Closing Date Borrowings Clause Samples

Closing Date Borrowings. The Canadian Borrower shall give the US Administrative Agent, irrevocable notice (which notices must be received by the Canadian Administrative Agents prior to 10:00 A.M., New York City time, (a) three Business Days prior to the Closing Date, if all or any part of the Canadian Term Loans are to be initially Eurodollar Loans following the Closing Date or (b) one Business Day prior to the Closing Date, otherwise) requesting that the Canadian Term Loan Lenders continue and make Canadian Term Loans on the Closing Date and specifying (i) whether the Canadian Term Loans following the Closing Date are to be initially Eurodollar Loans, ABR Loans or a combination thereof, as applicable, and (ii) if the Canadian Term Loans are to be entirely or partly Eurodollar Loans following the Closing Date the amount of such Type of Loan and the lengths of the initial Interest Periods therefor. Upon receipt of such notice the Administrative Agent shall promptly notify each Canadian Term Loan Lender thereof. On the Closing Date (i) each Canadian Term Loan Lender shall make available to the US Administrative Agent at its office specified in subsection 11.2 an amount in immediately available funds equal to, in the case of each Canadian Term Loan Lender, its Canadian Term Loan Commitment Percentage of US$10,200,000 (the "Closing Date Advance"), and (ii) each Canadian Tranche B Term Loan (as defined in the Existing Credit Agreement) outstanding on the Closing Date under the Existing Credit Agreement (after giving effect to the assignments provided for in subsection 6.1(f)) shall be continued as a Canadian Term Loan of the same amount hereunder ("Original Advance"). The US Administrative Agent shall on such Date credit the account of the Canadian Borrower on the books of such office of the US Administrative Agent with the aggregate of such amounts made available to the US Administrative Agent by the Canadian Term Loan Lenders.
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Closing Date Borrowings. Purchaser shall take, or cause to be taken, all actions, and do, or cause to be done, all things necessary, proper or advisable to obtain funds sufficient to fund the aggregate Cash Consideration and the funds otherwise necessary to effect the consummation of the transactions contemplated by this Agreement on or prior to the date upon which the Closing is required to be consummated pursuant to the terms hereof. In furtherance and not in limitation of the foregoing, Purchaser shall use reasonable best efforts to take, or cause to be taken, all actions and do, or cause to be done, as promptly as possible, all things necessary, proper or advisable to obtain the Closing Date Borrowings on the terms and conditions described in the Purchaser Credit Agreement, including maintaining in effect the Purchaser Credit Agreement and using reasonable best efforts to, as promptly as possible, satisfy on a timely basis all conditions applicable to Purchaser obtaining the Closing Date Borrowings and consummate the Closing Date Borrowings no later than the Closing Date. Purchaser shall promptly deliver to Seller true, complete and correct copies of any amendment or modification to the Purchaser Credit Agreement. Purchaser acknowledges and agrees that neither the Closing Date Borrowings nor the Debt Financing is a condition to Closing and reaffirms its obligation to consummate the transactions contemplated by this Agreement irrespective and independently of the availability of the Closing Date Borrowings or the Debt Financing, subject to fulfillment or waiver of the conditions set forth in Section 9.1 and Section 9.2.
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Related to Closing Date Borrowings

  • Repayment of Borrowings repay the principal of, or pay interest on or any other sum in connection with any of its Borrowed Money except for Borrowed Money pursuant to the Security Documents;

  • Revolving Borrowings Subject to the terms and conditions set forth herein, each Revolving Lender severally agrees to make loans (each such loan, a “Revolving Loan”) to the Borrower, in Dollars, from time to time, on any Business Day during the Availability Period, in an aggregate amount not to exceed at any time outstanding the amount of such Lender’s Revolving Commitment; provided, however, that after giving effect to any Revolving Borrowing, (i) the Total Revolving Outstandings shall not exceed the Revolving Facility, and (ii) the Revolving Exposure of any Lender shall not exceed such Revolving Lender’s Revolving Commitment. Within the limits of each Revolving Lender’s Revolving Commitment, and subject to the other terms and conditions hereof, the Borrower may borrow Revolving Loans, prepay under Section 2.05, and reborrow under this Section 2.01(b). Revolving Loans may be Base Rate Loans or Eurodollar Rate Loans, as further provided herein; provided, however, any Revolving Borrowings made on the Closing Date or any of the three (3) Business Days following the Closing Date shall be made as Base Rate Loans unless the Borrower delivers a Funding Indemnity Letter not less than three (3) Business Days prior to the date of such Revolving Borrowing.

  • All Borrowings The obligation of any Bank to make a Loan to a Borrower on the occasion of any Borrowing is subject to the satisfaction of the following conditions by such Borrower: (a) receipt by the Administrative Agent of a Notice of Borrowing as required by Section 2.2, which is completed in a manner satisfactory to the Administrative Agent in all respects; (b) immediately after such Borrowing, the aggregate outstanding principal amount of the Loans to the borrowing Borrower will not exceed its Maximum Amount; (c) immediately after such Borrowing, the aggregate principal amount of the Loans to all Borrowers will not exceed the aggregate Commitment Amounts; (d) immediately before and after such Borrowing, no Default or Event of Default shall have occurred and be continuing with respect to the borrowing Borrower; (e) each of the representations and warranties of the borrowing Borrower contained in this Agreement shall be true on and as of the date of such Borrowing (unless any such representation and warranty shall relate solely to an earlier date, in which case such representation and warranty shall be true and correct as of such earlier date); (f) receipt by the Administrative Agent with respect to the borrowing Borrower (other than a Borrower listed on Schedule 4.9 (as supplemented from time to time)) of a duly executed FRB Form FR U-1 for each Bank as required pursuant to FRB Regulation U (12 C.F.R. § 221.1 et seq.), which the Administrative Agent will promptly deliver to each Bank, in form and substance satisfactory to the Administrative Agent and its counsel, together with all information requested by the Administrative Agent in connection therewith, including updates of information, if any, required by such Regulation U, provided the Administrative Agent will request of said borrowing Borrower such documentation with respect to Form FR U-1 as any Bank may reasonably request and will deliver the same to said requesting Bank upon receipt; and (g) receipt by the Administrative Agent of payment instructions from the Borrower, as required under Section 2.3(b). Each Borrowing hereunder shall be deemed to be a representation and warranty by the borrowing Borrower on the date of such Borrowing as to the facts specified in clauses (b), (c), (d) and (e) of this Section.

  • Borrowing Date Such Borrowing shall occur on or prior to March 21, 2018.

  • Revolving Loans The Borrower shall repay to the Lenders on the Maturity Date the aggregate principal amount of all Revolving Loans outstanding on such date.