Class B Advance Rate are reduced, the Administrative Agent may elect to cause a Class A Borrowing Request and/or Class B Borrowing Request, as applicable, to be deemed to have been submitted by the Borrower, in order to cure any Borrowing Base Deficiency (e.g., decreasing the Class A Invested Amount and increasing the Class B Invested Amount). (d) With respect to each Borrowing Request, the Borrower shall direct the Administrative Agent to deposit in (or to direct the Account Bank to credit to) the Reserve Account such amount as required to ensure that the that amounts on deposit in the Reserve Account equal the Required Reserve Account Amount.

Appears in 2 contracts

Sources: Credit Agreement (Consumer Portfolio Services Inc), Credit Agreement (Consumer Portfolio Services Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan Dollar Borrowing or a deemed Borrowing pursuant to Section 2.01(a2.2(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.3 shall not apply), the applicable Borrower (or the Company on behalf of such Borrower) shall notify hand deliver or telecopy to the Administrative Agent of such request by a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of 1:00 p.m., New York City time, one Business Day before a proposed Borrowing. Each such Borrowing Request (including a telephonic request Borrowing Request) shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent applicable Borrower (or by the Company on behalf of a written Borrowing Request such Borrower) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar BorrowingDollar Borrowing or an Alternative Currency Borrowing (and the relevant currency and amount thereof); (ii) if such Borrowing is to be denominated in dollars, whether it is to be a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; (ivv) the amount (or Face Amount, as applicable) of such Borrowing (stated which shall be specified in dollars if a Dollar Borrowing, and in the relevant Available Alternative Currency, if an Alternative Currency Borrowing); (vvi) subject to the limitations of Section 2.1 and Section 2.22, the currency of such Borrowing; (vii) if such Borrowing is to be a Eurocurrency Rate Borrowing, the initial Interest Period with respect thereto; and (viviii) if whether such Borrowing is to be a Bankers’ Acceptance Swingline Borrowing or a Revolving Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except 2.2 and, as otherwise provided in Section 2.10(b)applicable, if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.Section

Appears in 2 contracts

Sources: Credit Agreement (Conexant Systems Inc), Credit Agreement (Conexant Systems Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(e), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not applyapply or a conversion or continuation of a Borrowing pursuant to Section 2.10), the U.S. Borrower or Cayman Borrower, as applicable, shall notify deliver to the Administrative Agent of such request by telephone a written Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, or as otherwise agreed by the Administrative Agent in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Daysits sole discretion), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 10:00 a.m., New York City time, on the date day of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocableirrevocable (except for Borrowing Requests conditioned on the occurrence of the Third Restatement Date or the consummation of any Permitted Acquisition), shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing of Loans made pursuant to Section 2.01(a), an Incremental Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance SOFR Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing not later than 1:00 p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) [reserved], (ii) whether such Borrowing is to be a SOFR Borrowing or an ABR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any SOFR Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), the Parent Borrower shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/ATerm ▇▇▇▇▇ Borrowing or a SOFR Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Parent Borrower and shall specify the following information: (i) in the case of a Canadian Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/ATerm ▇▇▇▇▇ Borrowing, a U.S. Base Rate Borrowing or a SOFR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/ATerm ▇▇▇▇▇ Borrowing or a SOFR Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be a Canadian Prime Rate Borrowing (if denominated in Canadian dollars) or a U.S. Base Rate Borrowing (if denominated in U.S. dollars). If no Contract Period or Interest Period with respect to a B/ATerm ▇▇▇▇▇ Borrowing or SOFR Borrowing has been specified in any such notice, then the Parent Borrower shall be deemed to have selected a Contract Period oran Interest Period of one month’s duration. The Canadian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(b) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (c) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(c) shall not apply), the Australian Borrower (or the Parent Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Australian Administrative Agent a duly completed Borrowing Request not later than 12:00 3:00 p.m. on (Sydney time) three Business Days before the date of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the Australian Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit BBSY Rate Borrowing denominated in Australian dollars or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such SOFR Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowingdenominated in U.S. dollars; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b))therefor; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is Interest Period has been specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Australian Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Australian Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(c) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request Each Borrowing, each conversion of a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans from one Type to the extent resulting from automatic conversions other, and each continuation of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)a Eurodollar Rate Borrowing shall be made upon Borrower’s irrevocable notice to Administrative Agent, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the may be given by telephone. Each such notice must be received by Administrative Agent not later than 11:00 a.m. (i) two (2) Business Days prior to the requested date of such request by telephone (a) in the case any Borrowing of, conversion to or continuation of a Eurocurrency Eurodollar Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 Business Days before a proposed Borrowing (or, in the case of any conversion of a Bankers’ Acceptance Eurodollar Rate Borrowing with to a term in excess of 180 days, five Business Days)Base Rate Borrowing, and (bii) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the requested date of a proposed any Base Rate Borrowing. Each such telephonic request shall be irrevocable, shall notice by Borrower pursuant to this Section 2.1(c) must be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request, appropriately completed and signed by a Responsible Officer of Borrower. Each Borrowing of, conversion to or continuation of a Eurodollar Rate Borrowing shall be in a principal amount of $1,000,000 or a whole multiple of $200,000 in excess thereof. Each Borrowing of or conversion to a Base Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof; provided that a Base Rate Borrowing may be in an amount equal to the Revolving Credit Availability. Each Borrowing Request and (whether telephonic or written) shall specify the following information: (i) whether the Borrowing then being requested Borrower is to be requesting a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowingconversion of Borrowings from one Type to the other, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; continuation of Borrowings, (ii) the requested date of such Borrowing the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); , (iii) the number and location principal amount of the account to which funds are Borrowings to be disbursed; borrowed, converted or continued, (iv) the amount (Type of Borrowings to be borrowed or Face Amountto which existing Borrowings are to be converted, as applicable) of such Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a Eurocurrency Rate Borrowingapplicable, the duration of the Interest Period with respect thereto; and (vi) . If Borrower fails to specify a Type of Borrowing in a Borrowing Request or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Borrowings shall be made as, or converted to, Base Rate Borrowings. Any such automatic conversion to Base Rate Borrowings shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Eurodollar Rate Borrowings. If Borrower requests a Borrowing is to be of, conversion to, or continuation of a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification Eurodollar Rate Borrowing in any such Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b)but fails to specify an Interest Period, if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall it will be deemed to have selected specified an Interest Period of 1 one (1) month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (TriState Capital Holdings, Inc.)

Borrowing Procedure. In order to request The Borrower shall give the Agent by means of a Borrowing Loan or Letter of Credit Request Form, and the Agent will give the Lenders, notice of each borrowing under any Commitment in accordance with Section 4.3. Not later than 3:00 p.m. on the date specified for each borrowing under the applicable Commitment (other than a the Swingline Commitment) each Lender will make available the amount of the Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans be made by it on such date to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)Agent, at the Principal Office, in each case as immediately available funds, for the account of the Borrower. The amount so received by the Agent shall, subject to which the terms and conditions of this Section 2.03 shall not apply)Agreement, be made available to the Borrower shall notify the Administrative Agent of such request by telephone (a) depositing the same, in immediately available funds, in an account of the case of Borrower (designated by the Borrower) maintained with the Agent at the Principal Office or (b) wire transferring such funds to a Eurocurrency Rate Borrowing Person or Bankers’ Acceptance Borrowing, Persons designated by the Borrower in writing. Swingline Lender at its option may accept telephone requests for Swingline Loans received not later than 1:00 p.m. 3 Business Days before on the date of such requested borrowing. Any telephone request for a proposed Borrowing (or, in Swingline Loan by the case Borrower shall be promptly confirmed by delivery of a Bankers’ Acceptance Borrowing with a term in excess written Loan or Letter of 180 days, five Business Days), and (b) in Request Form for such Swingline Loan via facsimile to the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, Swingline Lender not later than 12:00 4:30 p.m. on the same date of such telephone request. Not later than 3:00 p.m. on the date specified for each borrowing under the Swingline Commitment, the Swingline Lender will make available the amount of a proposed Borrowing. Each the Swingline Loan to be made by it on such telephonic request shall be irrevocable, shall be confirmed promptly by hand delivery or fax date to the Administrative Agent of a written Borrowing Request and shall specify the following information: Borrower by (i) whether depositing the Borrowing then being requested is to be a US Revolving Credit Borrowing same, in immediately available funds, in an account of the Borrower (designated by the Borrower) maintained with the Swingline Lender at the Principal Office or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of wire transferring such Borrowing (which shall be funds to a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (Person or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then Persons designated by the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowingwriting.

Appears in 1 contract

Sources: Credit Agreement (Blanch E W Holdings Inc)

Borrowing Procedure. In order to request a Borrowing (other than a N.Z. Swingline Loan, a Competitive Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify hand deliver or fax to the Administrative Agent of such request by telephone a duly completed Borrowing Request (a) in the case of a Eurocurrency Fixed Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 p.m., Local Time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Daily Rate Borrowing, not later than 12:00 p.m. noon, Local Time, on the date Business Day of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request applicable Borrower and shall specify the following information: (i) whether the currency and Class of such Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Fixed Rate Borrowing or a Bankers’ Acceptance Daily Rate Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Fixed Rate Borrowing, the Interest Period or Contract Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, (x) each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except 2.02 and (y) except as otherwise expressly provided in Section 2.10(b)2.08 or 2.15, if no Borrower may request a Daily Rate Borrowing that is a Foreign Base Rate Borrowing. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR a Daily Rate Borrowing if denominated in dollars or Canadian Dollars, and a Fixed Rate Borrowing with a one-month Interest Period or Contract Period otherwise. If no election as to the Class of any Revolving Credit Borrowing by the U.S. Borrower is received, then, to the extent of the available Domestic Revolving Credit Commitments, such Borrowing shall be a Domestic Revolving Credit Borrowing. If no Interest Period or Contract Period with respect to any Eurocurrency Fixed Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period or Contract Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Cbre Group, Inc.)

Borrowing Procedure. 63- (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance SOFR Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing not later than 1:00 p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) [reserved], (ii) whether such Borrowing is to be a SOFR Borrowing or an ABR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a SOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any SOFR Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), the Parent Borrower shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a Term ▇▇▇▇▇ Borrowing or a SOFR Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Parent Borrower and shall specify the following information: (i) in the case of a Canadian Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a Term ▇▇▇▇▇ Borrowing, a U.S. Base Rate Borrowing or a SOFR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a Term ▇▇▇▇▇ Borrowing or a SOFR Borrowing, the Interest Period therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with -64- the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be a Canadian Prime Rate Borrowing (if denominated in Canadian dollars) or a U.S. Base Rate Borrowing (if denominated in U.S. dollars). If no Interest Period with respect to a Term ▇▇▇▇▇ Borrowing or SOFR Borrowing has been specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Canadian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(b) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (c) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(c) shall not apply), the Australian Borrower (or the Parent Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Australian Administrative Agent a duly completed Borrowing Request not later than 12:00 3:00 p.m. on (Sydney time) three Business Days before the date of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the Australian Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit BBSY Rate Borrowing denominated in Australian dollars or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such SOFR Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowingdenominated in U.S. dollars; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b))therefor; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is Interest Period has been specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Australian Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Australian Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(c) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply)Borrowing, the Borrower shall notify hand deliver or telecopy to the Administrative Paying Agent of such request by telephone a duly completed Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance (other than a Sterling Borrowing), not later than 1:00 p.m. 3 11:00 a.m., New York City time, three Business Days before a the date of the proposed Borrowing (orBorrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR a Sterling Borrowing, not later than 10:00 a.m., London time, one Business Day before the date of the proposed Borrowing or and (c) in the case of a Canadian Prime Base Rate Borrowing, not later than 12:00 p.m. 11:00 a.m., New York City time, on the date Business Day of a the proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request Borrower and shall specify the following information: (i) whether such Borrowing is to be a Dollar Borrowing or a Sterling Borrowing; (ii) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing, and ; (iii) if applicable, the relevant Class thereof and whether such Borrowing is to be denominated in Dollars, whether it is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Eurocurrency Borrowing or a Bankers’ Acceptance Base Rate Borrowing; (iiiv) the date of such Borrowing (which shall be a Business Day); (iiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(d)); (ivvi) the aggregate amount (or Face Amount, as applicable) of such Borrowing (which, in the case of a Sterling Borrowing, shall be stated in the relevant Available CurrencyDollars); (vvii) whether such Borrowing is to be an Acquisition Borrowing; and (viii) if such Borrowing is to be a Eurocurrency Rate Borrowing, the initial Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in with respect to any such noticeBorrowing selected, then the requested Borrowing Borrower shall be an ABR deemed to have selected a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Rate Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Paying Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Pacificorp /Or/)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, a Loan made pursuant to Section 2.28, 2.22(d) or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(bSection 2.23(e), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify deliver to the Administrative Agent of such request a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written (including by telephone telecopy) and duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 12:30 p.m., New York City time, three Business Days (or, if such Borrowing is to be an Alternative Currency Borrowing, 12:30 p.m., New York time, four Business Days) before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of 12:30 p.m., New York City time, one Business Day before a proposed Borrowing. Each such Borrowing Request (including a telephonic request Borrowing Request) shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request applicable Borrower and shall specify the following information: (i) whether the currency of such Borrowing then being requested (which shall be Dollars or an Alternative Currency); (ii) if such Borrowing is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowingdenominated in Dollars, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; (ivv) the amount (or Face Amount, as applicable) of such Borrowing (stated which shall be expressed in the relevant Available Currency); (v) if Dollars, regardless of whether such Borrowing is to be a Eurocurrency Rate an Alternative Currency Borrowing, the Interest Period with respect thereto); and (vi) if such Borrowing is to be a Bankers’ Acceptance Eurocurrency Borrowing, the term thereof (which shall comply initial Interest Period with the requirements of Schedule 2.02(b))respect thereto; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except If no election as otherwise provided to the currency of Borrowing is specified in Section 2.10(b)any such notice, if then the requested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans comprising the requested Borrowing are to be wired.

Appears in 1 contract

Sources: Credit Agreement (Jafra Worldwide Holdings Lux Sarl)

Borrowing Procedure. In order to request By delivering a Revolving Loan Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans Request to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not applyAgent on a Business Day on or before 10:00 a.m. (New York City time), the Borrower shall notify the Administrative Agent of such may from time to time irrevocably request by telephone a Loan to be made (a) (i) in respect of any Borrowing comprised of Revolving Loans denominated in Dollars bearing interest at the LIBO Rate, on not less than three nor more than five Business Days’ notice, and in respect of any Borrowing comprised of (ii) Revolving Loans denominated in an Alternate Currency bearing interest at the LIBO Rate, on not less than five nor more than ten Business Days, notice and (b) in respect of any Borrowing comprised of Revolving Loans denominated in Dollars bearing interest at the Alternate Base Rate, on not less than one Business Day’s notice. Each Revolving Loan 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 a Eurocurrency Rate Revolving Loans made in an Alternate Currency. Subject to the terms and conditions of this Agreement, each Revolving Loan Borrowing shall be made on the Business Day specified in the Revolving Loan Borrowing Request therefor. On such Business Day, each Lender shall deposit in an account maintained with the Agent same day funds, on or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 Business Days before a proposed Borrowing 11:00 a.m. (New York City time) (or, in the case of Loans denominated in a Bankers’ Acceptance Borrowing with currency other than Dollars, on or before a term in excess of 180 days, five Business Daysmutually agreed upon time), and (b) in an amount equal to such Lender’s Percentage of the requested Revolving Loan Borrowing in the case of an ABR Borrowing or a Canadian Prime Rate Borrowingrelevant currency, not later than 12:00 p.m. such deposit to be made to such account as the Agent shall specify from time to time by notice to the Lenders. No Lender’s obligation to make any Loan shall be affected by any other Lender’s failure to make any Loan. If on the date of a proposed Borrowing. Each such telephonic request shall be irrevocablethe Revolving Loan Borrowing there are Swing Line Loans outstanding, shall be confirmed promptly by hand delivery or fax to then the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date proceeds of such Borrowing (which shall be a Business Day); (iii) applied, first, to the number payment in full of any such Swing Line Loans, and location of second, to the account to which funds are to be disbursed; (iv) the amount (or Face Amount, Borrower as applicable) of such Borrowing (stated provided in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Revolving Loan Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Revolving Credit Agreement (McCormick & Co Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, a Loan made pursuant to Section 2.28, 2.22(d) or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(bSection 2.23(e), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify deliver to the Administrative Agent of such request a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written (including by telephone telecopy) and duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 12:30 p.m., New York City time, three Business Days (or, if such Borrowing is to be an Alternative Currency Borrowing, 12:30 p.m., New York time, four Business Days) before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of 12:30 p.m., New York City time, one Business Day before a proposed Borrowing. Each such Borrowing Request (including a telephonic request Borrowing Request) shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing; (ii) the currency of such Borrowing (which shall be Dollars or an Alternative Currency); (iii) if such Borrowing is to be denominated in Dollars, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiv) the date of such Borrowing (which shall be a Business Day); , (iiiv) the number and location of the account to which funds are to be disbursed; (ivvi) the amount (or Face Amount, as applicable) of such Borrowing (stated which shall be expressed in the relevant Available CurrencyDollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); and (vvii) if such Borrowing is to be a Eurocurrency Rate Borrowing, the initial Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except If no election as otherwise provided to the currency of Borrowing is specified in Section 2.10(b)any such notice, if then the requested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans comprising the requested Borrowing are to be wired.

Appears in 1 contract

Sources: Credit Agreement (Jafra Cosmetics International Sa De Cv)

Borrowing Procedure. In order to request Each Borrowing, each conversion of a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans from one Type to the extent resulting from automatic conversions other, and each continuation of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)a SOFR Borrowing shall be made upon Borrower’s irrevocable notice to Administrative Agent, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the may be given by telephone. Each such notice must be received by Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 11:00 a.m. (i) three (3) U.S. Government Securities Business Days before a proposed prior to the requested date of any Borrowing (orof, in the case conversion to or continuation of a Bankers’ Acceptance SOFR Borrowing with or of any conversion of a term in excess of 180 days, five Business Days), SOFR Borrowing to a Base Rate Borrowing and (bii) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the requested date of a proposed any Base Rate Borrowing. Each such telephonic request shall be irrevocable, shall notice by Borrower pursuant to this Section 2.1(b) must be confirmed promptly by hand delivery or fax to the Administrative Agent of a CREDIT AGREEMENT – Page 51 written Borrowing Request, appropriately completed and signed by a Responsible Officer of Borrower. Each Borrowing of, conversion to or continuation of a SOFR Borrowing shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Except as provided in Section 2.2(c) and Section 2.3(b), each Borrowing of or conversion to a Base Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof; provided that a Base Rate Borrowing may be in an amount equal to the Revolving Credit Availability. Each Borrowing Request and (whether telephonic or written) shall specify the following information: (i) whether the Borrowing then being requested Borrower is to be requesting a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowingconversion of Borrowings from one Type to the other, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; continuation of Borrowings, (ii) the requested date of such Borrowing the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); , (iii) the number and location principal amount of the account to which funds are Borrowings to be disbursed; borrowed, converted or continued, (iv) the amount (Type of Borrowings to be borrowed or Face Amountto which existing Borrowings are to be converted, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowingapplicable, the duration of the Interest Period with respect thereto; , and (vi) if such the amount of the then effective Borrowing is to be a Bankers’ Acceptance BorrowingBase, the term thereof amount of the then effective Aggregate Elected Commitment Amounts, the current total Revolving Credit Exposure of the Revolving Credit Lenders (which without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposure of the Revolving Credit Lenders (giving effect to the requested Borrowing). If Borrower fails to specify a Type of Borrowing in a Borrowing Request or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Borrowings shall comply be made as, or converted to, Base Rate Borrowings. Any such automatic conversion to Base Rate Borrowings shall be effective as of the last day of the Interest Period then in effect with respect to the requirements applicable SOFR Borrowings. If Borrower requests a Borrowing of, conversion to, or continuation of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification a SOFR Borrowing in any such Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b)but fails to specify an Interest Period, if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall it will be deemed to have selected specified an Interest Period of 1 one (1) month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such noticeFor the avoidance of doubt, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion as of the requested BorrowingClosing Date, the only Type of Borrowings available to Borrower are SOFR Borrowings and Base Rate Borrowings.

Appears in 1 contract

Sources: Credit Agreement (Granite Ridge Resources, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(e), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not applyapply or a conversion or continuation of a Borrowing pursuant to Section 2.10), the U.S. Borrower or Cayman Borrower, as applicable, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, or as otherwise agreed by the Administrative Agent in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Daysits sole discretion), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 10:00 a.m., New York City time, on the date day of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, and shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing of Loans made pursuant to Section 2.01(a), an Incremental Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not applyapply and other than any Borrowing to be made on the Closing Date, in respect of which the related Borrowing Request must be hand delivered or faxed to the Administrative Agent (or made by telephone promptly followed by hand delivery or fax of a duly completed Borrowing Request) not later than 12:00 (noon), New York City time, one Business Day prior to the Closing Date, regardless of whether any such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing), the Borrower shall notify hand deliver or fax to the Administrative Agent of a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 p.m., New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of 1:00 p.m., New York City time, one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and thereto (vi) if such which, in the case of any Eurodollar Borrowing is to be a Bankers’ Acceptance Borrowingmade on the Closing Date, the term thereof (which shall comply with the requirements be an Interest Period of Schedule 2.02(b)one month); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (CCC Information Services Group Inc)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the U.S. Borrower shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing not later than 1:00 p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the U.S. Borrower and shall specify the following information: (i) whether the Borrowing being requested is to be a U.S. Revolving Borrowing or a U.S. Term Borrowing, (ii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Borrowing is specified in any such notice, then the U.S. Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), a Canadian Borrower (or the U.S. Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the applicable Canadian Borrower (or the U.S. Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/A Borrowing or a Eurocurrency Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be a Canadian Prime Rate Borrowing (if denominated in Canadian dollars) or a U.S. Base Rate Borrowing (if denominated in U.S. dollars). If no Contract Period or Interest Period with respect to a B/A Borrowing or Eurocurrency Borrowing has been specified in any such notice, then the applicable Canadian Borrower shall be deemed to have selected a Contract Period or Interest Period of one month’s duration. The Canadian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(b) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (c) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(c) shall not apply), the Australian Borrower (or the U.S. Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Australian Administrative Agent a duly completed Borrowing Request not later than 12:00 3:00 p.m. on (Sydney time) three Business Days before the date of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the Australian Borrower (or the U.S. Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit BBSY Rate Borrowing denominated in Australian dollars or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Eurocurrency Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowingdenominated in U.S. dollars; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b))therefor; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is Interest Period has been specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Australian Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Australian Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(c) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent (and, in the case of any PF L/C Borrowing, the Issuing Bank of PF Letters of Credit) of such request either in writing by delivery of a duly completed Borrowing Request (by hand or facsimile) or by telephone not later than (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of (noon), New York City time, one Business Day before a proposed Borrowing. Each such A telephonic request Borrowing Request shall be irrevocable, irrevocable and shall be confirmed promptly by hand delivery or fax facsimile to the Administrative Agent of a duly completed written Borrowing Request. Each such telephonic and written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Term Borrowing, a Revolving Credit Borrowing or a Multicurrency Revolving Credit PF L/C Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Amendment Agreement (Buffets Holdings, Inc.)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the U.S. Borrower shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 1:00 p.m. on the date of (Standard Time) one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the U.S. Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US U.S. Revolving Credit Borrowing or a Multicurrency Revolving Credit U.S. Term Borrowing, and if applicable, the relevant Class thereof and (ii) whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; disbursed (iv) which shall be an account that complies with the amount (or Face Amount, as applicable) requirements of such Borrowing (stated in the relevant Available CurrencySection 2.02(c)); (v) if the amount of such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Eurocurrency Borrowing, the term thereof (which shall comply Interest Period with the requirements of Schedule 2.02(b))respect thereto; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the U.S. Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), a Canadian Borrower (or the U.S. Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the applicable Canadian Borrower (or the U.S. Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/A Borrowing or a Eurocurrency Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be a Canadian Prime Rate Borrowing (if denominated in Canadian dollars) or a U.S. Base Rate Borrowing (if denominated in U.S. dollars). If no Contract Period or Interest Period with respect to a B/A Borrowing or Eurocurrency Borrowing has been specified in any such notice, then the applicable Canadian Borrower shall be deemed to have selected a Contract Period or Interest Period of one month’s duration. The Canadian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(b) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (c) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(c) shall not apply), the Australian Borrower (or the U.S. Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Australian Administrative Agent a duly completed Borrowing Request not later than 3:00 p.m. (Sydney time) three Business Days before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Australian Borrower (or the U.S. Borrower on its behalf) and shall specify the following information: (i) the date of such Borrowing (which shall be a Business Day); (ii) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iii) the amount of such Borrowing; and (iv) the Interest Period therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no Interest Period has been specified in any such notice, then the Australian Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Australian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(c) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 1:00 p.m. on the date of (Standard Time) one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing[reserved], and if applicable, the relevant Class thereof and (ii) whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; disbursed (iv) which shall be an account that complies with the amount (or Face Amount, as applicable) requirements of such Borrowing (stated in the relevant Available CurrencySection 2.02(c)); (v) if the amount of such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Eurocurrency Borrowing, the term thereof (which shall comply Interest Period with the requirements of Schedule 2.02(b))respect thereto; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(fConversion) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to during the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply)Funding Availability Period, the Borrower shall notify hand deliver or send via facsimile (which facsimile may be delivered via the Administrative recipient’s electronic mail system) to the Agent of such request by telephone a duly completed Borrowing Request (ai) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Term SOFR Borrowing, not later than 1:00 p.m. 3 12:00 p.m., New York City time, three (3) U.S. Government Securities Business Days before a (or such shorter period of time as Agent may agree) prior to the proposed Borrowing Borrowing, (or, ii) in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 daysDaily Simple SOFR Borrowing, not later than 12:00 p.m., New York City time, five (5) U.S. Government Securities Business Days), Days (or such shorter period of time as the Agent may agree) prior to the proposed Borrowing and (biii) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 1:00 p.m., New York City time, on the date Business Day of a the proposed Borrowing. Each such telephonic request Such notice shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request irrevocable and shall in each case specify the following information: (ix) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Term SOFR Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Daily Simple SOFR Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; and (iiy) the date of such Borrowing (which shall be a Business Day); (iiiDay and shall constitute a Funding Date) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b))thereof; provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be in an ABR Borrowingamount which is an integral multiple of $1,000,000 and not less than $5,000,000. If no Interest Period with respect Notwithstanding anything to any Eurocurrency Rate Borrowing is specified in any such noticethe contrary herein, then the Borrower may request up to three (3) Borrowings (which, for the avoidance of doubt, shall be deemed to have selected an Interest Period not include any Conversions or continuations of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then existing Borrowings) during the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested BorrowingFunding Availability Period.

Appears in 1 contract

Sources: Term Loan Credit Agreement (Oncor Electric Delivery Co LLC)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance EurocurrencySOFR Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing not later than 1:00 p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) [reserved], (ii) whether such Borrowing is to be a EurocurrencySOFR Borrowing or an ABR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a EurocurrencySOFR Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), the Parent Borrower shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a EurocurrencySOFR Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Parent Borrower and shall specify the following information: (i) in the case of a Canadian Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a EurocurrencySOFR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/A Borrowing or a EurocurrencySOFR Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be a Canadian Prime Rate Borrowing (if denominated in Canadian dollars) or a U.S. Base Rate Borrowing (if denominated in U.S. dollars). If no Contract Period or Interest Period with respect to a B/A Borrowing or EurocurrencySOFR Borrowing has been specified in any such notice, then the Parent Borrower shall be deemed to have selected a Contract Period or Interest Period of one month’s duration. The Canadian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(b) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (c) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(c) shall not apply), the Australian Borrower (or the Parent Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e- mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Australian Administrative Agent a duly completed Borrowing Request not later than 12:00 3:00 p.m. on (Sydney time) three Business Days before the date of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the Australian Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit BBSY Rate Borrowing denominated in Australian dollars or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such EurocurrencySOFR Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowingdenominated in U.S. dollars; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.and

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, a Loan made pursuant to Section 2.28, 2.22(d) or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(bSection 2.23(e), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify deliver to the Administrative Agent of such request a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written (including by telephone telecopy) and duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 12:30 p.m., New York City time, three Business Days (or, if such Borrowing is to be an Alternative Currency Borrowing, 12:30 p.m., New York time, four Business Days) before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of 12:30 p.m., New York City time, one Business Day before a proposed Borrowing. Each such Borrowing Request (including a telephonic request Borrowing Request) shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing; (ii) the currency of such Borrowing (which shall be Dollars or an Alternative Currency); (iii) if such Borrowing is to be denominated in Dollars, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiv) the date of such Borrowing (which shall be a Business Day); (iiiv) the number and location of the account to which funds are to be disbursed; (ivvi) the amount (or Face Amount, as applicable) of such Borrowing (stated which shall be expressed in the relevant Available CurrencyDollars, regardless of whether such Borrowing is an Alternative Currency Borrowing); and (vvii) if such Borrowing is to be a Eurocurrency Rate Borrowing, the initial Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except If no election as otherwise provided to the currency of Borrowing is specified in Section 2.10(b)any such notice, if then the requested Borrowing shall be denominated in Dollars. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in Dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans comprising the requested Borrowing are to be wired.

Appears in 1 contract

Sources: Credit Agreement (Dirsamex Sa De Cv)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a)Loan, Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)2.27, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance SOFR Borrowing, not later than 1:00 p.m. 3 U.S. Government Securities Business Days before a proposed Borrowing (orborrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of a Eurocurrency Rate Borrowing, S▇▇▇▇ Borrowing or CDOR Rate Borrowing, not later than 1:00 p.m. 4 Business Days before a proposed Borrowing, (c) in the case of an ABR Borrowing, not later than 12:00 p.m. on the date of a proposed Borrowing or and (d) in the case of a Canadian Prime Rate Borrowing, not later than 12:00 1:00 p.m. on one Business Day prior to the date of a proposed Borrowing. Each such telephonic request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof of such Borrowing and whether such Borrowing is to be a Eurodollar SOFR Borrowing, a EURIBOR Borrowing, a Sterling LIBOR S▇▇▇▇ Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance CDOR Rate Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a SOFR Borrowing, Eurocurrency Rate Borrowing or a CDOR Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be (i) in the case of US Dollar-Denominated Loans, an ABR Borrowing and (ii) in the case of Canadian Dollar-Denominated Loans, a Canadian Prime Rate Borrowing. If no Interest Period with respect to any SOFR Borrowing, Eurocurrency Rate Borrowing or CDOR Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect A Borrowing denominated in Sterling shall at all times be a S▇▇▇▇ Borrowing (subject to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term penultimate sentence of 1 month’s durationthe definition of “Daily Simple S▇▇▇▇”). The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ceridian HCM Holding Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan, an A/C Fronted Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify hand deliver or telecopy to the Administrative Agent of such request by a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance (other than an Alternative Currency Borrowing), not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (orBorrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Alternative Currency Borrowing, not later than 12:00 p.m. on (noon), local time of the jurisdiction of such Alternative Currency, three Business Days before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, one Business Day before a proposed Borrowing. Each such Borrowing Request (including a telephonic request Borrowing Request) shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request such Borrower and shall specify the following information: (i) whether such Borrowing is to be a Dollar Borrowing or an Alternative Currency Borrowing; (ii) whether the Borrowing then being requested is to be a US Revolving Credit Tranche A Term Borrowing, Tranche B Term Borrowing or a Multicurrency Revolving Credit Borrowing, and ; (iii) if applicable, the relevant Class thereof and whether such Borrowing is to be denominated in dollars, whether it is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiv) the date of such Borrowing (which shall be a Business Day); (iiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount (or Face Amount, as applicable) of such Borrowing (stated which shall be specified in the relevant Available dollars, even if such Borrowing is to be made in an Alternative Currency); (vvii) subject to the limitations of Section 2.01, the currency of such Borrowing; and (viii) if such Borrowing is to be a Eurocurrency Rate Borrowing, the initial Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except If no election as otherwise provided to the currency of Borrowing is specified in any such notice, then the requested Borrowing shall be denominated in the only currency permitted to be borrowed by such Borrower pursuant to Section 2.10(b), if 2.01. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in dollars or a Eurocurrency Borrowing if denominated in an Alternative Currency. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the such Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested BorrowingBorrowing and the account to which Loans made in connection with the requested Borrowing are to be wired.

Appears in 1 contract

Sources: Credit Agreement (Terex Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan, an A/C Fronted Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify hand deliver or telecopy to the Administrative Agent of such request by a duly completed Borrowing Request (or telephone the Administrative Agent, promptly confirmed with a written and duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance (other than an Alternative Currency Borrowing), not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (orBorrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Alternative Currency Borrowing, not later than 12:00 p.m. on (noon), local time of the jurisdiction of such Alternative Currency, three Business Days before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 1:00 p.m., New York City time, one Business Day before a proposed Borrowing. Each such Borrowing Request (including a telephonic request Borrowing Request) shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request such Borrower and shall specify the following information: (i) whether the such Borrowing then being requested is to be a US Term Borrowing, a Domestic Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and (ii) if applicablesuch Borrowing is to be a Multicurrency Revolving Credit Borrowing, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Dollar Borrowing or an Alternative Currency Borrowing; (iii) if such Borrowing is to be denominated in dollars, whether it is to be a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiv) the date of such Borrowing (which shall be a Business Day); (iiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount (or Face Amount, as applicable) of such Borrowing (stated which shall be specified in the relevant Available dollars, even if such Borrowing is to be made in an Alternative Currency); (vvii) if such Borrowing is to be an Alternative Currency Borrowing, the Alternative Currency of such Borrowing; and (viii) if such Borrowing is to be a Eurocurrency Rate Borrowing, the initial Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing2.

Appears in 1 contract

Sources: Credit Agreement (Terex Corp)

Borrowing Procedure. In order to To request a Borrowing borrowing of (other than i) a Swingline Working Capital Loan or a deemed Borrowing pursuant to Section 2.01(a)Line of Credit Loan, Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request deliver, by telephone hand delivery, telecopy, facsimile, e-mail or other electronic communication, a duly completed and executed Borrowing Request (aincluding, with respect to a Working Capital Loan, an Advance Availability and Working Capital Certificate) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, to Lender not later than 1:00 p.m. 3 11:00 a.m., Los Angeles time, five (5) Business Days before a the date of the proposed Borrowing Working Capital Loan or Line of Credit Loan, as applicable, except that (or, X) in the case of a Bankers’ Acceptance Borrowing connection with a term request for a Line of Credit Loan to be made on the Closing Date, or (Y) a Working Capital Loan or a Line of Credit Loan which, after giving effect thereto, would result in an aggregate outstanding principal amount of Working Capital Loans or Line of Credit Loans, as applicable, in excess of 180 days$5,000,000, five Business Days)in either case, and (b) in the case of an ABR such Borrowing or a Canadian Prime Rate Borrowing, Request shall be delivered to Lender not later than 12:00 p.m. on 11:00 a.m., Los Angeles time, fifteen (15) Business Days before the date of the proposed Working Capital Loan or Line of Credit Loan or (ii) the Term Loan to be made on the Closing Date, Borrower shall deliver, by hand delivery, telecopy, facsimile, e-mail or other electronic communication, a proposed Borrowingduly completed and executed Borrowing Request to Lender not later than 11:00 a.m., Los Angeles time, one (1) Business Day before the Closing Date. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request irrevocable and shall specify the following information: information in compliance with Section 2.02: (ia) whether the Borrowing then being requested Loan is to be a US Revolving borrowing of Working Capital Loans, Line of Credit Borrowing Loans or the Term Loan; (b) the aggregate amount of such Working Capital Loans, Line of Credit Loans and/or the Term Loan; (c) if such Loan is a Multicurrency Revolving Line of Credit Borrowing, and if applicableLoan, the relevant Class thereof and whether proposed use of proceeds for such Borrowing is to Loan, which shall be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; category of use included on Schedule 3.12 ; (iid) the date of such Borrowing (borrowing, which shall be a Business Day); ; (iiie) the location and number and location of the account account(s) to which funds are to be disbursed; disbursed (iv) indicating the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowingdisbursed to each such account), the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule Section 2.02(b)); providedprovided that, howeverwith respect to the Term Loan, Borrower shall only designate an account maintained by the person serving as depositary or paying agent with respect to the Tender Offer, for the benefit of the holders of Convertible Notes that notwithstanding any contrary specification are accepted for purchase by Borrower in any Borrowing Request, each requested Borrowing shall comply with the requirements Tender Offer; and (f) that the conditions set forth in Section 2.02. Except as otherwise provided in Section 2.10(b4.02(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof4.02(c), and of each Lender’s portion Section 4.02(d) are satisfied as of the requested Borrowingdate of the notice. Unless otherwise agreed by Lender, Borrower shall not be entitled to deliver more than one (1) Borrowing Request in any thirty (30)-day period.

Appears in 1 contract

Sources: Credit Agreement (Kemet Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(e) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply; a conversion or continuation of a Borrowing pursuant to Section 2.10 or capitalization of any interest constituting Term Loan PIK Interest pursuant to Section 2.06(d), Third Amendment PIK Interest pursuant to Section 2.06(e) or a Borrowing of a Third Amendment Incremental Term Loan), the U.S. Borrower or Cayman Borrower, as applicable, shall notify deliver to the Administrative Agent of such request by telephone a written Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, or as otherwise agreed by the Administrative Agent in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Daysits sole discretion), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 10:00 a.m., New York City time, on the date day of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocableirrevocable (except for Borrowing Requests conditioned on the occurrence of the Third Restatement Date or the consummation of any Permitted Acquisition), shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing of Loans made pursuant to Section 2.01(a), an Incremental Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof thereto (which Interest Period in the case of the Third Amendment Incremental Term Loans shall comply with be three (3) months for the requirements life of Schedule 2.02(b)the Third Amendment Incremental Term Loans); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing (unless such Borrowing is a Borrowing of a Third Amendment Incremental Term Loan, in which case such Borrower shall be a Eurodollar Borrowing). If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the U.S. Borrower or Cayman Borrower, as applicable, shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Incremental Assumption Agreement and Third Amendment to Third Amended and Restated Credit Agreement (Lindblad Expeditions Holdings, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not applyapply and other than any Borrowing to be made on the Closing Date, in respect of which the related Borrowing Request must be hand delivered or faxed to the Administrative Agent (or made by telephone promptly followed by hand delivery or fax of a duly completed Borrowing Request) not later than 12:00 (noon), New York City time, one Business Day prior to the Closing Date, regardless of whether any such Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing), the Borrower shall notify hand deliver or fax to the Administrative Agent of a duly completed Borrowing Request (or shall make such request by telephone promptly followed by the hand delivery or fax of a duly completed Borrowing Request) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 p.m., New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of 1:00 p.m., New York City time, one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and thereto (vi) if such which, in the case of any Eurodollar Borrowing is to be a Bankers’ Acceptance Borrowingmade on the Closing Date, the term thereof (which shall comply with the requirements be an Interest Period of Schedule 2.02(b)one month); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (CCC Information Services Group Inc)

Borrowing Procedure. In order to request Each Borrowing, each conversion of a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans from one Type to the extent resulting from automatic conversions other, and each continuation of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)a SOFR Borrowing shall be made upon Borrower’s irrevocable notice to Administrative Agent, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the may be given by telephone. Each such notice must be received by Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 11:00 a.m. (i) three (3) U.S. Government Securities Business Days before a proposed prior to the requested date of any Borrowing (orof, in the case conversion to or continuation of a Bankers’ Acceptance SOFR Borrowing with or of any conversion of a term in excess of 180 days, five Business Days), SOFR Borrowing to a Base Rate Borrowing and (bii) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the requested date of a proposed any Base Rate Borrowing. Each such telephonic request shall be irrevocable, shall notice by Borrower pursuant to this Section 2.1(b) must be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request, appropriately completed and signed by a Responsible Officer of ▇▇▇▇▇▇▇▇. Each Borrowing of, conversion to or continuation of a SOFR Borrowing shall be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Except as provided in Section 2.2(c) and Section 2.3(b), each Borrowing of or conversion to a Base Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof; provided that a Base Rate Borrowing may be in an amount equal to the Revolving Credit Availability. Each Borrowing Request and (whether telephonic or written) shall specify the following information: (i) whether the Borrowing then being requested Borrower is to be requesting a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowingconversion of Borrowings from one Type to the other, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; continuation of Borrowings, (ii) the requested date of such Borrowing the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); , (iii) the number and location principal amount of the account to which funds are Borrowings to be disbursed; borrowed, converted or continued, (iv) the amount (Type of Borrowings to be borrowed or Face Amountto which existing Borrowings are to be converted, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowingapplicable, the duration of the Interest Period with respect thereto; , and (vi) if such the amount of the then effective Borrowing is to be a Bankers’ Acceptance BorrowingBase, the term thereof amount of the then effective Aggregate Elected Commitment Amounts, the current total Revolving Credit Exposure of the Revolving Credit Lenders (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposure of the Revolving Credit Lenders (giving effect to the requested Borrowing). If Borrower fails to specify a Type of Borrowing is specified in any such notice, then the requested a Borrowing shall be an ABR Borrowing. If no Interest Period with respect Request or if Borrower fails to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.give a

Appears in 1 contract

Sources: Credit Agreement (Granite Ridge Resources, Inc.)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, a Mandatory Borrowing pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b2.22(e), in each case case, as to which this Section 2.03 shall not apply), the Borrower Administrative Loan Party shall notify the Administrative Agent of such request by telephone or email (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 12:00 p.m., New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of p.m., New York City time, one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, and shall be confirmed promptly by hand delivery or fax in writing to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such noticeBorrowing Request, then the Borrower Borrowers shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Abl Credit Agreement (Smart Sand, Inc.)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the U.S. Borrower shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 3:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 1:00 p.m. (Standard Time) on the date day of a the proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the U.S. Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US U.S. Revolving Credit Borrowing or a Multicurrency Revolving Credit U.S. Term Borrowing, and if applicable, the relevant Class thereof and (ii) whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; disbursed (iv) which shall be an account that complies with the amount (or Face Amount, as applicable) requirements of such Borrowing (stated in the relevant Available CurrencySection 2.02(c)); (v) if the amount of such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Eurocurrency Borrowing, the term thereof (which shall comply Interest Period with the requirements of Schedule 2.02(b))respect thereto; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the U.S. Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(b) shall not apply), a Canadian Borrower (or the U.S. Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (a) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 3:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (b) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 3:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the applicable Canadian Borrower (or the U.S. Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such borrowing is to be a Canadian Revolving Borrowing or a Canadian Term Borrowing; (iii) whether such borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iv) the date of such Borrowing (which shall be a Business Day); (v) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (vi) the amount of such Borrowing; and (vii) if such Borrowing is to be a B/A Borrowing or a Eurocurrency Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be a Canadian Prime Rate Borrowing (if denominated in Canadian dollars) or a U.S. Base Rate Borrowing (if denominated in U.S. dollars). If no Contract Period or Interest Period with respect to a B/A Borrowing or Eurocurrency Borrowing has been specified in any such notice, then the applicable Canadian Borrower shall be deemed to have selected a Contract Period or Interest Period of one month’s duration. The Canadian Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(b) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Oil States International, Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan an Offered Rate Borrowing or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the applicable Borrower shall notify hand deliver or telecopy to the Administrative Agent of such request by telephone a duly completed Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Domestic Eurodollar Borrowing, at its offices in New York City not later than 1:00 p.m. 3 p.m., New York City time, three Business Days before a the proposed Borrowing (orBorrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Foreign Revolving Borrowing, at its offices in Hong Kong and New York City not later than 12:00 11:00 a.m., Hong Kong time, three Business Days before the proposed Borrowing and (c) in the case of an ABR Borrowing, at its offices in New York City not later than 12:30 p.m. on New York City time one Business Day before the date of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written applicable Borrower requesting such Borrowing Request and shall specify the following information: (i) the Borrower requesting such Borrowing; (ii) in the case of a Domestic Borrowing, whether the Borrowing then being requested is to be a US Revolving Credit Eurodollar Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); , (iiiiv) whether the Borrowing then being requested is to be a Domestic Borrowing or a Foreign Revolving Borrowing, (v) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivvi) the amount (or Face Amount, as applicable) of such Borrowing Borrowing; and (stated in the relevant Available Currency); (vvii) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such noticenotice in the case of a Domestic Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the applicable Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s 's duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing. The Thai Borrower shall not be permitted to request Revolving Credit Borrowings.

Appears in 1 contract

Sources: Credit Agreement (International Manufacturing Services Inc)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the U.S. Borrower (or the Parent Borrower on its behalf) shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 1:00 p.m. on the date of (Standard Time) one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US U.S. Revolving Credit Borrowing or a Multicurrency Revolving Credit U.S. Term Borrowing, and if applicable, the relevant Class thereof and (ii) whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Eurocurrency Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (iiiii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disbursed; disbursed (iv) which shall be an account that complies with the amount (or Face Amount, as applicable) requirements of such Borrowing (stated in the relevant Available CurrencySection 2.02(c)); (v) if the amount of such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Eurocurrency Borrowing, the term thereof (which shall comply Interest Period with the requirements of Schedule 2.02(b))respect thereto; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the U.S.Parent Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), a Canadian Borrower (or the U.S.Parent Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the applicable Canadian Borrower (or the U.S.Parent Borrower on its behalf) and shall specify the following information: (i) in the case of a Canadian Tranche A Revolving Borrowing or a Canadian Tranche B Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/A Borrowing or a Eurocurrency Borrowing, the Contract Period or Interest Period, respectively, therefor and (vii) whether such Borrowing is of Canadian Tranche A

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request either in writing by delivery of a duly completed Borrowing Request (by hand or facsimile) or by telephone not later than (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 12:00 (noon), New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of (noon), New York City time, one Business Day before a proposed Borrowing. Each such A telephonic request Borrowing Request shall be irrevocable, irrevocable and shall be confirmed promptly by hand delivery or fax facsimile to the Administrative Agent of a duly completed written Borrowing Request. Each such telephonic and written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ryan's Restaurant Leasing Company, LLC)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(e), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Borrower shall notify deliver to the Administrative Agent of such request a duly completed Borrowing Request by telephone (confirmed by telecopy, email or other electronic transmission) (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowingdenominated in Dollars, not later than 1:00 p.m. 3 11:00 a.m., New York City time, three Business Days before a proposed Borrowing (orBorrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on the day of a proposed Borrowing or a Canadian Prime Rate and (c) in the case of an Alternative Currency Borrowing, not later than 12:00 p.m. on noon, local time of the date jurisdiction of such Alternative Currency, at least four Business Days before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Term Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Eurocurrency Rate Borrowing (and in the case of the Term Borrowing, whether the applicable rate shall be a EURIBOR Borrowing or LIBOR Borrowing) Borrowing, whether the applicable rate shall be a Sterling EURIBOR Borrowing or LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) in the case of a Term Borrowing on the Amendment Closing Date, the currency applicable to such Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iiiiv) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (ivv) the amount (in Dollars or Face Amountthe Alternative Currency, as applicablethe case may be) of such Borrowing (stated in the relevant Available Currency)Borrowing; (vvi) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vivii) if the entity which will be the Borrower for such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b))Loan; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect election as to any Eurocurrency Rate the currency of Borrowing is specified in any such notice, then the Borrower requested Borrowing shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified denominated in any such notice, then the Borrower shall be deemed to have selected a term of 1 month’s durationDollars. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s 's portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Actuant Corp)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or Loan, a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, a Mandatory Borrowing pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b2.22(e), in each case case, as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request by telephone or email (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 12:00 p.m. 3 New York City time, three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on the date of p.m., New York City time, one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, and shall be confirmed promptly by hand delivery or fax in writing to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, Borrowing or an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Eurodollar Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such noticeBorrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Eurodollar Borrowing is specified in any such noticeBorrowing Request, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Smart Sand, Inc.)

Borrowing Procedure. (a) In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f2.02(g) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Swing Line Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 2.03(a) shall not apply), the applicable U.S. Borrower (or the Parent Borrower on its behalf) shall notify hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Administrative Agent of such request by telephone a duly completed Borrowing Request (ax) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 (Standard Time) three Business Days before a proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days)Borrowing, and (by) in the case of an ABR Borrowing not later than 1:00 p.m. (Standard Time) one Business Day before a proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of such U.S. Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) [reserved], (ii) whether such Borrowing is to be a Eurocurrency Borrowing or an ABR Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a Eurocurrency Borrowing, the Interest Period with respect thereto; provided, however, that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. If no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Borrowing is specified in any such notice, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall promptly advise the Applicable Lenders of any notice given pursuant to this Section 2.03(a) (and the contents thereof), and of each Lender’s portion of the requested Borrowing. (b) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g) or a Swing Line Borrowing as to which Section 2.03(b) shall not apply), the Parent Borrower shall hand deliver, fax or send by electronic communication (e-mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Canadian Administrative Agent a duly completed Borrowing Request (x) in the case of a B/A Borrowing or a Eurocurrency Borrowing, not later than 1:00 p.m. (Standard Time) three Business Days before the proposed Borrowing and (y) in the case of a Canadian Prime Rate Borrowing or U.S. Base Rate Borrowing, not later than 1:00 p.m. (Standard Time) one Business Day before the proposed Borrowing. Each such Borrowing Request shall be irrevocable, shall be signed by or on behalf of a Responsible Officer of the Parent Borrower and shall specify the following information: (i) in the case of a Canadian Revolving Borrowing, whether the Borrowing then being requested is to be denominated in Canadian dollars or U.S. dollars; (ii) whether such Borrowing is to be a Canadian Prime Rate Borrowing, a B/A Borrowing, a U.S. Base Rate Borrowing or a Eurocurrency Borrowing; (iii) the date of such Borrowing (which shall be a Business Day); (iv) the number and location of the account to which funds are to be disbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (v) the amount of such Borrowing; and (vi) if such Borrowing is to be a B/A Borrowing or a Eurocurrency Borrowing, the Contract Period or Interest Period, respectively, therefor; provided, however, that, notwithstanding any contrary specification (c) In order to request a Borrowing (other than a deemed Borrowing pursuant to Section 2.02(g), as to which this Section 2.03(c) shall not apply), the Australian Borrower (or the Parent Borrower on its behalf) shall hand deliver, fax or send by electronic communication (e- mail) (or by telephone notice promptly confirmed by a written, fax or electronic communication (e-mail)) to the Australian Administrative Agent a duly completed Borrowing Request not later than 12:00 3:00 p.m. on (Sydney time) three Business Days before the date of a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to the Administrative Agent on behalf of a written Borrowing Request Responsible Officer of the Australian Borrower (or the Parent Borrower on its behalf) and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit BBSY Rate Borrowing denominated in Australian dollars or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Eurocurrency Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowingdenominated in U.S. dollars; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disburseddisbursed (which shall be an account that complies with the requirements of Section 2.02(c)); (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b))therefor; provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is Interest Period has been specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Australian Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Australian Administrative Agent shall promptly advise the applicable Applicable Lenders of any notice given pursuant to this Section 2.03 2.03(c) (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Syndicated Facility Agreement (Civeo Corp)

Borrowing Procedure. In order to To request a Revolving Borrowing (or Term Loan Borrowing, the Borrowers shall deliver, by hand delivery or facsimile or other than electronic transmission if arrangements for doing so have been approved in writing by the Administrative Agent, a Swingline Loan or a deemed duly completed and executed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans Request to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)Administrative Agent, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request by telephone (ai) in the case of a Eurocurrency Rate for any Term Loan Borrowing or Bankers’ Acceptance Delayed Draw Term Loan Borrowing, not later than 1:00 p.m. 3 9:00 a.m., New York City time (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), three Business Days before a the date of the proposed Borrowing (or, in the case of a Bankers’ Acceptance Term Loan Borrowing with a term in excess to be made on the Closing Date, not later than 9:00 a.m., New York City time, one Business Day before the date of 180 days, five Business Daysthe proposed Borrowing), and (bii) for any Revolving Borrowing, (x) in the case of a Eurodollar Borrowing, not later than 9:00 a.m., New York City time (or such later time on such Business Day as may be reasonably acceptable to the Administrative Agent), three Business Days before the date of the proposed Borrowing or (y) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on 9:00 a.m., New York City time (or such later time as may be reasonably acceptable to the Administrative Agent), one Business Day prior to the date of a the proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request irrevocable and shall specify the following information: information in compliance with Section 2.02: (ia) whether the requested Borrowing then being requested is to be a US Borrowing of Revolving Credit Borrowing Loans, Delayed Draw Term Loans or a Multicurrency Revolving Credit Term Loans; (b) the aggregate amount of such Borrowing; (c) the date of such Borrowing, and if applicable, the relevant Class thereof and which shall be a Business Day; (d) whether such Borrowing is to be an ABR Borrowing or a Eurodollar Borrowing; (e) in the case of a Eurodollar Borrowing, a EURIBOR Borrowingthe initial Interest Period to be applicable thereto, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); period contemplated by the definition of the term “Interest Period”; (iiif) the location and number and location of the account to which funds are to be disbursed; and (ivg) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, each Credit Extension made on or after the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, howeverClosing Date, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements conditions set forth in Section 2.02. Except as otherwise provided in Section 2.10(b4.02(b), if Section 4.02(c) and Section 4.02(d) will be satisfied or waived as of the date the requested Borrowing is made. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period a Eurodollar Borrowing with respect to any Eurocurrency Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term with respect the Borrowers request a Eurodollar Borrowing but fail to any Bankers’ Acceptance Borrowing is specified in any such noticespecify an Interest Period, then the Borrower shall Borrowers will be deemed to have selected a term specified an Interest Period of 1 one month’s duration. The Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Nutrition Topco, LLC)

Borrowing Procedure. In order (a) Each Lender shall make each Term B Loan to be made by it on the Closing Date by wire transfer of immediately available funds, to such account in New York City as the Administrative Agent may designate, not later than 12:00 (noon), New York City time. The Administrative Agent shall promptly apply such funds as follows: (i) credit $33,916,666.67 to the Interest Reserve Account, $54,764,980 to the Club Loan Proceeds Account and $86,281,039.31 to the General Loan Proceeds Account and (ii) disburse to the Borrower, to an account designated by the Borrower, the remainder of such funds, to be used by the Borrower to reimburse and fund Permitted Purposes incurred prior to or following the Closing Date. (b) To request an Incremental Revolving Facility Borrowing and/or a Term Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate the Term B Loans to be made on the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply)Closing Date, the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 10:00 a.m., Local Time, three Business Days before a the date of any proposed Borrowing (or, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and or (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. on 10:00 a.m., Local Time, one Business Day before the date of a the proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, irrevocable and shall be confirmed promptly by hand delivery or fax telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: information in compliance with Section 2.02: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar BorrowingBorrowing of Incremental Revolving Facility Loans, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing Incremental Term Loans with terms identical to those of the Term B Loans or a Bankers’ Acceptance Borrowing; Incremental Term Loans that are Other Term Loans; (ii) the aggregate amount of the requested Borrowing; (iii) the date of such Borrowing (Borrowing, which shall be a Business Day); (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; and (iiivi) the location and number and location of the Borrower’s account to which funds are to be disbursed; (iv) . If no election as to the amount (or Face Amount, as applicable) currency of such Borrowing (stated in the relevant Available Currency); (v) if such any Incremental Revolving Facility Borrowing is to be a Eurocurrency Rate Borrowingmade, then the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth be made in Section 2.02Dollars. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Incremental Revolving Facility Borrowing or Term Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR BorrowingBorrowing in the case of Loans denominated in Dollars. If no Interest Period is specified with respect to any requested Eurocurrency Rate Borrowing is specified in any such noticeBorrowing, then the Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term Promptly following receipt of a Borrowing Request in accordance with respect to any Bankers’ Acceptance Borrowing is specified in any such noticethis Section, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise each applicable Lender of the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), details thereof and of each the amount of such Lender’s portion Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Caesars Acquisition Co)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a2.02(f), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the a Borrower shall notify hand deliver or fax to the Applicable Administrative Agent of such request (or give telephonic notice promptly confirmed by telephone written notice) a duly completed Borrowing Request (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 p.m., Local Time, three Business Days before a proposed Borrowing (orBorrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 11:00 a.m., Local Time, on the date day of a proposed Borrowing, and (c) in the case of an EBR Borrowing, not later than 1:00 p.m., Local Time, one Business Day before a proposed Borrowing. Each such telephonic request Borrowing Request shall be irrevocable, shall be confirmed promptly signed by hand delivery or fax to on behalf of the Administrative Agent of a written Borrowing Request applicable Borrower and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Term B-1 Borrowing, a Term B-2 Borrowing, an Incremental Term Borrowing, a U.S. Revolving Credit Borrowing or a Multicurrency European Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Eurocurrency Borrowing, an ABR BorrowingBorrowing or, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance subject to the limitations contained in the definition thereof, an EBR Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) and Currency of such Borrowing (stated in the relevant Available Currency)Borrowing; and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that that, notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b)If no Currency is specified with respect to any requested Borrowing, if then the applicable Borrower shall be deemed to have selected Dollars. If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing applicable Borrower shall be deemed to have selected (i) in the case of a Borrowing denominated in Dollars, an ABR Borrowing, and (ii) in the case of a Borrowing denominated in a Designated Foreign Currency, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Rate Borrowing is specified in any such noticeBorrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term of 1 one month’s duration. The Applicable Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Sensus Metering Systems Inc)

Borrowing Procedure. In order to request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a)Loan, Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)2.27, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Eurodollar Borrowing, not later than 1:00 p.m. 3 Business Days before a proposed Borrowing (orborrowing, in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of a Eurocurrency Rate Borrowing (other than a Eurodollar Borrowing), S▇▇▇▇ Borrowing or CDOR Rate Borrowing, not later than 1:00 p.m. 4 Business Days before a proposed Borrowing, (c) in the case of an ABR Borrowing, not later than 12:00 p.m. on the date of a proposed Borrowing or and (d) in the case of a Canadian Prime Rate Borrowing, not later than 12:00 1:00 p.m. on one Business Day prior to the date of a proposed Borrowing. Each such telephonic request shall be irrevocable, shall be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request and shall specify the following information: (i) whether the Borrowing then being requested is to be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the WEIL:\96480003\20\34471.0013 relevant Class thereof of such Borrowing and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR LIBORSONIA Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance CDOR Rate Borrowing; (ii) the date of such Borrowing (which shall be a Business Day); (iii) the number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); and (v) if such Borrowing is to be a Eurocurrency Rate Borrowing or a CDOR Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to the Type of Borrowing is specified in any such notice, then the requested Borrowing shall be (i) in the case of US Dollar-Denominated Loans, an ABR Borrowing and (ii) in the case of Canadian Dollar-Denominated Loans, a Canadian Prime Rate Borrowing. If no Interest Period with respect to any Eurocurrency Rate Borrowing or CDOR Rate Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect A Borrowing denominated in Sterling shall at all times be a S▇▇▇▇ Borrowing (subject to any Bankers’ Acceptance Borrowing is specified in any such notice, then the Borrower shall be deemed to have selected a term last sentence of 1 month’s durationthe definition of “Daily Simple S▇▇▇▇”). The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ceridian HCM Holding Inc.)

Borrowing Procedure. In order to To request a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a)Revolving Borrowing, Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans to the extent resulting from automatic conversions of Bankers’ Acceptance Loans as provided in Schedule 2.02(b), in each case as to which this Section 2.03 shall not apply), the Lead Borrower shall notify the Administrative Agent of such request by telecopy or electronic transmission (if arrangements for doing so have been approved by the Administrative Agent, which approval shall not be unreasonably withheld, conditioned or delayed) or telephone (apromptly confirmed by telecopy or electronic transmission) (i) in the case of a Eurocurrency Borrowing of Term SOFR Rate Borrowing or Bankers’ Acceptance BorrowingLoans, not later than 1:00 p.m. 3 p.m., New York City time, three Business Days before a the date of the proposed Borrowing or (or, ii) in the case of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business DaysBase Rate Loans (other than Swingline Loans), and (b) in the case of an ABR Borrowing or a Canadian Prime Rate Borrowing, not later than 12:00 p.m. 1:00 p.m., New York City time, on the date of a the proposed Borrowing. Each such telephonic request Notice of Borrowing shall be irrevocable, subject to Sections 2.09, 3.01 and 3.05, and shall be confirmed promptly by hand delivery or fax telecopy to the Administrative Agent of a written Notice of Borrowing, appropriately completed and signed by Lead Borrower. Each such telephonic and written Notice of Borrowing Request and shall specify the following information: information in compliance with Section 2.02: (ia) whether the Borrowing then being requested is to aggregate amount of such Borrowing; (b) the date of such Borrowing, which shall be a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and Business Day; (c) whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowing, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Borrowing of Base Rate Borrowing Loans or a Bankers’ Acceptance Borrowing; Borrowing of Term SOFR Rate Loans; (iid) in the date case of such a Borrowing (of Term SOFR Rate Loans, the initial Interest Period to be applicable thereto, which shall be a Business Day)period contemplated by the definition of the term “Interest Period”; and (iiie) the location and number and location of the account to which funds are to be disbursed; (iv) the amount (or Face Amount, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowing, the Interest Period with respect thereto; and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowing, the term thereof (which shall comply with the requirements of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification in any Borrowing Request, each requested Borrowing shall comply with the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if If no election as to the Type of Borrowing is specified in any such noticespecified, then the requested Borrowing shall be an ABR Borrowinga Borrowing of Base Rate Loans. If no Interest Period is specified with respect to any Eurocurrency requested Borrowing of Term SOFR Rate Borrowing is specified in any such noticeLoans, then the Lead Borrower shall be deemed to have selected an Interest Period of 1 one month’s duration. If no term Promptly following receipt of a Notice of Borrowing in accordance with respect to any Bankers’ Acceptance Borrowing is specified in any such noticethis Section 2.03, then the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise each Lender of the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), details thereof and of each Lenderthe amount of such ▇▇▇▇▇▇’s portion Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Revolving Credit Agreement (VERRA MOBILITY Corp)

Borrowing Procedure. In order to request Each Borrowing, each conversion of a Borrowing (other than a Swingline Loan or a deemed Borrowing pursuant to Section 2.01(a), Section 2.02(f) or Section 2.02(g) or, if applicable, pursuant to Section 2.28, or a Borrowing of Canadian Prime Rate Loans from one Type to the extent resulting from automatic conversions other, and each continuation of Bankers’ Acceptance Loans as provided in Schedule 2.02(b)a Term SOFR Borrowing shall be made upon Borrower’s irrevocable notice to Administrative Agent, in each case as to which this Section 2.03 shall not apply), the Borrower shall notify the may be given by telephone. Each such notice must be received by Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Rate Borrowing or Bankers’ Acceptance Borrowing, not later than 1:00 p.m. 3 11:00 a.m. three U.S. Government Securities Business Days before a proposed Borrowing (or, in prior to the case requested date of a Bankers’ Acceptance Borrowing with a term in excess of 180 days, five Business Days), and (b) in the case of an ABR any Term SOFR Borrowing or a Canadian Prime any Base Rate Borrowing, not later than 12:00 p.m. on the date of a proposed Borrowing. Each such telephonic request shall be irrevocable, shall notice by Borrower pursuant to this Section 2.1(b) must be confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request, appropriately completed and signed by a Responsible Officer of ▇▇▇▇▇▇▇▇. Each Borrowing of, conversion to or continuation of a Term SOFR Borrowing shall be in a principal amount of $1,000,000 or a whole multiple of $200,000 in excess thereof. Except as provided in Section 2.2(c), each Borrowing of or conversion to a Base Rate Borrowing shall be in a principal amount of $250,000 or a whole multiple of $50,000 in excess thereof; provided that a Base Rate Borrowing may be in an amount equal to the Revolving Credit Availability. Each Borrowing Request and (whether telephonic or written) shall specify the following information: (i) whether the Borrowing then being requested Borrower is to be requesting a US Revolving Credit Borrowing or a Multicurrency Revolving Credit Borrowing, and if applicable, the relevant Class thereof and whether such Borrowing is to be a Eurodollar Borrowing, a EURIBOR Borrowingconversion of Borrowings from one Type to the other, a Sterling LIBOR Borrowing, an ABR Borrowing, a Canadian Prime Rate Borrowing or a Bankers’ Acceptance Borrowing; continuation of Borrowings, (ii) the requested date of such Borrowing the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day); , (iii) the number and location principal amount of the account to which funds are Borrowings to be disbursed; borrowed, converted or continued, (iv) the amount (Type of Borrowings to be borrowed or Face Amountto which existing Borrowings are to be converted, as applicable) of such Borrowing (stated in the relevant Available Currency); (v) if such Borrowing is to be a Eurocurrency Rate Borrowingapplicable, the duration of the Interest Period with respect thereto; , and (vi) if such Borrowing is to be a Bankers’ Acceptance Borrowingthe amount of the then effective Aggregate Elected Commitment Amounts, the term thereof current total Revolving Credit Exposure of the Revolving Credit Lenders (which without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposure of the Revolving Credit Lenders (giving effect to the requested Borrowing). If Borrower fails to specify a Type of Borrowing in a Borrowing Request or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Borrowings shall comply be made as, or converted to, Base Rate Borrowings. Any such automatic conversion to Base Rate Borrowings shall be effective as of the last day of the Interest Period then in effect with respect to the requirements applicable Term SOFR Borrowings. If Borrower requests a Borrowing of, conversion to, or continuation of Schedule 2.02(b)); provided, however, that notwithstanding any contrary specification a Term SOFR Borrowing in any such Borrowing Request, each requested but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one (1) month. Each Borrowing Request shall comply with constitute a representation by the requirements set forth in Section 2.02. Except as otherwise provided in Section 2.10(b), if no election as to Borrower that the Type amount of Borrowing is specified in any such notice, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period with respect not cause the total Revolving Credit Exposure to any Eurocurrency Rate Borrowing is specified in any such notice, then exceed the Borrower shall be deemed to have selected an Interest Period of 1 month’s duration. If no term with respect to any Bankers’ Acceptance Borrowing is specified in any such notice, then Aggregate Elected Commitment Amount or the Borrower shall be deemed to have selected a term of 1 month’s duration. The Administrative Agent shall promptly advise the applicable Lenders of any notice given pursuant to this Section 2.03 (and the contents thereof), and of each Lender’s portion of the requested BorrowingAggregate Commitments.

Appears in 1 contract

Sources: Credit Agreement (W&t Offshore Inc)