Common use of Manner of Borrowing Clause in Contracts

Manner of Borrowing. The Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, electronic mail, or other written communication, substantially in the form of Exhibit E hereto (a “Request for Borrowing”). Any Request for Borrowing may be revoked by the Borrower, subject to compliance with Section 4.5 hereof. Each Request for Borrowing: (a) shall be furnished to the Administrative Agent no later than 2:00 p.m. (New York time) at least (i) four (4) Business Days prior to the requested date of the funding of a Eurocurrency Rate Loan; (ii) two (2) Business Days prior to the requested date of the funding of a Term RFR Loan or a Daily Simple RFR Loan (other than in Dollars); (iii) two (2) Business Days prior to the requested date of the funding of a Daily Simple RFR Loan in Dollars; or (iv) one (1) Business Day prior to the requested date of the funding of a Reference Rate Loan (other than a Same-Day Borrowing in Dollars); (b) with respect to a Same-Day Borrowing, shall be furnished to the Administrative Agent no later than 10:00 a.m. (New York time) on the requested date of funding of a Reference Rate Loan constituting a Same-Day Borrowing; and (c) must specify: (A) the Borrower(s); (B) the amount of such Borrowing; (C) the Interest Option; (D) the Interest Period therefor; and (E) the Currency in the case of an RFR Loan or Eurocurrency Rate Loan. Any Request for Borrowing received by the Administrative Agent after the applicable time specified in the immediately preceding sentence shall be deemed to have been given by the Borrower on the next succeeding Business Day; provided, however, with respect to any Request for Borrowing which is received after the applicable time set forth in clauses (a)(i), (ii) and (iii) above, the Administrative Agent and the Lenders shall use best efforts to fund such Loan as a Reference Rate Loan or as a Daily Simple RFR Loan by the date set forth in the applicable Request for Borrowing. No Request for Borrowing shall be required to be delivered in connection with any Borrowing under Section 2.8, 3.3(c), 3.3(d) or 4.3 hereof.

Manner of Borrowing. The Either Borrower shall give the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be request an Advance by telephone, if confirmed in writing, electronic mail, or other written communication, substantially in the form of Exhibit E hereto (a “Request for Borrowing”). Any Request for Borrowing may be revoked by the Borrower, subject to compliance with Section 4.5 hereof. Each Request for Borrowing: (a) shall be furnished delivering to the Administrative Agent no in respect of each requested Advance a written Notice of Borrowing (which may be transmitted by telecopier) or by oral notice to the Administrative Agent confirmed by a written Notice of Borrowing (which may be transmitted by telecopier), indicating thereon the amount of the Advance requested, by not later than 10:00 a.m. (Houston, Texas time) on the Business Day preceding the Business Day on which an Advance is to be made; provided, however, if such Advance is to be made as a LIBOR Base Loan, such Borrower shall give such Notice of Borrowing to the Administrative Agent by not later than 10:00 a.m. (Houston, Texas time) on the third Business Day preceding the Business Day on which an Advance is to be made. Any such Notice of Borrowing given by a Borrower shall be irrevocable. Upon receipt of such Notice of Borrowing, the Administrative Agent shall promptly notify each Bank thereof. By not later than 2:00 p.m. (New York time) at least (i) four (4) Business Days prior to the requested date of the funding of a Eurocurrency Rate Loan; (ii) two (2) Business Days prior to the requested date of the funding of a Term RFR Loan or a Daily Simple RFR Loan (other than in Dollars); (iii) two (2) Business Days prior to the requested date of the funding of a Daily Simple RFR Loan in Dollars; or (iv) one (1) Business Day prior to the requested date of the funding of a Reference Rate Loan (other than a Same-Day Borrowing in Dollars); (b) with respect to a Same-Day BorrowingHouston, shall be furnished to the Administrative Agent no later than 10:00 a.m. (New York Texas time) on the requested date Business Day of funding of a Reference Rate Loan constituting a Same-Day Borrowing; and (c) must specify: (A) an Advance, each Bank shall make available to the Borrower(s); (B) Administrative Agent, at its address referred to in Section 10.3, in immediately available funds, the amount of such Borrowing; Bank's Advance. After (Cand subject to) the Interest Option; Administrative Agent's receipt of such funds and upon satisfaction of the applicable conditions set forth in Article III, the Administrative Agent shall make such Advance available to the requesting Borrower by transferring the amount thereof in immediately available funds for credit to an account (Dother than a payroll account) maintained by such Borrower at the Interest Period therefor; and (E) Administrative Agent, or otherwise as directed by such Borrower. If the Currency Administrative Agent shall receive less than all the amounts payable by the Banks in accordance with this Section 2.1, the case Administrative Agent shall make available to the requesting Borrower such amount as it shall actually have received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of an RFR Loan or Eurocurrency Rate LoanAdvance that such Bank does not intend to make available to the Bank its portion of such Advance, the Administrative Agent may assume that each Bank has made such amount available to the Administrative Agent on the date of such Advance and the Administrative Agent may, in reliance upon such assumption, make available to the requesting Borrower a corresponding amount. Any Request If and to the extent any Bank shall not have made available its Advance to the Administrative Agent on the date of any Advance, the Administrative Agent shall notify such Bank and CBT of such Bank's failure and, if such Bank fails to make its Advance, CBT may in its sole discretion make an Advance (the "OverAdvance") to repay the Administrative Agent forthwith on demand a corresponding amount and the Bank which failed to make its Advance agrees to repay CBT forthwith on demand a corresponding amount together with interest thereon, for Borrowing received each day from the date such amount is made available to the Borrowers until the date such amount is repaid to CBT at the interest rate applicable during such period to the Advances and the principal amount repaid by such Bank shall constitute such Bank's Advance for purposes of this Agreement. In the event any Bank fails to make available its Advance to the Administrative Agent on the date of any Advance and CBT elects not to make an OverAdvance, such Bank and the Borrowers severally agree to repay to the Administrative Agent forthwith upon demand such corresponding amount together with interest thereon for each day from the date such amount is made available by the Administrative Agent after to the date such amount is repaid to the Administrative Agent at the rate applicable time specified to such Advance. If CBT makes any Over-Advance, CBT's and such other Bank's relevant Commitments shall be temporarily increased and decreased, respectively, by the amount of the Over-Advance and any payments allocable to such other Bank shall be paid to CBT until the principal of and interest on the Over- Advance shall be paid in full. The failure of any Bank to make any Advance to be made by it shall not relieve any other Bank of its obligation, if any, hereunder to make its Advance on the immediately preceding sentence date of such Advance. No Bank shall be responsible for the failure of any other Bank to make an Advance to be made by such Bank on the date of any such Advance. The Administrative Agent shall promptly give the Borrowers notice of any Bank's failure to make its Advance. Each request for an Advance shall be deemed to have been given a representation and warranty by the Borrower on Borrowers, binding upon each of the next succeeding Business Day; providedBorrowers, however, with respect that all conditions precedent to any Request for Borrowing which is received after the applicable time set forth in clauses (a)(i), (ii) and (iii) above, the Administrative Agent and the Lenders shall use best efforts to fund such Loan Advance under Article III are satisfied as a Reference Rate Loan or as a Daily Simple RFR Loan by of the date set forth in of such request and as of the applicable Request for Borrowing. No Request for Borrowing shall be required to be delivered in connection with any Borrowing under Section 2.8, 3.3(c), 3.3(d) or 4.3 hereofdate of such Advance.

Manner of Borrowing. The Borrower shall give may request Revolving Credit Loans upon the Administrative Agent notice at the Agency Services Address of the date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, electronic mail, or other written communication, substantially in the form of Exhibit E hereto (a “Request for Borrowing”). Any Request for Borrowing may be revoked by the Borrower, subject to compliance with Section 4.5 hereof. Each Request for Borrowing: (a) shall be furnished delivery to the Administrative Agent no of an Effective Date Borrowing Notice, as provided in Section 2.2(a) hereof. In addition, the Borrower may request Revolving Credit Loans by delivering to the Administrative Agent a written Notice of Borrowing (which may be transmitted by telecopier) or by oral notice to the Administrative Agent confirmed by a written Notice of Borrowing (which may be transmitted by telecopier), indicating thereon the aggregate amount of the Revolving Credit Loans requested, by not later than 10:00 a.m. (Houston, Texas time) on the Business Day preceding the Business Day on which a borrowing is to be made; provided, however, if such borrowing is to be made as a LIBOR Base Loan, the Borrower shall give such Notice of Borrowing to the Administrative Agent by not later than 10:00 a.m. (Houston, Texas time) on the third Business Day preceding the Business Day on which the borrowing is to be made. Any such Notice of Borrowing given by the Borrower shall be irrevocable. Upon receipt of such Notice of Borrowing, the Administrative Agent shall promptly notify each Bank thereof. By not later than 2:00 p.m. (New York time) at least (i) four (4) Business Days prior to the requested date of the funding of a Eurocurrency Rate Loan; (ii) two (2) Business Days prior to the requested date of the funding of a Term RFR Loan or a Daily Simple RFR Loan (other than in Dollars); (iii) two (2) Business Days prior to the requested date of the funding of a Daily Simple RFR Loan in Dollars; or (iv) one (1) Business Day prior to the requested date of the funding of a Reference Rate Loan (other than a Same-Day Borrowing in Dollars); (b) with respect to a Same-Day BorrowingHouston, shall be furnished to the Administrative Agent no later than 10:00 a.m. (New York Texas time) on the requested date of funding Business Day of a Reference Rate Loan constituting a Same-Day Borrowing; and (c) must specify: (A) , each Bank shall make available to the Borrower(s); (B) Administrative Agent, at its address referred to in Section 10.3, in immediately available funds, the amount of such Borrowing; Bank's Revolving Credit Loan. After (Cand subject to) the Interest Option; Administrative Agent's receipt of such funds and upon satisfaction of the applicable conditions set forth in Article III, the Administrative Agent shall make such Revolving Credit Loans available to the Borrower by transferring the amount thereof in immediately available funds for credit to an account (Dother than a payroll account) maintained by the Interest Period therefor; Borrower at the Administrative Agent, or otherwise as directed by the Borrower. If the Administrative Agent shall receive less than all the amounts payable by the Banks in accordance with this Section 2.1, the Administrative Agent shall make available to the Borrower such amount as it shall actually have received. Unless the Administrative Agent shall have been notified by any Bank prior to the date of a Borrowing that such Bank does not intend to make available to the Bank its Revolving Credit Loan, the Administrative Agent may assume that each Bank has made such amount available to the Administrative Agent on the date of such Borrowing and the Administrative Agent may, in reliance upon such assumption, make available to the Borrower a corresponding amount. If and to the extent any Bank shall not have made available its Revolving Credit Loan to the Administrative Agent on the date of any Borrowing, the Administrative Agent shall notify such Bank and JPMorgan Chase Bank of such Bank's failure and, if such Bank fails to make its Revolving Credit Loan, JPMorgan Chase Bank may in its sole discretion make an advance (Ethe "Over-Advance") to repay the Currency in Administrative Agent forthwith on demand a corresponding amount and the case Bank which failed to make its Revolving Credit Loan agrees to repay JPMorgan Chase Bank forthwith on demand a corresponding amount together with interest thereon, for each day from the date such amount is made available to the Borrower until the date such amount is repaid to JPMorgan Chase Bank at the interest rate applicable during such period to the Revolving Credit Loans and the principal amount repaid by such Bank shall constitute such Bank's Revolving Credit Loan for purposes of this Agreement. In the event any Bank fails to make available its Revolving Credit Loan to the Administrative Agent on the date of any Borrowing and JPMorgan Chase Bank elects not to make an RFR Loan or Eurocurrency Rate Loan. Any Request Over-Advance, each of such Bank and the Borrower agrees to repay to the Administrative Agent forthwith upon demand such corresponding amount together with interest thereon for Borrowing received each day from the date such amount is made available by the Administrative Agent after to the date such amount is repaid to the Administrative Agent at the rate applicable time specified to such Revolving Credit Loan. If JPMorgan Chase Bank makes any Over-Advance, JPMorgan Chase Bank's and such other Bank's relevant Revolving Credit Commitments shall be temporarily increased and decreased, respectively, by the amount of the Over-Advance and any payments allocable to such other Bank shall be paid to JPMorgan Chase Bank until the principal of and interest on the Over-Advance shall be paid in full. The failure of any Bank to make any Revolving Credit Loan to be made by it shall not relieve any other Bank of its obligation, if any, hereunder to make its Revolving Credit Loan on the immediately preceding sentence date of such Borrowing. No Bank shall be responsible for the failure of any other Bank to make a Revolving Credit Loan to be made by such Bank on the date of any such Borrowing. The Administrative Agent shall promptly give the Borrower notice of any Bank's failure to make its Revolving Credit Loan. Each request for Revolving Credit Loans shall be deemed to have been given a representation and warranty by the Borrower on Borrower, binding upon the next succeeding Business Day; providedBorrower, however, with respect that all conditions precedent to any Request for Borrowing which is received after the applicable time set forth in clauses (a)(i), (ii) and (iii) above, the Administrative Agent and the Lenders shall use best efforts to fund such Revolving Credit Loan under Article III are satisfied as a Reference Rate Loan or as a Daily Simple RFR Loan by of the date set forth in of such request and as of the applicable Request for date of such Borrowing. No Request for Borrowing shall be required to be delivered in connection with any Borrowing under Section 2.8, 3.3(c), 3.3(d) or 4.3 hereof.

Manner of Borrowing. (b) The Borrower shall give the Administrative Agent notice at the Agency Services Address of the Borrower's intention to borrow under the Revolving Credit Loan or Declining Revolving Credit Loan at least one Business Day before the requested funding date, in each case specifying: (1) the proposed funding date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, electronic mail, or other written communication, substantially in the form of Exhibit E hereto (a “Request for Borrowing”). Any Request for Borrowing may be revoked by the Borrower, subject to compliance with Section 4.5 hereof. Each Request for Borrowing: (a) shall be furnished to the Administrative Agent no later than 2:00 p.m. (New York time) at least (i) four (4) Business Days prior to the requested date of the funding of a Eurocurrency Rate such Loan; (ii) two (2) Business Days prior to the requested date of the funding of a Term RFR Loan or a Daily Simple RFR Loan (other than in Dollars); (iii) two (2) Business Days prior to the requested date of the funding of a Daily Simple RFR Loan in Dollars; or (iv) one (1) Business Day prior to the requested date of the funding of a Reference Rate Loan (other than a Same-Day Borrowing in Dollars); (b) with respect to a Same-Day Borrowing, shall be furnished to the Administrative Agent no later than 10:00 a.m. (New York time) on the requested date of funding of a Reference Rate Loan constituting a Same-Day Borrowing; and (c) must specify: (A) the Borrower(s); (B) the amount of such BorrowingLoan; (C3) whether the Interest Option; (D) principal amount of any such Revolving Credit Loan, together with the Interest Period thereforprincipal amount of all Revolving Credit Loans then outstanding, is within the Borrowing Base at such time and is within the Total Revolving Credit Commitment at such time; and (E4) whether the Currency principal amount of any such Declining Revolving Credit Loan, together with the principal amount of all Declining Revolving Credit Loans then outstanding, is within the Maximum Availability at such time and is within the Total Declining Revolving Credit Commitment at such time. The Agent shall promptly forward a copy of each such notice to each Lender. Not later than 1:00 p.m. Omaha, Nebraska time on the date such Loan is to be funded, each Lender will make available to the Agent in the case immediately available funds, such Lender's Percentage of an RFR Loan or Eurocurrency Rate such Loan. Any Request for Borrowing received by After the Administrative Agent's receipt of such funds, the Agent after shall make such Loan available to the applicable time specified in the immediately preceding sentence shall be deemed to have been Borrower. All notices given under this Section by the Borrower shall be irrevocable and shall be given not later than 12:00 p.m. Omaha, Nebraska time on the next succeeding Business Day; provided, however, with respect to any Request for Borrowing day which is received after not less than the applicable time set forth in clauses (a)(i), (ii) and (iii) abovenumber of Business Days specified above for such notice. For purposes of this Section, the Administrative Borrower agrees that the Agent may rely and act upon any request for a Loan from any individual who the Lenders Agent, absent gross negligence or willful misconduct, believes to be a representative of the Borrower. The Agent shall use best efforts promptly give notice to fund each Lender of each request for a Revolving Credit Loan or Declining Revolving Credit Loan and, in any event, at least by 12:00 p.m., Omaha, Nebraska time, on the second Business Day before the Business Day such Loan as a Reference Rate Loan or as a Daily Simple RFR Loan by the date set forth in the applicable Request for Borrowing. No Request for Borrowing shall be required is to be delivered in connection with any Borrowing under Section 2.8, 3.3(c), 3.3(d) or 4.3 hereofmade.

Manner of Borrowing. The Borrower shall give the Administrative Agent notice at the Agency Services Address of the Borrower's intention to borrow under the Revolving Credit Loan or Declining Revolving Credit Loan at least one Business Day before the requested funding date, in each case specifying: (1) the proposed funding date of each requested Borrowing hereunder, which notice may be by telephone, if confirmed in writing, electronic mail, or other written communication, substantially in the form of Exhibit E hereto (a “Request for Borrowing”). Any Request for Borrowing may be revoked by the Borrower, subject to compliance with Section 4.5 hereof. Each Request for Borrowing: (a) shall be furnished to the Administrative Agent no later than 2:00 p.m. (New York time) at least (i) four (4) Business Days prior to the requested date of the funding of a Eurocurrency Rate such Loan; (ii) two (2) Business Days prior to the requested date of the funding of a Term RFR Loan or a Daily Simple RFR Loan (other than in Dollars); (iii) two (2) Business Days prior to the requested date of the funding of a Daily Simple RFR Loan in Dollars; or (iv) one (1) Business Day prior to the requested date of the funding of a Reference Rate Loan (other than a Same-Day Borrowing in Dollars); (b) with respect to a Same-Day Borrowing, shall be furnished to the Administrative Agent no later than 10:00 a.m. (New York time) on the requested date of funding of a Reference Rate Loan constituting a Same-Day Borrowing; and (c) must specify: (A) the Borrower(s); (B) the amount of such BorrowingLoan; (C3) whether the Interest Option; (D) principal amount of any such Revolving Credit Loan, together with the Interest Period thereforprincipal amount of all Revolving Credit Loans then outstanding, is within the Borrowing Base at such time and is within the Total Revolving Credit Commitment at such time; and (E4) whether the Currency principal amount of any such Declining Revolving Credit Loan, together with the principal amount of all Declining Revolving Credit Loans then outstanding, is within the Maximum Availability at such time and is within the Total Declining Revolving Credit Commitment at such time. The Agent shall promptly forward a copy of each such notice to each Lender. Not later than 1:00 p.m. Omaha, Nebraska time on the date such Loan is to be funded, each Lender will make available to the Agent in the case immediately available funds, such Lender's Percentage of an RFR Loan or Eurocurrency Rate such Loan. Any Request for Borrowing received by After the Administrative Agent's receipt of such funds, the Agent after shall make such Loan available to the applicable time specified in the immediately preceding sentence shall be deemed to have been Borrower. All notices given under this Section by the Borrower shall be irrevocable and shall be given not later than 12:00 p.m. Omaha, Nebraska time on the next succeeding Business Day; provided, however, with respect to any Request for Borrowing day which is received after not less than the applicable time set forth in clauses (a)(i), (ii) and (iii) abovenumber of Business Days specified above for such notice. For purposes of this Section, the Administrative Borrower agrees that the Agent may rely and act upon any request for a Loan from any individual who the Lenders Agent, absent gross negligence or willful misconduct, believes to be a representative of the Borrower. The Agent shall use best efforts promptly give notice to fund each Lender of each request for a Revolving Credit Loan or Declining Revolving Credit Loan and, in any event, at least by 12:00 p.m., Omaha, Nebraska time, on the second Business Day before the Business Day such Loan as a Reference Rate Loan or as a Daily Simple RFR Loan by the date set forth in the applicable Request for Borrowing. No Request for Borrowing shall be required is to be delivered in connection with any Borrowing under Section 2.8, 3.3(c), 3.3(d) or 4.3 hereofmade.