Making of the Advances. (a) If the Borrower desires an Advance under this Agreement, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03. (b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing). (c) [Reserved.] (d) [Reserved.]
Appears in 4 contracts
Sources: Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.), Revolving Credit and Security Agreement (Goldman Sachs Private Credit Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) 12:00 noon on the Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than DollarsBorrowing; provided, 2:00 p.m. at least two (2) Business Days prior however that notwithstanding anything contained herein to the day contrary, no more than two Advances may be made in a calendar week. A Notice of Borrowing received after 3:00 p.m. shall be deemed received on the requested Advance; provided that following Business Day. Promptly following receipt of a Notice of Borrowing in connection accordance with a request for an Advance denominated in an Available Currency other than Dollarsthis Section, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 250,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 1:00 p.m. on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount on each Borrowing Date by wire transfer of immediately available funds to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Collateral Agent Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 4 contracts
Sources: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than than:
(xi) for an Advance in the case of Syndicated Borrowings denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and Borrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day;
(yii) for an Advance in the case of Syndicated Borrowings denominated in any Available Currency other than Dollarsan Agreed Foreign Currency, 2:00 p.m. at least two three (23) Business Days prior to the day of the requested AdvanceBorrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day; provided that and
(iii) in connection with a request for an Advance the case of Swingline Borrowings denominated in an Available Currency other than Dollars, 2:00 p.m. on the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowingthe requested Swingline Borrowing. Promptly following receipt of a Notice of Borrowing in accordance with this Section, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Loan to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to (in the Facility case of Syndicated Borrowings) the Commitment Termination Date and (in the case of Swingline Borrowings) the Swingline Facility End Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 250,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts Commitments hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice Borrowings of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies Class and Currency may be outstanding at the terms and conditions set forth in this Section 2.03same time.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 3 contracts
Sources: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.), Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.), Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Making of the Advances. (a) If the Borrower desires requires an Advance under this Agreement with respect to any Loan Class (x) to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, (y) to fund additional extensions of credit under Revolving Collateral Loans and Delayed Drawdown Collateral Loans from time to time, or (z) for any other purpose permitted under this Agreement, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (w) with respect to the initial Advance, the Closing Date, (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and Advance, (y) for an with respect to a Euro Advance denominated in any Available Currency other than Dollarsor a GBP Advance, 2:00 p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any Advance, other terms set forth in this Agreementthan a Dollar Advance, Euro Advance or GBP Advance, 2:00 p.m. New York City time at least three (3) Business Days prior to the terms set forth on Schedule 15 shall controlday of the requested Advance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Collateral Manager must provide to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Subject to the requirements set forth in Sections 2 and 3 hereof, each Lender shall, not later than 2:00 p.m. New York City time on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 3 contracts
Sources: Credit Agreement (HPS Corporate Lending Fund), Credit Agreement (HPS Corporate Lending Fund), Revolving Credit and Security Agreement (HPS Corporate Lending Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) 12:00 noon on the Business Day prior to the day of the requested Advance and (y) for an Advance denominated Borrowing. A Notice of Borrowing received after 3:00 p.m. shall be deemed received on the following Business Day. Promptly following receipt of a Notice of Borrowing in any Available Currency other than Dollarsaccordance with this Section, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 250,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 1:00 p.m. on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount on each Borrowing Date by wire transfer of immediately available funds to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Collateral Agent Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 3 contracts
Sources: Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp), Revolving Credit and Security Agreement (Monroe Capital Income Plus Corp)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) 2:00 p.m. on the Business Day prior to the day of the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 3 contracts
Sources: Credit and Security Agreement (Blue Owl Credit Income Corp.), Credit and Security Agreement (Blue Owl Technology Income Corp.), Credit and Security Agreement (Owl Rock Technology Income Corp.)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund), Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of on the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two 11:00 a.m. three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) [Reserved].
(d) Each Lender shall, if it has received the related Notice of Borrowing by 11:00 a.m. in accordance with Section 2.02(a), not later than 2:00 5:00 p.m. (or, if such related Notice of Borrowing is received at a later time, then at the earliest time that can be accommodated by such Lender using its commercially best efforts) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: Credit and Security Agreement (Diameter Credit Co), Credit and Security Agreement (Diameter Credit Co)
Making of the Advances. (a) If the Borrower desires requires an Advance under this Agreement with respect to any Loan Class (x) to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, (y) to fund additional extensions of credit under Revolving Collateral Loans and Delayed Drawdown Loans from time to time, or (z) for any other purpose permitted under this Agreement, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and Advance, (y) for an with respect to a Euro Advance denominated in any Available Currency other than Dollarsor a GBP Advance, 2:00 p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any Advance, other terms set forth in this Agreementthan a Dollar Advance, Euro Advance or GBP Advance, 2:00 p.m. New York City time at least three (3) Business Days prior to the terms set forth on Schedule 15 shall controlday of the requested Advance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Subject to the requirements set forth in Sections 2 and 3 hereof, each Lender shall, not later than 2:00 p.m. New York City time on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Trust Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: Credit Agreement (T. Rowe Price OHA Select Private Credit Fund), Revolving Credit and Security Agreement (T. Rowe Price OHA Select Private Credit Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than than:
(xi) for an Advance in the case of Syndicated Borrowings denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and Borrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day;
(yii) for an Advance in the case of Syndicated Borrowings denominated in any Available Currency other than Dollarsan Agreed Foreign Currency, 2:00 p.m. at least two three (23) Business Days prior to the day of the requested AdvanceBorrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day; provided that and
(iii) in connection with a request for an Advance the case of Swingline Borrowings denominated in an Available Currency other than Dollars, 2:00 p.m. on the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowingthe requested Swingline Borrowing. Promptly following receipt of a Notice of Borrowing in accordance with this Section, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to (in the Facility case of Syndicated Borrowings) the Commitment Termination Date and (in the case of Swingline Borrowings) the Swingline Facility End Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 250,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts Commitments hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice Borrowings of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies Class and Currency may be outstanding at the terms and conditions set forth in this Section 2.03same time.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.), Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lenderthe Collateral Agent and the Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than than:
(xi) for an Advance denominated in Dollarsthe case of Advances requested on the Closing Date, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 5:00 p.m. at least two (2) Business Days prior to the day Closing Date; and
(ii) in the case of all other Advances 11:00 a.m. three (3) Business Days prior to the requested Advance; provided that in connection with Borrowing Date.
(b) There shall be a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent maximum of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. three (3) Borrowings requested per week.
(c) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date (specifically identifying whether such Borrowing will be on three (3) Business Days’ notice. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 10,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a .
(d) The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies by 2:00 p.m. on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by noon on the next succeeding Business Day).
(be) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: Credit and Security Agreement (CION Investment Corp), Credit and Security Agreement (CION Investment Corp)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent Agent, the Collateral Administrator and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in with respect to any Available Currency Advance, other than Dollarsa Dollar Advance, 2:00 p.m. New York City time at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Investment Advisor must provide (or have previously provided) to the Administrative Agent: (i) for each Collateral Loan that is not a Broadly Syndicated Loan, copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent or (ii) for each Collateral Loan that is a Broadly Syndicated Loan, copies of the Asset Information specified in clauses (c), (e) and (j) of the definition thereof related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent . The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. New York time on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Fidelity Private Credit Fund), Revolving Credit and Security Agreement (Fidelity Private Credit Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of on the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) [Reserved].
(d) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: Credit and Security Agreement (LGAM Private Credit LLC), Credit and Security Agreement (LGAM Private Credit LLC)
Making of the Advances. (ai) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement to purchase a Collateral Loan for which the Approval Request has been approved by the Administrative Agent it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least (i) two (2) Business Days prior to the day of the requested Advance; provided that Borrowing or (ii) solely in connection with a request for an the case of each initial Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of two (2) weeks (or such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of longer period agreed to by the Borrower and the Administrative Agent and delivery Servicer that shall not to be more than six (6) weeks) prior to the other parties hereto, which shall set forth date of the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) ), and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Conversion Date, the currency of the Borrowing requested shall be an Available Currency and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Allocated Facility Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 12:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 2 contracts
Sources: First Omnibus Amendment (Pennantpark Investment Corp), Revolving Credit and Security Agreement (Pennantpark Investment Corp)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 12:00 noon at least one three (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 10,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies by 4:30 p.m. on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by 4:30 p.m. on the next succeeding Business Day).
(b) Each Lender shall, not later than 2:00 p.m. 12:00 noon on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds in Dollars to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Subaccount.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than than:
(xi) for an Advance denominated in Dollarsthe case of Syndicated Borrowings, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and Borrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day; and
(yii) for an Advance denominated in any Available Currency other than Dollarsthe case of Swingline Borrowings, 2:00 p.m. at least two (2) Business Days prior to on the day date of the requested Advance; provided that Swingline Borrowing. Promptly following receipt of a Notice of Borrowing in connection accordance with a request for an Advance denominated in an Available Currency other than Dollarsthis Section, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Loan to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to (in the Facility case of Syndicated Borrowings) the Commitment Termination Date and (in the case of Swingline Borrowings) the Swingline Facility End Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 250,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts Commitments hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Making of the Advances. (ai) If Each of the Borrower desires an Advance under Lenders, relying upon each of the representations and warranties set out in Section 2, hereby severally and not jointly agrees with the Borrowers that, subject to and upon the terms of this Credit Facility Agreement, it will, not later than 11:00 A.M. (New York City time) on the Drawdown Date of any Advance in respect of each Tranche (except as provided in subsection (ii) of this Section), make its portion of the relevant Advance, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address and to such account as set forth on Schedule 1 or to such account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. Unless the Administrative Agent determines that any applicable condition specified in Section 4 has not been satisfied, the Administrative Agent will make the funds so received from the Lenders available to the Borrowers at the aforesaid address, subject to the receipt of the funds by the Administrative Agent as provided in the immediately preceding sentence, not later than 10:00A.M. (New York City time) on the date of such Advance, and in any event as soon as practicable after receipt. All Advances, subject to the other terms and conditions hereof, shall give be in a minimum amount of One Million Dollars ($1,000,000) and in multiples of Two Hundred Fifty Thousand Dollars ($250,000). The Facility and each Tranche hereunder shall be repayable as provided in Section 5.
(ii) The Lenders' obligation to make the Collateral relevant Initial Advance in respect of any Tranche hereunder shall terminate if the conditions precedent provided in Section 4.1 are not each completed to the satisfaction of the Administrative Agent upon the date hereof and the Administrative Agent does not receive a Drawdown Notice in respect of each Initial Advance under any Tranche within 90 days of the date hereof. The Lenders' obligation to make the relevant Secondary Advance and/or Tertiary Advance in respect of any Tranche hereunder shall terminate if the conditions precedent provided in Section 4.2 are not each completed to the satisfaction of the Administrative Agent and the Administrative Agent (with does not receive a copy to Drawdown Notice in respect of each Lender) a written notice (each, a “Notice of Borrowing”) for such Secondary Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an and/or Tertiary Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day under any Tranche prior to the day relevant Delivery Date of the requested relevant Vessel. The Lenders' obligation to make the relevant Delivery Advance and (y) for an Advance denominated in respect of any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior Tranche hereunder shall terminate if the conditions precedent provided in Section 4.3 are not each completed to the day satisfaction of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent upon the date of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, Delivery Advance and the Administrative Agent shall provide does not receive a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement Drawdown Notice in respect of the Borrower relevant Delivery Advance at least three (3) Banking Days before the Final Availability Date. Notwithstanding the foregoing, the Lenders' obligation to make any Advance in respect of any Tranche hereunder shall terminate if the Vessel to which such Tranche relates is not delivered to the Borrowers by the Final Availability Date with respect to such Tranche.
(iii) Unless the Administrative Agent shall have received notice from a Lender prior to the Drawdown Date of any Advance that such Lender will not make available to the Administrative Agent such ▇▇▇▇▇▇'s share of such Advance, the Administrative Agent may assume that such ▇▇▇▇▇▇ has made such share available to the Administrative Agent on the date of such Advance in accordance with this Section 3.1 and the Administrative Agent and delivery may, in reliance upon such assumption, make available to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance Borrowers on such date or the following Business Day) a corresponding amount. If and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the amount Borrowers (but without duplication and not if such Lender is an affiliate of the Advance requested in Administrative Agent) severally agree to repay to the Administrative Agent forthwith on demand such Notice of Borrowing corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrowers until the date such amount is repaid to the Administrative Agent, at (the “Requested Amount”i) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assetsthe Borrowers, a rate per annum equal to the higher of (y) the LIBOR rate for overnight or weekend deposits plus the Margin and (z) the interest rate applicable thereto pursuant to Section 6.1 and (ii) in the case of such Lender, the LIBOR rate for overnight or weekend deposits. If such Lender shall repay to the Administrative Agent such corresponding amount, such lesser amount so repaid shall constitute such Lender's Advance included in such Advance for purposes of this Credit Facility Agreement as of the date such Advance was made. Nothing in this subsection (b)(iii) shall be deemed to relieve any Lender of its obligation to make Advances to the extent provided in this Credit Facility Agreement. In the event that the Borrowers are required to repay an Advance to the Administrative Agent pursuant to this Section 3.1(b)(iii), as between the Borrowers and the defaulting Lender, the liability for any breakfunding costs as described in Section 4.6 shall be funded borne by the Borrower in respect thereof)defaulting Lender. Notwithstanding anything If the defaulting Lender has not paid any such breakage costs upon demand by the Administrative Agent therefor, the Borrowers shall pay such breakage costs upon demand by the Administrative Agent and the Borrowers shall be entitled to recover any such payment for breakfunding costs made by the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies Borrowers from the terms and conditions set forth in this Section 2.03defaulting Lender.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such timeBorrowing. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. USActive 53861575.5 -56- Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Borrowing shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Borrowing requested shall be Dollars and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(cb) [Reserved.].
(dc) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Borrowing and prior to 11 a.m. on the date of the proposed Borrowing. (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenders shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if the Lenders are unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they are reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Making of the Advances. (ai) If Each of the Lenders, relying upon each of the representations and warranties set out in Section 2, hereby severally and not jointly agrees with the Borrower desires an Advance under that, subject to and upon the terms of this Credit Facility Agreement, it will, not later than 11:00 A.M. (New York City time) on the Drawdown Date of each Advance (except as provided in subsection (ii) of this Section), make its portion of the relevant Advance, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address and to such account as set forth on Schedule 1 or to such account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. Unless the Administrative Agent determines that any applicable condition specified in Section 4.1, 4.2, 4.3 or 4.4 has not been satisfied, the Administrative Agent will make the funds so received from the Lenders available to the Borrower at the aforesaid address, subject to the receipt of the funds by the Administrative Agent as provided in the immediately preceding sentence, not later than 10:00A.M. (New York City time) on the date of such Advance, and in any event as soon as practicable after receipt. All Advances, subject to the other terms and conditions hereof, shall give be in a minimum amount of One Million Dollars ($1,000,000) and in multiples of Two Hundred Fifty Thousand Dollars ($250,000). The Facility shall be repayable as provided in Section 5. The Lenders' obligation to make any Advance hereunder shall terminate if the Collateral Vessels are not delivered to the Guarantors by the Commitment Termination Date.
(ii) Unless the Administrative Agent shall have received notice from a Lender prior to the Drawdown Date of any Advance that such Lender will not make available to the Administrative Agent such Lender's share of such Advance, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Advance in accordance with this Section 3.1 and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrower (but without duplication and not if such Lender is an affiliate of the Administrative Agent) severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with a copy interest thereon, for each day from the date such amount is made available to each Lenderthe Borrower until the date such amount is repaid to the Administrative Agent, at (i) a written notice (eachin the case of the Borrower, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior rate per annum equal to the day higher of the requested Advance and (y) the LIBOR rate for overnight or weekend deposits plus the Margin and (z) the interest rate applicable thereto pursuant to Section 6.1 and (ii) in the case of such Lender, the LIBOR rate for overnight or weekend deposits. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance included in such Advance for purposes of this Credit Facility Agreement as of the date such Advance was made. Nothing in this subsection (b)(ii) shall be deemed to relieve any Lender of its obligation to make Advances to the extent provided in this Credit Facility Agreement. In the event that the Borrower is required to repay an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of Administrative Agent pursuant to this Section 3.1(b)(ii), as between the requested Advance; provided that Borrower and the defaulting Lender, the liability for any breakfunding costs as described in connection with a request for an Advance denominated in an Available Currency other than DollarsSection 4.5 shall be borne by the defaulting Lender. If the defaulting Lender has not paid any such breakage costs upon demand by the Administrative Agent therefor, the Borrower shall notify the Administrative Agent of pay such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 breakage costs upon mutual agreement of the Borrower and demand by the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing Borrower shall be substantially in the form of Exhibit B, dated the date the request entitled to recover any such payment for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded breakfunding costs made by the Borrower in respect thereof). Notwithstanding anything to from the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03defaulting Lender.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least 2:00 p.m. one (1) Business Day prior to the day of requested Borrowing Date, (ii) if the requested Advance and (y) for an Advance is denominated in any Available Currency other than DollarsAUD, 2:00 p.m. at least two 11:00 a.m. five (25) Business Days prior to the day of requested Borrowing Date and (iii) if the requested Advance; provided that in connection with a request for an Advance is denominated in an Available any Eligible Currency (other than Dollars), the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery 2:00 p.m. three (3) Business Days prior to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. requested Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) [Reserved].
(d) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower or, if designated by the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower or, if designated by the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Fidelity Private Credit Fund)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement in connection with the Borrower’s purchase or funding of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed -71- funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account USActive 54953942.17 -60- Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(cb) [Reserved.]
(dc) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Ares Capital Corp)
Making of the Advances. (ai) If Each of the Borrower desires an Advance under Lenders, relying upon each of the representations and warranties set out in Section 2, hereby severally and not jointly agrees with the Borrowers that, subject to and upon the terms of this Credit Facility Agreement, it will, not later than 11:00 A.M. (New York City time) on the Drawdown Date of each Advance (except as provided in subsection (ii) of this Section), make its portion of the relevant Advance, in Federal or other funds immediately available in New York City, to the Administrative Agent at its address and to such account as set forth on Schedule 1 or to such account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. Unless the Administrative Agent determines that any applicable condition specified in Section 4.1, 4.2, 4.3 or 4.4 has not been satisfied, the Administrative Agent will make the funds so received from the Lenders available to the Borrowers at the aforesaid address, subject to the receipt of the funds by the Administrative Agent as provided in the immediately preceding sentence, not later than 10:00A.M. (New York City time) on the date of such Advance, and in any event as soon as practicable after receipt. All Advances, subject to the other terms and conditions hereof, shall give be in a minimum amount of One Million Dollars ($1,000,000) and in multiples of Two Hundred Fifty Thousand Dollars ($250,000). The Facility shall be repayable as provided in Section 5. The Lenders' obligation to make any Advance hereunder shall terminate if the Collateral Vessels are not delivered to the Borrowers by April 30, 2005.
(ii) Unless the Administrative Agent shall have received notice from a Lender prior to the Drawdown Date of any Advance that such Lender will not make available to the Administrative Agent such Lender's share of such Advance, the Administrative Agent may assume that such Lender has made such share available to the Administrative Agent on the date of such Advance in accordance with this Section 3.1 and the Administrative Agent may, in reliance upon such assumption, make available to the Borrowers on such date a corresponding amount. If and to the extent that such Lender shall not have so made such share available to the Administrative Agent, such Lender and the Borrowers (but without duplication and not if such Lender is an affiliate of the Administrative Agent) severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with a copy interest thereon, for each day from the date such amount is made available to each Lenderthe Borrowers until the date such amount is repaid to the Administrative Agent, at (i) a written notice (eachin the case of the Borrowers, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior rate per annum equal to the day higher of the requested Advance and (y) the LIBOR rate for an Advance denominated overnight or weekend deposits plus the Margin and (z) the interest rate applicable thereto pursuant to Section 6.1 and (ii) in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day case of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollarssuch Lender, the Borrower LIBOR rate for overnight or weekend deposits. If such Lender shall notify repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender's Advance included in such Advance for purposes of this Credit Facility Agreement as of the date such proposed Advance, Advance was made. Nothing in this subsection (b)(ii) shall be deemed to relieve any Lender of its obligation to make Advances to the relevant Available Currency and extent provided in this Credit Facility Agreement. In the proposed date of borrowing, and event that the Borrowers are required to repay an Advance to the Administrative Agent pursuant to this Section 3.1(b)(ii), as between the Borrowers and the defaulting Lender, the liability for any breakfunding costs as described in Section 4.5 shall provide a schedulebe borne by the defaulting Lender. If the defaulting Lender has not paid any such breakage costs upon demand by the Administrative Agent therefor, which schedule the Borrowers shall become part of this Agreement as Schedule 15 pay such breakage costs upon mutual agreement of the Borrower and demand by the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing Borrowers shall be substantially in the form of Exhibit B, dated the date the request entitled to recover any such payment for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded breakfunding costs made by the Borrower in respect thereof). Notwithstanding anything to Borrowers from the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03defaulting Lender.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it the Borrower or the Collateral Manager shall give the Collateral Agent Agent, the Collateral Administrator and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 1:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in with respect to any Available Currency Advance, other than Dollarsa Dollar Advance, 2:00 1:00 p.m. New York City time at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Collateral Manager must provide (or have previously provided) to the Administrative Agent: for each Collateral Loan, copies of the Asset Information related to such Collateral Loan as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything ; provided, that, with respect to any Advance other than a Dollar Advance, the contrary contained herein, a Notice of Borrowing Administrative Agent in its sole discretion may include requests for more than one Advance so long as each request therein separately satisfies the terms consent (which may be by email) to waive such minimum denomination and conditions set forth in this Section 2.03integral multiple requirements.
(b) Each Lender shall, not later than 2:00 p.m. New York City time on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Trust Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Lord Abbett Private Credit Fund S)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) on the Business Day prior to the day of the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date, whether such Advance is -58- USActive 55502425.1255502425.13 an Advance (MM) or an Advance (Other), and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) [Reserved].
(d) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(ce) [ReservedOn each Monthly Reporting Date, the Advances Outstanding shall be re-balanced so that (x) the ratio of Advances (MM) to Advances Outstanding equals (y) the ratio of the Aggregate Asset Value of all Eligible Collateral Loans constituting Middle Market Loans to the Aggregate Asset Value of all Eligible Collateral Loans.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Blackstone Private Credit Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement on the Closing Date it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. 12:00 noon at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such timeClosing Date. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each The Notice of Borrowing shall be substantially in the form of Exhibit BA hereto, dated the date the request for the related Advance is being madeClosing Date, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. The proposed date of the Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date and the amount Closing Date. The Administrative Agent shall notify each Lender of the Advance requested in its receipt of such Notice of Borrowing (by 4:30 p.m. on the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple day of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect receipt thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. 12:00 noon on each Borrowing Date in respect of Advancesthe Closing Date, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds in Dollars to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Subaccount.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Oxford Square Capital Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Borrowing shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Borrowing requested shall be Dollars and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(cb) [Reserved.].
(dc) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Borrowing and prior to 11 a.m. on the date of the proposed Borrowing. (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenders shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if the Lenders are unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they are reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Making of the Advances. (a) If the Borrower desires an Advance to request a Borrowing under this Agreement, it the Borrower shall give the Collateral Facility Agent and the Administrative Agent (with a copy to each Lender) Lenders a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice notice, except as provided herein, shall be irrevocable and effective upon receipt) not later than 1:00 p.m. (xNew York City time) for an Advance denominated in Dollars, 11:00 a.m. at least one three (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (23) Business Days prior to the day of the requested AdvanceBorrowing; provided that in connection with a request provided, that, for an Advance denominated in an Available Currency other than Dollarsany Borrowing which is to occur on the Closing Date, the Borrower related Notice of Borrowing shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide be delivered within a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery reasonable time prior to the other parties hereto, which Closing Date. A Notice of Borrowing received after 1:00 p.m. (New York City time) shall set forth be deemed received on the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlfollowing Business Day. Each Notice of Borrowing shall be substantially in the form of Exhibit BA hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Certification, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, and subject to the limitations set forth in Section 2.01, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be allocated among Class A Advances and Class B Advances pursuant to the Notice of Borrowing and which in the aggregate shall be equal to at least $500,000 2,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required if agreed to be funded by the Borrower Facility Agent and the Lenders in respect thereoftheir sole and absolute discretion). Notwithstanding anything ; provided, that the requested Advances of each Class shall be allocated to the contrary contained hereinLenders within such Class (other than the Fronting Lender with respect to the Class B Advances) on a pro rata basis based upon each Lender’s Available Funding Limit Pro Rata Share. Unless otherwise permitted by the Facility Agent in its sole and absolute discretion, there shall be no more than two (2) Borrowing Dates per calendar week. Upon receipt of a Notice of Borrowing, each Class A Lender shall determine whether it will fund its Available Funding Limit Pro Rata Share of the portion of the Requested Amount constituting Class A Advances and each Class B Lender (other than the Fronting Lender) shall determine whether it will fund its Available Funding Limit Pro Rata Share of the portion of the Requested Amount constituting Class B Advances. If any Lender declines to fund its share of the Requested Amount, such Lender shall notify the Borrower, the Facility Agent and each other Lender in writing of such determination (a “Declining Advance Notice”) no later than two (2) Business Days following receipt of such Notice of Borrowing. In the event any Lender delivers a Declining Advance Notice with respect to a Notice of Borrowing, the Borrower shall (i) rescind the related Notice of Borrowing may include requests for more than by delivering written notice of such rescission to the Facility Agent and each of the Lenders within one (1) Business Day following receipt of such Declining Advance so long as each request therein separately satisfies Notice or (ii) subject to the terms and conditions set forth limitations in this Section 2.03.
2.01, amend the Notice of Borrowing to reflect a change in (bx) Each Lender shall, the Borrowing Date and/or (y) the Requested Amount and the allocation of Advances among the Lenders not having submitted a Declining Advance Notice (an “Amended Notice of Borrowing”). The Borrower shall give the Facility Agent and the Lenders written notice of the Amended Notice of Borrowing not later than 2:00 1:00 p.m. on each (New York City time) at least two (2) Business Days prior to the Borrowing Date specified in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Amended Notice of Borrowing). If any Lender declines to fund its share of the Requested Amount in such Amended Notice of Borrowing, such Lender shall notify the Borrower, the Facility Agent and each other Lender in writing of such determination no later than one (1) Business Day following receipt of such Amended Notice of Borrowing.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Upstart Holdings, Inc.)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess USActive 54953942.1755479929.4-61- thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Ares Capital Corp)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lenderthe Collateral Agent and the Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 10:00 a.m. on the date which is at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing Date. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies by noon on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by noon on the next succeeding Business Day).
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds in USD in the Notice of Borrowing to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or USD in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Borrowing to the Principal Collection Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Bain Capital Specialty Finance, Inc.)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this Agreement with respect to any Loan Class (x) to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, (y) to fund additional extensions of credit under Revolving Collateral Loans and Delayed Drawdown Collateral Loans from time to time, or (z) for any other purpose permitted under this Agreement, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (w) with respect to the initial Advance, the Closing Date, (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and Advance, (y) for an with respect to a Euro Advance denominated in any Available Currency other than Dollarsor a GBP Advance, 2:00 p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any Advance, other terms set forth in this Agreementthan a Dollar Advance, Euro Advance or GBP Advance, 2:00 p.m. New York City time at least three (3) Business Days prior to the terms set forth on Schedule 15 shall controlday of the requested Advance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServices Provider, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Services Provider must provide (or have previously provided) to the Administrative Agent for each Collateral Loan (other than Broadly Syndicated Loans unless requested) copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan to the extent received by the Borrower, as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Reinvestment Period End Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Subject to the requirements set forth in Articles II and III, each Lender shall, not later than 2:00 p.m. New York City time on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blue Owl Credit Income Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lenderthe Collateral Agent and the Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day requested Borrowing Date.
(b) There shall be a maximum of the three (3) Borrowings requested Advance and per week.
(yc) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date (specifically identifying whether such Borrowing will be on one (1) Business Day’s notice). The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 10,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a .
(d) The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies by 2:00 p.m. on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by noon on the next succeeding Business Day).
(be) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Cim Real Estate Finance Trust, Inc.)
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Maple Merger, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and and, the Administrative Agent (with a copy to each Lender) a written notice and, in the case of any Swingline Advance, the Swingline Lender (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) ), not later than (x) for an with respect to a Dollar Advance denominated in Dollars(other than a Swingline Advance), 11:00 a.m. 3:00 p.m. New York City time at least one onefive (115) Business Day DayDays prior to the day of the requested Advance and and, (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 3:00 p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency . and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any other terms set forth in this Agreementa Swingline Advance, 3:00 p.m. New York City time at least one (1) Business Day prior to the terms set forth on Schedule 15 shall controlday of the requested Swingline Advance. USActive 56468589.1056468589.17 Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the any Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, (x) the lower of (1)(x) other than with respect to a Swingline Advance, the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder or (y) with respect to a Swingline Advance, the lower of (A) the remaining unfunded Individual Lender Maximum Funding Amount of the Swingline Lender hereunder and (B) the remaining unfunded Swingline Maximum Funding Amount hereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone Private Credit Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lenderthe Collateral Agent and the Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 10:00 a.m. at least one (1) Business Day prior to the day of on the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested AdvanceBorrowing Date; provided that in connection with any advances outstanding on the Closing Date under the Existing Credit Agreement shall remain outstanding as Advances hereunder without further act and without the need for a request for an Advance denominated in an Available Currency other than Dollars, Notice of Borrowing on the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlClosing Date. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 10,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies by noon on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by noon on the next succeeding Business Day).
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds in Dollars to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (FS Investment Corp II)
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(cb) [Reserved.].
(dc) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone Secured Lending Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of on the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof); provided that, for the avoidance of doubt, in the case of a Borrowing in any Eligible Currency (other than Dollars), there is no required minimum amount or integral multiple. Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03USActive 59109857.1659109857.18
(c) [Reserved].
(bd) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (LGAM Private Credit LLC)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Borrowing shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Borrowing requested shall be Dollars and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.].
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Borrowing and prior to 11 a.m. on the date of the proposed Borrowing. (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenders shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if the Lenders are unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they are reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to 3:00 p.m. on the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least date that is two (2) Business Days prior to the day of the requested AdvanceBorrowing; provided provided, however that notwithstanding anything contained herein to the contrary, no more than one (1) Advance may be made in connection a calendar week. A Notice of Borrowing received after 3:00 p.m. shall be deemed received on the following Business Day. Promptly following receipt of a Notice of Borrowing in accordance with a request for an Advance denominated in an Available Currency other than Dollarsthis Section, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 1:00 p.m. on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount on each Borrowing Date by wire transfer of immediately available funds to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Advances available to the Borrower by disbursing such funds promptly crediting the amounts so received, in Dollars like funds, to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Operating Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Logan Ridge Finance Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Borrowing shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Borrowing requested shall be Dollars and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(cb) [Reserved.].
(dc) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Borrowing and prior to 11 a.m. on the date of the proposed Borrowing. (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenders shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise USActive 51774144.2053776213.6-55- set forth in this Agreement; provided, that if the Lenders are unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they are reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to (or, in the day case of the requested any Advance and (y) for an Advance denominated in any Available Currency a currency other than Dollars, 2:00 p.m. at least two (2) Business Days Days) prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. USActive 58363225.2 Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Ares Capital Corp)
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Maple Merger, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.].
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone Private Credit Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give each Lender, the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lenderthe Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day (or such shorter time as may be mutually agreed upon by the Borrower and the Administrative Agent) prior to the day of the requested Borrowing; provided that any Notice of Borrowing requesting a Swingline Advance (which notice the Administrative Agent shall forward to the Swingline Lender and (y) for an Advance denominated in any Available Currency other each Lender), shall be delivered not later than Dollars, 2:00 p.m. at least two (2) Business Days prior to 12:00 noon on the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. 12:00 noon on each Borrowing Date in respect of Advances (other than Swingline Advances), make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing). In the case of a Swingline Advance, upon satisfaction of the applicable conditions set forth in Article III, the Swingline Lender shall make available to or at the direction of the Borrower in same day funds by wire transfer to the Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing) an amount equal to the least of (i) the amount requested by the Borrower for such Swingline Advance, (ii) the positive difference between (A) the Swingline Commitment then in effect and (B) the aggregate principal balance of Swingline Advances outstanding as of such date, (iii) the maximum amount that, after taking into account the proposed use of the proceeds of such Swingline Advance, could be advanced to the Borrower hereunder without causing the aggregate principal balance of Advances outstanding to exceed the Borrowing Base and (iv) the unused Commitment at such time of Truist as Lender.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Main Street Capital CORP)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to 3:00 p.m. on the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least date that is two (2) Business Days prior to the day of the requested AdvanceBorrowing; provided provided, however that notwithstanding anything contained herein to the contrary, no more than one (1) Advance may be made in connection a calendar week. A Notice of Borrowing received after 3:00 p.m. shall be deemed received on the following Business Day. Promptly following receipt of a Notice of Borrowing in accordance with a request for an Advance denominated in an Available Currency other than Dollarsthis Section, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Logan Ridge Finance Corp.)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase or funding of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (T Series Middle Market Loan Fund LLC)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to 12:00 noon on the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least date that is two (2) Business Days prior to the day of the requested AdvanceBorrowing; provided provided, however that notwithstanding anything contained herein to the contrary, no more than two Advances may be made in connection a calendar week. A Notice of Borrowing received after 3:00 p.m. shall be deemed received on the following Business Day. Promptly following receipt of a Notice of Borrowing in accordance with a request for an Advance denominated in an Available Currency other than Dollarsthis Section, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 1:00 p.m. on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount on each Borrowing Date by wire transfer of immediately available funds to the account of the Administrative Agent most recently designated by it for such purpose by notice to the Lenders. The Administrative Agent will make such Advances available to the Borrower by disbursing such funds promptly crediting the amounts so received, in Dollars like funds, to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Operating Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Capitala Finance Corp.)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each LenderLender and the Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent (in each case, to the extent reasonably available to the Servicer). Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved].]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender and the Collateral Administrator) after 2 p.m. on the Business Day immediately preceding the proposed Advance and prior to 11 a.m. on the date of the proposed Advance. (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenders shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if the Lenders are unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they are reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (OFS Capital Corp)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of on the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date, whether such Advance is an Advance (Specified) or an Advance (Other) and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoansAssets or Revolving Collateral LoansAssets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) On each Monthly Reporting Date, the Administrative Agent shall rebalance the Advances Outstanding so that (x) the ratio of Advances (Specified) to Advances Outstanding equals (y) the ratio of the Aggregate Asset Value of all Eligible Collateral LoansAssets constituting Middle Market Loans or Private Credit Loans to the Aggregate Asset Value of all Eligible Collateral LoansAssets .
(d) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Apollo Debt Solutions BDC)
Making of the Advances. (a) If the Borrower desires to make a Borrowingrequires an Advance under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give giveprovide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowingAdvance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance BorrowingAdvance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance BorrowingAdvance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related BorrowingAdvance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the BorrowingAdvance requested shall be Dollars and the amount of the Advance BorrowingAdvance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.].
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed BorrowingAdvance and prior to 11 a.m. on the date of the proposed Borrowing.]Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenderseach Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if the Lenders area Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenderssuch Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they aresuch Lender is reasonably able to do so.
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone Secured Lending Fund)
Making of the Advances. (a) If Subject to the Borrower desires an Advance terms and conditions of Section 2.03, if the Borrowers desire to request a Borrowing under this Agreement, it the Borrowers shall give the Collateral Administrative Agent a written notice, appropriately completed and signed by a Responsible Officer of the Lead Borrower, or may be given by telephone to the Administrative Agent (with a copy to each Lender) if promptly confirmed by such a written notice consistent with such telephonic notice) (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1New York City time) (A) in the case of a SOFR Borrowing, two (2) U.S. Government Securities Business Day Days prior to the day date of the requested Advance and Borrowing (yor such shorter notice as the Lenders, collectively, may agree in writing) for an Advance denominated or (B) in any Available Currency other than Dollarsthe case of a Base Rate Borrowing, 2:00 p.m. at least two (2) Business Days prior to the day date of the requested Advance; provided that Borrowing (or such shorter notice as the Lenders, collectively, may agree in connection with writing), setting forth (i) the related Requested Amount, (ii) a request for an Advance denominated in an Available Currency other than Dollars, calculation of each of the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency LTV Ratio and the proposed date of borrowingAcquisition/Disposition LTV Ratio, as determined both immediately before and after giving pro forma effect to the contemplated acquisition and the requested Borrowing, and (iii) the DSCR (after giving pro forma effect to the proposed Borrowing), which calculation shall demonstrate compliance with Section 3.03(b). A Notice of Borrowing received after 1:00 p.m. shall be deemed received on the following Business Day unless otherwise waived by the Lenders (with such waiver being conclusively evidenced by the funding of the requested Borrowing on the proposed borrowing date). The proceeds of all Advances shall be deposited in the Acquisition Account. Promptly on the same day following receipt of a Notice of Borrowing in accordance with this Section 2.04, the Administrative Agent shall provide forward a schedule, which schedule shall become copy of the same to each Lender (or its related Managing Agent) and advise each applicable Lender (or a Managing Agent on behalf of its Lenders) of the details thereof and of the amounts of such Lender’s Advance required to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BC hereto, dated the date the request for the related Advance Borrowing is being made, and shall be appropriately completed and signed by a Responsible Officer of the each Borrower (or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance Manager on such date or the following Business Day) and shall otherwise be appropriately completedits behalf). The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to occur during the Facility Termination Date Availability Period, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 100,000 (or an integral multiple of $100,000 in excess thereof (orless, if lessagreed to by the Lenders in their sole and absolute discretion but not greater than the related Initial Advance Amount). Each Managing Agent shall promptly advise its related Conduit Lender, if any, of any notice given pursuant to this Section 2.04(a) and shall promptly thereafter (but in no event later than 10:00 a.m. (New York City time) on the date of such Advance) notify the Administrative Agent, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in Borrowers and the case related Committed Lender(s) whether such |US-DOCS\161499384.7|| Conduit ▇▇▇▇▇▇ has determined to make all or any portion of Delayed Drawdown Collateral Assets, the Advances requested by such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03that are to be made by its related Committed Lender.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Warner Music Group Corp.)
Making of the Advances. (a) If Subject to the Borrower desires an Advance terms and conditions of Section 2.03, if the Borrowers desire to request a Borrowing under this Agreement, it the Borrowers shall give the Collateral Administrative Agent a written notice, appropriately completed and signed by a Responsible Officer of the Lead Borrower, or may be given by telephone to the Administrative Agent (with a copy to each Lender) if promptly confirmed by such a written notice consistent with such telephonic notice) (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. at least one (1New York City time) (A) in the case of a SOFR Borrowing, two (2) U.S. Government Securities Business Day Days prior to the day date of the requested Advance and Borrowing (yor such shorter notice as the Lenders, collectively, may agree in writing) for an Advance denominated or (B) in any Available Currency other than Dollarsthe case of a Base Rate Borrowing, 2:00 p.m. at least two (2) Business Days prior to the day date of the requested Advance; provided that Borrowing (or such shorter notice as the Lenders, collectively, may agree in connection with writing), setting forth (i) the related Requested Amount, (ii) a request for an Advance denominated in an Available Currency other than Dollars, calculation of each of the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency LTV Ratio and the proposed date of borrowingAcquisition/Disposition LTV Ratio, as determined both immediately before and after giving pro forma effect to the contemplated acquisition and the requested Borrowing, and (iii) the DSCR (after giving pro forma effect to the proposed Borrowing), which calculation shall demonstrate compliance with Section 3.03(b). A Notice of Borrowing received after 1:00 p.m. shall be deemed received on the following Business Day unless otherwise waived by the Lenders (with such waiver being conclusively evidenced by the funding of the requested Borrowing on the proposed borrowing date). The proceeds of all Advances shall be deposited in the Acquisition Account. Promptly on the same day following receipt of a Notice of Borrowing in accordance with this Section 2.04, the Administrative Agent shall provide forward a schedule, which schedule shall become copy of the same to each Lender (or its related Managing Agent) and advise each applicable Lender (or a Managing Agent on behalf of its Lenders) of the details thereof and of the amounts of such Lender’s Advance required to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BC hereto, dated the date the request for the related Advance Borrowing is being made, and shall be appropriately completed and signed by a Responsible Officer of the each Borrower (or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance Manager on such date or the following Business Day) and shall otherwise be appropriately completedits behalf). The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to occur during the Facility Termination Date Availability Period, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 100,000 (or an integral multiple of $100,000 in excess thereof (orless, if lessagreed to by the Lenders in their sole and absolute discretion but not greater than the related Initial Advance Amount). Each Managing Agent shall promptly advise its related Conduit Lender, if any, of any notice given pursuant to this Section 2.04(a) and shall promptly thereafter Doc#: US1:27042256v21 (but in no event later than 10:00 a.m. (New York City time) on the date of such Advance) notify the Administrative Agent, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in Borrowers and the case related Committed Lender(s) whether such Conduit ▇▇▇▇▇▇ has determined to make all or any portion of Delayed Drawdown Collateral Assets, the Advances requested by such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03that are to be made by its related Committed Lender.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Warner Music Group Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than than:
(xi) for an Advance in the case of Syndicated Borrowings denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and Borrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day;
(yii) for an Advance in the case of Syndicated Borrowings denominated in any Available Currency other than Dollarsan Agreed Foreign Currency, 2:00 p.m. at least two three (23) Business Days prior to the day of the requested AdvanceBorrowing. A Notice of Borrowing received after 2:00 p.m. shall be deemed received on the following Business Day; provided that and
(iii) in connection with a request for an Advance the case of Swingline Borrowings denominated in an Available Currency other than Dollars, 2:00 p.m. on the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowingthe requested Swingline Borrowing. Promptly following receipt of a Notice of Borrowing in accordance with this Section, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral ‑66‑ FILENAME Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to (in the Facility case of Syndicated Borrowings) the Commitment Termination Date and (in the case of Swingline Borrowings) the Swingline Facility End Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 250,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts Commitments hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice Borrowings of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies Class and Currency may be outstanding at the terms and conditions set forth in this Section 2.03same time.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (PennantPark Floating Rate Capital Ltd.)
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Loan Class to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and Advance, (y) for an with respect to a Euro Advance denominated in any Available Currency other than Dollarsor a GBP Advance, 2:00 p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any Advance, other terms set forth in this Agreementthan a Dollar Advance, Euro Advance or GBP Advance, 2:00 p.m. New York City time at least three (3) Business Days prior to the terms set forth on Schedule 15 shall controlday of the requested Advance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Subject to the requirements set forth in Sections 2 and 3 hereof, each Lender shall, not later than 2:00 p.m. New York City time on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Barings Private Credit Corp)
Making of the Advances. (aii) If the Borrower desires requires an Advance under this Agreement with respect to any Loan Class (x) to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, (y) to fund additional extensions of credit under Revolving Collateral Loans and Delayed Drawdown Collateral Loans from time to time, or (z) for any other purpose permitted under this Agreement, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (w) with respect to the initial Advance, the Closing Date, (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and Advance, (y) for an with respect to a Euro Advance denominated in any Available Currency other than Dollarsor a GBP Advance, 2:00 p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any Advance, other terms set forth in this Agreementthan a Dollar Advance, Euro Advance or GBP Advance, 2:00 p.m. New York City time at least three (3) Business Days prior to the terms set forth on Schedule 15 shall controlday of the requested Advance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Collateral Manager must provide to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Loan Class to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollarswith respect to a Dollar Advance, 11:00 a.m. 2:00 p.m. New York City time at least one (1) Business Day prior to the day of the requested Advance and Advance, (y) for an with respect to a Euro Advance denominated in any Available Currency other than Dollarsor a GBP Advance, 2:00 -71- p.m. New York City time at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 (z) with respect to an Available Currency are inconsistent with any Advance, other terms set forth in this Agreementthan a Dollar Advance, Euro Advance or GBP Advance, 2:00 p.m. New York City time at least three (3) Business Days prior to the terms set forth on Schedule 15 shall controlday of the requested Advance. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, (x) the lower of (1) the remaining unfunded Individual Lender Maximum Funding Amounts hereunderhereunder and (2) with respect to any Advances other than a Dollar Advance, the Non-Dollar Sublimit minus the Foreign Currency Advance Amount or, (y) in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Subject to the requirements set forth in Sections 2 and 3 hereof, each Lender shall, not later than 2:00 p.m. New York City time on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Barings Private Credit Corp)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 2:00 p.m10:00 a.m. at least one (1) on the Business Day prior to the day of the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Blue Owl Credit Income Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 2:00 p10:00 a.m. at least one (1) on the Business Day prior to the day of the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral Assets or Revolving Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Amendment No. 2 to Facility Documents (Blue Owl Technology Income Corp.)
Making of the Advances. (a) If the Borrower desires an Advance under this Agreement, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(b) [Reserved].
(c) [Reserved].]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Ares Strategic Income Fund)
Making of the Advances. (a) If the Borrower desires an Advance to request a Borrowing under this Agreement, it the Borrower shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than 1:00 p.m. (xNew York City time) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested AdvanceBorrowing; provided that in connection with a request provided, that, for an Advance denominated in an Available Currency other than Dollarsany Borrowing which is to occur on the Closing Date, the Borrower related Notice of Borrowing shall notify be delivered within a reasonable time prior to the Administrative Agent Closing Date. A Notice of such proposed AdvanceBorrowing received after 1:00 p.m. (New York City time) shall be deemed received on the following Business Day. Promptly following receipt of a Notice of Borrowing in accordance with this Section, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance to be made as part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlrequested Borrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Maximum Advance Rate Test Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 2,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required if agreed to be funded by the Borrower Administrative Agent and the Lenders in respect thereoftheir sole and absolute discretion). Notwithstanding anything to Unless otherwise permitted by the contrary contained hereinAdministrative Agent in its sole and absolute discretion, a Notice of Borrowing may include requests for there shall be no more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03two (2) Borrowing Dates per calendar week.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Upstart Holdings, Inc.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower, or the Collateral Manager on its behalf, shall give each Lender, the Collateral Administrative Agent and the Administrative Collateral Agent (with a copy to each Lenderthe Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day (or such shorter time as may be mutually agreed upon by the Borrower and the Administrative Agent) prior to the day of the requested Borrowing; provided that any Notice of Borrowing requesting a Swingline Advance (which notice the Administrative Agent shall 750499896 22723957 forward to the Swingline Lender and (y) for an Advance denominated in any Available Currency other each Lender), shall be delivered not later than Dollars, 2:00 p.m. at least two (2) Business Days prior to 12:00 noon on the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall controlBorrowing. Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorCollateral Manager, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance Borrowing on such date or the following Business Day) and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. 12:00 noon on each Borrowing Date in respect of Advances (other than Swingline Advances), make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing). In the case of a Swingline Advance, upon satisfaction of the applicable conditions set forth in Article III, the Swingline Lender shall make available to or at the direction of the Borrower in same day funds by wire transfer to the Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing) an amount equal to the least of (i) the amount requested by the Borrower for such Swingline Advance, (ii) the positive difference between (A) the Swingline Commitment then in effect and (B) the aggregate principal balance of Swingline Advances outstanding as of such date, (iii) the maximum amount that, after taking into account the proposed use of the proceeds of such Swingline Advance, could be advanced to the Borrower hereunder without causing the aggregate principal balance of Advances outstanding to exceed the Borrowing Base and (iv) the unused Commitment at such time of Truist as Lender.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lenderthe Collateral Agent and the Collateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) on the Business Day prior to the day of the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date, whether such Advance is an Advance (MM) or an Advance (Other), and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Borrowing in any Eligible Currency (other than Dollars), there is no required minimum amount or integral multiple.
(c) The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies by 5:00 p.m. on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by noon on the next succeeding Business Day).
(bd) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Account.
(ce) [ReservedOn each Monthly Reporting Date, the Advances Outstanding shall be re-balanced so that (x) the ratio of Advances (MM) to Advances Outstanding equals (y) the ratio of the Aggregate Asset Value of all Eligible Collateral Loans constituting Middle Market Loans to the Aggregate Asset Value of all Eligible Collateral Loans.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Blackstone Private Credit Fund)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement in connection with the Borrower’s purchase or funding of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (T Series Middle Market Loan Fund LLC)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Morgan Stanley Direct Lending Fund)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Loan Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide (or have previously provided) to the Administrative Agent for each Collateral Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (T Series Middle Market Loan Fund LLC)
Making of the Advances. (a) If the Borrower desires that the Lenders make an Advance under this AgreementAgreement with respect to any Class in connection with the Borrower’s purchase of a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02, it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars), 11:00 a.m. with respect to any Dollar Advance, 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an with respect to any Advance denominated in any Available Currency other than Dollarsa Dollar Advance, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent (in each case, to the extent reasonably available to the Servicer). Each Notice of Borrowing shall specify the Class under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Termination Date Date, the currency of the Advance requested shall be in an Available Currency and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least the Dollar Equivalent of $500,000 or an integral multiple of the Dollar Equivalent of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Class, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars the applicable Available Currency to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved].]
(d) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the Business Day immediately preceding the proposed Advance and prior to 11 a.m. on the date of the proposed Advance. (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, the Lenders shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if the Lenders are unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, the Lenders shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as they are reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (KKR FS Income Trust Select)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower shall give the Collateral Agent and provide the Administrative Agent (and each Funding Agent with a copy to each Lender) a written notice request for an advance substantially in the form of Exhibit A hereto (each, a “Notice of BorrowingRequest for Advance”) ), which Request for such Advance (which notice shall be irrevocable and effective upon receiptreceipt of (i) a Borrowing Base Certificate demonstrating compliance with the Borrowing Base Test as of the date of the Request for Advance and (ii) a Data File identifying certain characteristics of any Receivables being sold to the Borrower in connection with such Borrowing, in each case, subject to Section 2.02(b), not later than 12:00 p.m. (xNew York time) for an Advance denominated in Dollars, 11:00 a.m. at least one (1) on the third U.S. Government Securities Business Day immediately prior to the day of the requested Advance and Borrowing (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of or such proposed Advance, the relevant Available Currency and the proposed later time or date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) and shall otherwise be appropriately completedFunding Agents may agree). The proposed Borrowing Date specified in each Notice of Borrowing Request for Advance shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in each such Notice of Borrowing Request for Advance (the “Requested Amount”) shall be WEIL:\99621584\14\35899.0654 equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Commitments hereunder) and integral multiples of $1 in excess thereof. Promptly following receipt of a Request for Advance in accordance with this Section 2.02, the Funding Agents shall advise each applicable Lender Maximum Funding Amounts hereunder, or, in its Facility Group of the case details thereof and of Delayed Drawdown Collateral Assets, the amounts of such lesser amount required Lender’s Advance to be funded made as part of the requested Borrowing. Each Request for Advance shall be dated the date it is delivered to the Administrative Agent and the Funding Agents, and signed by a Responsible Officer of the Borrower. By submitting a Request for Advance, the Borrower in respect thereof). Notwithstanding anything shall be deemed to have represented and warranted to the contrary contained hereinAdministrative Agent and the Lenders that, a Notice immediately after giving effect to the proposed Borrowing on the related Borrowing Date, each of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions precedent set forth in this Section 2.033.02 have been satisfied.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (ACV Auctions Inc.)
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(b) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone / GSO Secured Lending Fund)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xa) for an Advance denominated if Capital One, N.A. is the only Lender, 5:00 p.m. (New York time), and (b) if there are two (2) or more Lenders, 12:00 noon (New York time), in Dollars, 11:00 a.m. at least one (1) each case on the Business Day prior to the day of the requested Borrowing; provided, however that notwithstanding anything contained herein to the contrary, no more than five (5) such Advances may be made in a calendar week unless otherwise agreed to by the Administrative Agent. For the avoidance of doubt, any Advance and (y) for that is deemed to have been requested pursuant to Section 2.04(b), shall not constitute an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. for purposes of such weekly Advance limit. A Notice of Borrowing received after 12:00 noon (New York time) shall be deemed received on the following Business Day. Each Borrowing shall bear interest at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, Alternative Rate until the Borrower shall notify the Administrative Agent of elects to convert such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide Borrowing to a schedule, which schedule shall become part of this Agreement different Interest Rate as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances provided in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Section 2.15.
(a) Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple 50,000.
(b) Promptly following receipt of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance so long to be made as each request therein separately satisfies part of the terms and conditions set forth in this Section 2.03requested Borrowing.
(bc) Each Lender shall, not later than 2:00 1:00 p.m. (New York time) on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount on each Borrowing Date by wire transfer of immediately available funds to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(c) [Reserved.]
(d) [Reserved.]Account. - 40- 34881204v6 110062879
Appears in 1 contract
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of on the requested Advance Borrowing Date and (yii) for an if the Advance is denominated in any Available Eligible Currency (other than Dollars), 2:00 p.m. at least two three (23) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Borrowing Date.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableCollateral Manager on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date, whether such Advance is an Advance (Specified) or an Advance (Other) and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 1,000,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Notice of Borrowing may include requests for more in any Eligible Currency (other than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03Dollars), there is no required minimum amount or integral multiple.
(bc) On each Monthly Reporting Date, the Administrative Agent shall rebalance the Advances Outstanding so that (x) the ratio of Advances (Specified) to Advances Outstanding equals (y) the ratio of the Aggregate Asset Value of all Eligible Collateral Loans constituting Middle Market Loans or Private Credit Loans to the Aggregate Asset Value of all Eligible Collateral Loans.
(d) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Apollo Debt Solutions BDC)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Collateral Agent and the Administrative Agent (with a copy to each Lenderthe Collateral Agent and the Collateral Administrator) a written notice substantially in the form of Exhibit B hereto (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 10:00 a.m. on the requested Borrowing Date, (ii) if the Advance is denominated in CAD, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of requested Borrowing Date, (iii) if the Advance is denominated in EUR or GBP, 11:00 a.m. three (3) Business Days prior to the requested Advance; provided that in connection with a request for an Borrowing Date and (iv) if the Advance is denominated in an Available any other Eligible Currency (other than DollarsUSD, the Borrower shall notify CAD, EUR or GBP), such time period determined by the Administrative Agent of such proposed Advancein its reasonable discretion; provided that, the relevant Available Currency and the proposed date of borrowingin each case, and the Administrative Agent shall provide a schedulemay, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement on behalf of the Borrower Lenders, waive any notice requirement from time to time and the Administrative Agent and delivery agree in its sole discretion to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in provide such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to Advance on an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. expedited basis.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableServicer on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the applicable Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Borrowing in any Eligible Currency (other than Dollars), there is no required minimum amount or integral multiple.
(c) The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one by (x) 12:00 p.m. in the case of an Advance so long as in Dollars or (y) 5:00 p.m. in the case of any other Advance, in each request therein separately satisfies case on the terms and conditions set forth in this Section 2.03day of receipt thereof (or, if such day is not a Business Day, by noon on the next succeeding Business Day).
(bd) Each Lender shallshall (subject to the following clause (e)), not later than 2:00 p.m. 11:00 a.m. (or, in the case of an Advance in Dollars 1:00 p.m.) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(b). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or Account, unless the Administrative Agent has agreed in accordance with its sole discretion to make the wire instructions delivered in connection with Requested Amount available to the Notice of Borrowing)Borrower prior to such receipt from the Lenders.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (Antares Strategic Credit Fund II LLC)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Eligible Currency other than Dollars, 2:00 p.m. at least two three (23) Business Days prior to the day of requested Borrowing Date and (ii) if the Advance is denominated in Dollars, 2:00 p.m. on the Business Day prior to the requested AdvanceBorrowing Date (or, in the case of same day funding, no later than 10:00 a.m. on the same Business Day); provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances not request same day funding more than once in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. calendar month.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableServicer on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect -70- DOCPROPERTY "DocID" \* MERGEFORMAT USActive 60781347.5 thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Borrowing in any Eligible Currency (other than Dollars), there is no required minimum amount or integral multiple.
(c) The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as by 5:00 p.m. on the day of receipt thereof (or, if such day is not a Business Day, by 12:00 p.m. on the next succeeding Business Day); provided that, in the case of same day funding, the Administrative Agent shall notify each request therein separately satisfies the terms and conditions set forth in this Section 2.03Lender of its receipt of such Notice of Borrowing within two (2) hours of its receipt thereof.
(bd) Each Lender shall, subject to Section 2.01(d) and Section 2.02(f), not later than 2:00 1:00 p.m. (or, if later, on a best efforts basis, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Administrative Agent in immediately available funds by disbursing such funds to the account of the Administrative Agent in accordance with the wiring instruction set forth in the notification of Notice of Borrowing delivered by the Administrative Agent to the Lenders pursuant to Section 2.02(a). Once each Lender has funded its Percentage of the applicable Requested Amount, the Administrative Agent shall make the Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Account.
(e) At no time will any Uncommitted Lender have any obligation to fund an Advance. At all times on and after the Conduit Advance Termination Date for a Conduit Lender in a Lender Group, all Advances shall be made by the Committed Lenders in such Lender Group. At any time when any Uncommitted Lender has failed to or has rejected a request to fund an Advance, the related Lender Agent shall so notify the Related Committed Lender or Liquidity Bank for such Uncommitted Lender and such Related Committed Lender or Liquidity Bank, as applicable, shall fund such Advance. Notwithstanding anything contained in accordance this Section 2.02(e) or elsewhere in this Agreement to the contrary, no Committed Lender shall be obligated to provide its Lender Group Agent or the Borrower with the wire instructions delivered funds in connection with an Advance in an amount that would result in the Notice portion of Borrowing)the Advances then funded by it exceeding its Commitment then in effect. The obligation of the Committed Lender in each Lender Group to remit any Advance shall be several from that of the other Lenders, and the failure of any Committed Lender to so make such amount available to its Agent shall not relieve any other Committed Lender of its obligation hereunder.
(cf) [ReservedNotwithstanding anything to the contrary herein, no Conduit Lender shall have any obligation to fund any Advance on the same day as the receipt by such Conduit Lender of a Notice of Borrowing for such requested Advance.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (SLR Investment Corp.)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, Agreement it shall give the Administrative Agent and the Lenders (with a copy to the Collateral Agent and the Administrative Agent (with a copy to each LenderCollateral Administrator) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xi) for an if the Advance is denominated in Dollars, 11:00 a.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Eligible Currency other than Dollars, 2:00 p.m. at least two three (23) Business Days prior to the day of requested Borrowing Date and (ii) if the Advance is denominated in Dollars, 2:00 p.m. on the Business Day prior to the requested AdvanceBorrowing Date (or, in the case of same day funding, no later than 10:00 a.m. on the same Business Day); provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances not request same day funding more than once in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. calendar month.
(b) Each Notice of Borrowing shall be substantially in the form of Exhibit BB hereto, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower (or the Investment Advisor, as applicableServicer on behalf of the Borrower), shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) Statement, and shall otherwise be appropriately completed. Such Notice of Borrowing shall specify the proposed Borrowing Date and the Eligible Currency. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date and and, with respect to Borrowings in Dollars, the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Delayed Drawdown Collateral AssetsLoans or Revolving Collateral Loans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to ; provided that, for the contrary contained hereinavoidance of doubt, in the case of a Borrowing in any Eligible Currency (other than Dollars), there is no required minimum amount or integral multiple.
(c) The Administrative Agent shall notify each Lender of its receipt of such Notice of Borrowing may include requests for more than one Advance so long as by 5:00 p.m. on the day of receipt thereof (or, if such day is not a Business Day, by 12:00 p.m. on the next succeeding Business Day); provided that, in the case of same day funding, the Administrative Agent shall notify each request therein separately satisfies the terms and conditions set forth in this Section 2.03Lender of its receipt of such Notice of Borrowing within two (2) hours of its receipt thereof.
(bd) Each Lender shall, not later than 2:00 p.m. 11:00 a.m. (or, if later, on a best efforts basis, within three (3) hours of its receipt of the related Notice of Borrowing) on each Borrowing Date in respect of Advances, make its Percentage of the applicable Requested Amount available to the Borrower in immediately available funds by disbursing such funds in Dollars to the applicable Principal Collection Account (or account of the Borrower in accordance with the wire instructions delivered wiring instruction set forth in connection with the notification of Notice of BorrowingBorrowing delivered by the Borrower to the Lenders pursuant to Section 2.02(a).
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Credit and Security Agreement (SLR Private Credit BDC II LLC)
Making of the Advances. (a) If the Borrower desires an Advance to make a Borrowing under this Agreement, it the Borrower shall give the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance Borrowing (which notice shall be irrevocable and effective upon receipt) not later than (xa) for an Advance denominated if Capital One, N.A. is the only Lender, 5:00 p.m. (New York time), and (b) if there are two (2) or more Lenders, 12:00 noon (New York time), in Dollars, 11:00 a.m. at least one (1) each case on the Business Day prior to the day of the requested Borrowing; provided, however that notwithstanding anything contained herein to the contrary, no more than five (5) such Advances may be made in a calendar week unless otherwise agreed to by the Administrative Agent. For the avoidance of doubt, any Advance and (y) for that is deemed to have been requested pursuant to Section 2.04(b), shall not constitute an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. for purposes of such weekly Advance limit. A Notice of Borrowing received after 12:00 noon (New York time) shall be deemed received on the following Business Day. Each Borrowing shall bear interest at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, Alternative Rate until the Borrower shall notify the Administrative Agent of elects to convert such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide Borrowing to a schedule, which schedule shall become part of this Agreement different Interest Rate as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances provided in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Section 2.15.
(a) Each Notice of Borrowing shall be substantially in the form of Exhibit BA, dated the date the request for the related Advance Borrowing is being made, signed by a Responsible Officer of the Borrower or the Investment Advisor, as applicableBorrower, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which as of the Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma Date after giving effect to any Collateral Assets being acquired with the proceeds of such Advance on such date or the following Business Day) requested Borrowing, and shall otherwise be appropriately completed. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, and the amount of the Advance Borrowing requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple 50,000.
(b) Promptly following receipt of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, or, in the case of Delayed Drawdown Collateral Assets, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the details thereof and of the amounts of such Lender’s Advance so long to be made as each request therein separately satisfies part of the terms and conditions set forth in this Section 2.03requested Borrowing.
(bc) Each Lender shall, not later than 2:00 1:00 p.m. (New York time) on each Borrowing Date in respect of AdvancesDate, make its Percentage of the applicable Requested Amount on each Borrowing Date by wire transfer of immediately available funds to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing)Account.
(c) [Reserved.]
(d) [Reserved.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Newtek Business Services Corp.)
Making of the Advances. (a) If the Borrower desires requires an Advance under this AgreementAgreement with respect to any Tranche to purchase a Collateral Loan for which the Approval Request has been approved or which has been identified on the Approved List pursuant to Section 2.02 or to fund the Macomb Merger, it shall give provide a written request for such Advance (which request shall be irrevocable and effective upon receipt) to the Collateral Agent and the Administrative Agent (with a copy to each Lender) a written notice (each, a “Notice of Borrowing”) for such Advance (which notice shall be irrevocable and effective upon receipt) not later than (x) for an Advance denominated in Dollars, 11:00 a.m. 2:00 p.m. at least one (1) Business Day prior to the day of the requested Advance and (y) for an Advance denominated in any Available Currency other than Dollars, 2:00 p.m. at least two (2) Business Days prior to the day of the requested Advance; provided that in connection with a request for an Advance denominated in an Available Currency other than Dollars, the Borrower shall notify the Administrative Agent of such proposed Advance, the relevant Available Currency and the proposed date of borrowing, and the Administrative Agent shall provide a schedule, which schedule shall become part of this Agreement as Schedule 15 upon mutual agreement of the Borrower and the Administrative Agent and delivery to the other parties hereto, which shall set forth the relevant terms, including the Benchmark and other applicable terms, for making of Advances in such Available Currency at such time. To the extent any terms set forth in Schedule 15 with respect to an Available Currency are inconsistent with any other terms set forth in this Agreement, the terms set forth on Schedule 15 shall control. Each Notice of Borrowing shall be substantially in the form of Exhibit B, dated the date the request for the related Advance is being made, signed by a Responsible Officer of the Borrower or the Investment AdvisorServicer, as applicable, shall attach both a Borrowing Base Calculation Statement and an EOD OC Ratio Calculation Statement (which Borrowing Base Calculation Statement and EOD OC Ratio Calculation Statement shall give pro forma effect to any Collateral Assets Loans being acquired with the proceeds of such Advance on such date or the following Business Day) ), and shall otherwise be appropriately completed. In addition, the Servicer must provide to the Administrative Agent for each Collateral Loan that is not a Broadly Syndicated Loan copies of the Asset Information related to such Collateral Loan and such additional materials related to such Collateral Loan as may be reasonably requested by the Administrative Agent. Each Notice of Borrowing shall specify the Tranches under which the related Advance shall be allocated. The proposed Borrowing Date specified in each Notice of Borrowing shall be a Business Day falling on or prior to the Facility Commitment Termination Date Date, the currency of the Advance requested shall be Dollars and the amount of the Advance requested in such Notice of Borrowing (the “Requested Amount”) shall be equal to at least $500,000 or an integral multiple of $100,000 in excess thereof (or, if less, the remaining unfunded Individual Lender Maximum Funding Amounts hereunder, Commitments hereunder or, in the case of Revolving Collateral Loans and Delayed Drawdown Collateral AssetsLoans, such lesser amount required to be funded by the Borrower in respect thereof). Notwithstanding anything to the contrary contained herein, a Notice of Borrowing may include requests for more than one Advance so long as each request therein separately satisfies the terms and conditions set forth in this Section 2.03.
(ba) Each Lender shall, not later than 2:00 p.m. on each Borrowing Date in respect of AdvancesAdvances under any Tranche, make its Percentage of the applicable Requested Amount available to the Borrower by disbursing such funds in Dollars to the applicable Principal Collection Account Subaccount (or in accordance with the wire instructions delivered in connection with the Notice of Borrowing).
(cb) [Reserved.].
(dc) [ReservedNotwithstanding anything in this Section 2.03 to the contrary, the Servicer, on behalf of the Borrower, may deliver a Notice of Borrowing to the Collateral Agent and the Administrative Agent (with a copy to each Lender) after 2 p.m. on the first -54- Business Day prior to the proposed Advance and prior to 11 a.m. on the date of the proposed Advance (an “Expedited Notice of Borrowing”). Upon receipt of an Expedited Notice of Borrowing, each Lender shall use commercially reasonable efforts to make such Advance on the proposed funding date set forth in the Expedited Notice of Borrowing subject to the terms and conditions for borrowings otherwise set forth in this Agreement; provided, that if a Lender is unable to make an Advance pursuant to an Expedited Notice of Borrowing due to the occurrence of a force majeure, or any other unexpected and unforeseen event, including, without limitation, market disruptions, such Lender shall make such Advance subject to the terms and conditions for Advances otherwise set forth in this Agreement as soon as such Lender is reasonably able to do so.]
Appears in 1 contract
Sources: Revolving Credit and Security Agreement (Blackstone Secured Lending Fund)