Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 a.m. (San Francisco time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying: (A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans; (B) the requested Borrowing Date, which shall be a Business Day; (C) the Type of Loans comprising the Borrowing; and (D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month. (b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing. (c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent. (d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 2 contracts
Sources: Credit Agreement (West Marine Inc), Credit Agreement (West Marine Inc)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans The Company shall be made upon the Company's irrevocable request an advance hereunder by written notice delivered to or by telephonic notice confirmed by mail or by facsimile the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing same day (which notice must will be received by irrevocable), to the Agent prior to 10:00 9:00 a.m. (San Francisco Milwaukee time) ): (i) at least three two Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans. Each such request shall be substantially in the form of the Notice of Borrowing attached hereto as Exhibit 2.4, specifyingand each such request shall be effective upon receipt by the Agent and shall specify:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 5,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's ’s Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's ’s Payment Office by 12:00 noon 1:00 p.m. (San Francisco Milwaukee time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA wire transfer in accordance with the aggregate of the amounts made available written instructions provided to the Agent by the Banks and in Company of like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve ten different Interest Periods in effect.
Appears in 2 contracts
Sources: Credit Agreement (Marcus Corp), Credit Agreement (Marcus Corp)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans CFC may borrow under Section 2.1 during the Commitment Period on any Business Day, provided that CFC shall be made upon give the Company's Administrative Agent irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 a.m. (San Francisco A.M., New York City time) , (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Eurodollar Loans; , and (ii) on or before one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans, specifying:
) specifying (A) the amount of the Borrowingto be borrowed, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type Type(s) of U.S. R/C Loans comprising the Borrowing; and
to be borrowed, and (D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration length of the Interest Period for any Borrowing comprised Eurodollar Loan. Upon receipt of Offshore Rate Loanssuch notice, such Interest Period the Administrative Agent shall be one month.
(b) The Agent will promptly notify each US$ Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco thereof. Not later than 2:00 P.M., New York City time) , on the Borrowing Date requested by the Company specified in funds such notice, each US$ Bank shall (subject to Section 12.3(b)) deposit in its Clearing Account an amount in immediately available funds equal to the Agentamount of the U.S. R/C Loan to be made by such Bank pursuant to Section 2.1. The proceeds of all Administrative Agent shall, pursuant to Section 12.3(a), cause such Loans will then amount to be made withdrawn from each such Clearing Account and shall make the aggregate amount so withdrawn available to CFC by depositing the Company by the Agent at such office by crediting proceeds thereof in the account of CFC with the Company Administrative Agent on the books of BofA with date such Loans are made for transmittal by the Administrative Agent upon CFC's request. Each borrowing pursuant to Section 2.1 shall be in an aggregate principal amount of the amounts made available to lesser of (i) $50,000,000 or an integral multiple of $1,000,000 in excess thereof or (ii) the Agent by the Banks and in like funds as received by the Agentthen aggregate Available U.S. Commitments.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 2 contracts
Sources: Short Term Revolving Credit Agreement (Chrysler Financial Corp), Short Term Revolving Credit Agreement (Chrysler Financial Corp)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans or Term Loans shall be made upon the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 10:30 a.m. (San Francisco Chicago time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans), specifying:
(A) the amount of the Borrowing, which shall be (x) in an aggregate the case of Offshore Rate Loans, in a minimum amount of $200,000 or a higher integral multiple of $100,000 and (1y) $1,000,000, in the case of Base Rate Loans, in an aggregate minimum amount of $200,000 or (2) $1,000,000 or any a higher integral multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans100,000;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) in the case of Offshore Rate Loans, the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththerefor.
(b) The Agent will promptly notify each Bank Lender of its receipt of any Notice of Borrowing and of the amount of such BankLender's Pro Rata Share of that such Borrowing.
(c) Each Bank Lender will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco Chicago time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA BAI with the aggregate of the amounts made available to the Agent by the Banks Lenders and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve five different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice delivered to the Administrative Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 11:00 a.m. (San Francisco New York time) )
(i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate LIBOR Loans; and (ii) on or before one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be (x) in the case of LIBOR Loans, in an aggregate minimum amount of $500,000 or a higher integral multiple of $100,000 and (1y) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple in an aggregate amount of $100,000 in excess or a higher integral multiple thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type and Class of Loans comprising the Borrowing; and
(D) in the case of LIBOR Loans, the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththerefor.
(b) The Administrative Agent will promptly notify each Bank applicable Lender of its receipt of any Notice of Borrowing and of the amount of such BankLender's Pro Rata Share of that such Borrowing by 5 p.m. on the day it receives a Notice of Borrowing.
(c) Each Bank Lender will make the amount of its Pro Rata Share of each Borrowing available to the Administrative Agent for the account of the Company at to an account of the Agent's Payment Office Administrative Agent specified to the Lenders for such purpose by 12:00 noon (San Francisco New York time) on the Borrowing Date requested by the Company in funds immediately available to the Agentfunds. The proceeds of all such Loans will then be made available to the Company by the Administrative Agent at such office by crediting the account transfer of the Company on the books of BofA with the aggregate of the amounts made available to the Administrative Agent by the Banks Lenders and in like funds as received by the AgentAdministrative Agent to an account of the Company specified for such purpose in the Notice of Borrowing.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve eight different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 a.m. (San Francisco time) )
(i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1I) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 10,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of requests for Offshore Rate Loans, or (II) $5,000,000 or any multiple of $1,000,000 in excess thereof, in the case of requests for Base Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon 11:00 a.m. (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The Unless any applicable condition specified in Article IV has not been satisfied, the proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve six different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's ’s irrevocable written notice delivered to the Agent (which may be given by telephone, provided that such notice is confirmed promptly in writing by delivery to the manner provided in Section 11.02 and in the form Administrative Agent of a Notice of Borrowing (which notice must Borrowing) to be received by the Agent prior to 10:00 a.m. (San Francisco time) not later than 9:00 a.m.
(i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; , and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or 5,000,000 and any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans, or $2,000,000 and any multiple of $500,000 in excess thereof, in the case of Base Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) in the case of Offshore Rate Loans, the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's ’s Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment ’s Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA Bank of America with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve ten different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the ----------------------- Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 9:00 a.m. (San Francisco time) )
(i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) two Business Days prior to the requested Borrowing Date, in the case of CD Rate Loans; and (iii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 10,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of CD Rate Loans or Offshore Rate Loans, such Interest Period shall be one month90 days or three months, respectively.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the AgentAgent by 11:00 a.m. (San Francisco time). The proceeds of all such Loans will then be made available to the Company on the Borrowing Date by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Sources: Credit Agreement (McKesson Corp)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written on notice delivered (a “Borrowing Notice”) given by a Borrower to the Agent not later than 12:00 noon (Toronto time), in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 a.m. (San Francisco time) case of: (i) a Floating Rate Advance or a U.S. Base Rate Advance, at least three 2 Business Days prior to the requested Borrowing Date, in date of the case of Offshore Rate Loansproposed Borrowing; and (ii) a LIBOR Advance, at least 3 Business Days prior to the date of the proposed Borrowing, which Borrowing Notice shall be irrevocable and binding on the Borrower delivering such Borrowing Notice. Each Borrowing Notice for Accommodations to be made to U.S. Borrowers must be issued concurrently to the Agent and to Toronto Dominion (Texas) LLC at the addresses set out in Schedule K hereto and, upon receipt of a Borrowing Notice, the Agent shall promptly forward a copy thereof to the relevant Lenders. Each Borrowing Notice shall be in substantially the form of Schedule G hereto (or before shall be made by telephone confirmed promptly in writing, providing the same information as would be contained in Schedule G hereto) and shall specify: (i) the requested Borrowing Date, date of such Borrowing; (ii) the Type of Advances comprising such Borrowing; (iii) the aggregate amount of such Borrowing; and (iv) in the case of Base Rate Loansa LIBOR Advance, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) the duration of the initial Interest Period applicable to such Loans included in such noticeAdvance. If the Notice of Borrowing fails to specify the duration Upon fulfilment of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.applicable conditions
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing Agent on behalf of Revolving Loans shall be made upon the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the any Borrower may notify Agent prior to 10:00 11:00 a.m. on a Business Day of a Borrower's request to incur, on that day, an Advance hereunder. Should any amount required to be paid as interest hereunder, or as fees or other charges under this Agreement or any other agreement with Agent or any Lender, or with respect to any other Obligation, become due, same shall be deemed a request for an Advance as of the date such payment is due, in the amount required to pay in full such interest, fee, charge or Obligation under this Agreement or any other agreement with Agent or any Lender, and such request shall be irrevocable. Any request for an Advance shall be deemed reduced automatically and without notice so as not to be in excess of, after giving effect to the requested Advance, an amount which would cause the aggregate Original Dollar Amount of all Advances to be greater than the lesser of the Maximum Loan Amount or the Formula Amount.
(San Francisco timeb) Notwithstanding the provisions of (a) above, in the event any Borrower desires to obtain an Advance, it shall give Agent, through the Borrowing Agent, at least three (3) Business Days' prior written notice; specifying
(i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount date of the Borrowing, which shall be in an aggregate minimum amount of proposed borrowing (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
), (Cii) the Type Original Dollar Amount on the date of Loans comprising the Borrowing; and
such Advance to be borrowed, which amount shall be in a minimum of $1,000,000, and (Diii) the duration of the Interest Period applicable to such Loans included in such noticetherefor. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period Periods shall be for one month.
(b1), two (2), three (3) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of or six (6) months. There shall not be outstanding more than five (5) Advances, in the amount of such Bank's Pro Rata Share of that Borrowingaggregate.
(c) Each Bank will make Interest Period of an Advance shall commence on the amount date such Advance is made and shall end on such date as a Borrower may elect as in each notice of its Pro Rata Share of each Borrowing available borrowing referred to in (b) above provided that:
(i) any Interest Period which would otherwise end on a day which is not a Business Day shall be the Agent for next preceding or succeeding Business Day as is the account Reference Bank's custom in the market to which such Advance relates;
(ii) no Interest Period shall end after the last day of the Company at Term; and
(iii) any Interest Period which begins on a day for which there is no numerically corresponding day in the Agent's Payment Office by 12:00 noon calendar month during which such Interest Period is to end, shall (San Francisco timesubject to clause (i) above) end on the Borrowing Date requested by the Company in funds immediately available to the Agentlast day of such calendar month. The proceeds Borrowing Agent shall elect each Interest Period applicable to an Advance by its notice of all such Loans will then be made available borrowing given to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available pursuant to the Agent by the Banks and in like funds as received by the AgentSection 2.2(b).
(d) After giving effect In the event that any prepayment of an Advance is required or permitted on a date other than the last Business Day of the Interest Period with respect thereto such Borrower shall indemnify Agent and Lenders therefor in accordance with Section 2.2(e) hereof.
(e) Each Borrower shall indemnify Agent and Lenders and hold Agent and Lenders harmless from and against any and all losses or expenses that Agent and any Lender may sustain or incur as a consequence of any prepayment or any default by any Borrower in the payment of the principal of or interest on any Advance or failure by any Borrower to complete a borrowing of, a prepayment of after notice thereof has been given, including (but not limited to) any interest payable by Agent or any Lender to lenders of funds obtained by it in order to make or maintain its Advances hereunder.
(f) Notwithstanding any other provisions hereof, if any applicable law, treaty, regulation or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for any Lender (for purposes of this subsection (f), the term "Lender" shall include any Lender and the office or branch where any Lender or any corporation or bank controlling such Lender makes or maintains any Advance) to make or maintain its Advance, the obligation of any Lender to make an Advance hereunder shall forthwith be canceled and the relevant Borrower shall, if any affected Advance are then outstanding, promptly upon request from Agent, pay all such affected Advance. If any such payment of any Advance is made on a day that is not the last day of an Interest Period relative to such Advance, the relevant Borrower shall pay such Lender, upon such Lender's request, such amount or amounts as may be necessary to compensate such Lender for any loss or expense sustained or incurred by such Lender in respect of such Advance as a result of such payment, including (but not limited to) any interest or other amounts payable by such Lender to lenders of funds obtained by such Lender in order to make or maintain such Advance. A certificate as to any Borrowingadditional amounts payable pursuant to the foregoing sentence submitted by Agent to Borrower shall be conclusive absent manifest error; provided, unless the Agent each Lender shall otherwise consent, there may not be more than twelve different Interest Periods in effectuse its best efforts to minimise or avoid any such additional payment.
Appears in 1 contract
Sources: Supplement Revolving Multicurrency Credit Agreement (Styrochem U S Inc)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice of a Borrower delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 11:00 a.m. (San Francisco Charlotte time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans and Federal Funds Rate Loans, specifying:
(A) the applicable Borrower;
(B) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 5,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(BC) the requested Borrowing Date, which shall be a Business Day;
(CD) the Type of Loans comprising the Borrowing; and
(DE) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company applicable Borrower at the Agent's Payment Office by 12:00 noon 1:00 p.m. (San Francisco Charlotte time) on the Borrowing Date requested by the Company applicable Borrower in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company applicable Borrower by the Agent at such office by crediting the account of the Company on the books of BofA wire transfer in accordance with the aggregate of the amounts made available written instructions provided to the Agent by the Banks and in applicable Borrower of like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve five different Interest Periods in effect.
Appears in 1 contract
Sources: 364 Day Revolving Credit Agreement (Nuveen John Company)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 11:00 a.m. (San Francisco Chicago time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, ) specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) not less than $1,000,000, in the case of Base Rate Loans, 2,500,000 or (2) $1,000,000 or any a higher multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans1,000,000;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Committed Borrowing; and;
(D) in the case of a Borrowing of Offshore Rate Loans, the duration of the Interest Period applicable therefor; and provided that with respect to such Loans included in such notice. If the Borrowing to be made on the Closing Date, the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be delivered to the Agent not later than 9:00 a.m. (Chicago time) one monthBusiness Day before the Closing Date and such Borrowing will consist of Base Rate Loans only.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank Lender will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the AgentSame Day Funds by 12:00 noon (Chicago Time). The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks Lenders and in like funds as received by the Agent.
(dc) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve 10 different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon ----------------------- the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (Borrowing, which notice must be received by the Agent prior to 10:00 (i) in the case of Offshore Rate Loans, 9:00 a.m. (San Francisco time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; Date and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, 8:00 a.m. (San Francisco time) on the requested Borrowing Date, specifying:
: (A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 10,000,000 or any multiple of $100,000 5,000,000 in excess thereof, in the case of Offshore Rate Loans;
; (B) the requested Borrowing Date, which shall be a Business Day;
; (C) the Type of Loans comprising the Borrowing; and
and (D) the duration of the Interest Period applicable to such Loans included in such notice. If notice (if the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month). After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than six different Interest Periods in effect.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) . Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon 11:00 a.m. (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA (or any successor Agent pursuant to Section 9.09) with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent or, if requested by the Company, by wire transfer in accordance with written instructions provided to the Agent by the Company of like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Except as provided in Section 3.2(b), each Borrowing of Revolving Loans shall be made upon on the Company's irrevocable written number of days prior notice delivered specified in Schedule 6, given not later than 9:00 a.m. (Calgary time) by a Borrower to the Agent Administrative Agent. Each notice of a Borrowing (a “Borrowing Notice”) shall be in the manner provided in Section 11.02 and in substantially the form of a Notice of Borrowing (which notice must Schedule 2, shall be received by irrevocable and binding on the Agent prior to 10:00 a.m. (San Francisco time) applicable Borrower and shall specify:
(i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and applicable Credit Facility;
(ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount date of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(Ciii) the Type of Loans comprising Advance requested;
(iv) the aggregate amount of the Borrowing; and
(Dv) in the duration case of a SOFR Loan, the initial Interest Period. Upon receipt by the Administrative Agent of funds from the Lenders and fulfilment of the Interest Period applicable conditions set forth in Article 6, the Administrative Agent will make such funds available to such Loans included the applicable Borrower in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monthaccordance with Article 2.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.Each Swingline Advance:
(ci) Each Bank will make may be made on the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 same day’s request made on or before noon (San Francisco Toronto time) on the Borrowing Date such day, and in such amount, as requested by the Company in funds immediately available a Borrower pursuant to a Borrowing Notice delivered to the Agent. The proceeds of all such Loans will then Administrative Agent on the same day; or
(ii) shall be made available by a 5 Year Swingline Lender, without notice from or to the Company such Borrower, in respect of any overdraft in any one or more of such Borrower’s accounts with such 5 Year Swingline Lender by the Agent at deposit to such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available an amount equal to the Agent by the Banks and in like funds as received by the Agentsuch overdraft.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Sources: Revolving Credit Facility (Canadian Pacific Kansas City LTD/Cn)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 9:00 a.m. (San Francisco time)) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; , and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,00010,000,000, in the case of Offshore Rate Loans, or $5,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) in the case of Offshore Rate Loans, the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon 11:00 a.m. (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve six (6) different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each The Borrowing of Revolving Term Loans on the Closing Date shall be made upon the Company's ’s irrevocable written notice delivered to the Administrative Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 11:00 a.m. (San Francisco New York City time) (i) at least three Business Days prior to the requested Borrowing Closing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(Ai) the aggregate amount of the Borrowing, which shall be in an not exceed the aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the BorrowingTerm Commitments; and
(Dii) the duration of the initial Interest Period applicable to such Loans included in such noticeTerm Loans. If the Notice of Borrowing fails shall fail to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate LoansBorrowing, such Interest Period shall shall, subject to clauses (b) and (c) of the definition of “Interest Period,” be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing[Reserved].
(c) Each Bank will make each Term Loan to be made by it hereunder on the amount of its Pro Rata Share of each Borrowing available Closing Date to the Administrative Agent for the account of the Company at the Agent's Payment Office by 12:00 noon 11:00 a.m. (San Francisco New York City time) on by wire transfer of immediately available funds to the Borrowing Date requested Administrative Agent’s Payment Account or such other account designated by the Company in funds immediately available Administrative Agent for such purposes by notice to the AgentBanks. The proceeds of all such Term Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available Administrative Agent, pursuant to the Agent by the Banks and Section 6.06, in like funds as received by the Administrative Agent, by wire transfer in accordance with the Notice of Borrowing.
(d) After giving effect to any Borrowing, unless All Term Loans shall be of the Agent shall otherwise consent, there may not be more than twelve different same type and have the same Interest Periods in effectPeriod.
Appears in 1 contract
Sources: Loan Agreement (Gruma Sab De Cv)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable telephonic or written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (Borrowing, if written and promptly confirmed by delivery of a form of Notice of Borrowing, if telephonic, which written or telephonic notice must be received by the Agent prior to 10:00 9:00 a.m. (San Francisco Chicago time) (i) at least three two Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A1) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 5,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(B2) the requested Borrowing Date, which shall be a Business Day;
(C3) the Type of Loans comprising the Borrowing; and
(D4) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon 1:00 p.m. (San Francisco Chicago time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA wire transfer in accordance with the aggregate of the amounts made available written instructions provided to the Agent by the Banks and in Company of like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve ten different Interest Periods in effect.
Appears in 1 contract
Sources: Credit Agreement (Marcus Corp)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans The Borrower shall be made upon deliver to the Company's Administrative Agent (by no later than 9:00 a.m. (New York City time) on the Closing Date) an irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must Borrowing, requesting that the Loans be received by made on the Agent prior to 10:00 a.m. (San Francisco time) Closing Date. Such Notice of Borrowing: (i) at least three Business Days prior to shall be delivered in accordance with the requested Borrowing Date, in the case last paragraph of Offshore Rate Loans; Section 4.1 and (ii) shall specify: (A) the requested amounts of the Loans for each Tranche (which were requested on a pro rata basis) to be borrowed by the Borrower, and (B) for the Dollar Loans, the Type of Loans requested and, if the Dollar Loans are LIBOR Loans, the Interest Period therefor. The Administrative Agent will notify each Lender on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount Closing Date of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monthborrowing request.
(b) The Agent will promptly notify Subject to the conditions precedent set forth in Article IV, each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will Lender severally agrees to make the amount of its Pro Rata Share of each Borrowing the requested Loan of the applicable Tranche available to the Administrative Agent for the account of the Company Borrower (in the case of Dollar Loans) at the Administrative Agent's ’s applicable Payment Office and (in the case Peso Loans) at the Peso Agent’s Payment Office, in each case by 12:00 noon 10:00 a.m. (San Francisco New York City time) on the Borrowing Closing Date requested by the Company in funds immediately available to the Administrative Agent. The Upon fulfillment of the conditions precedent to disbursing the Loans in Article IV, the Administrative Agent shall deliver the proceeds of all such the Loans will then be made available to (or on behalf of) the Company by Borrower as provided in the Agent at such office by crediting the account Notice of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the AgentBorrowing.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Sources: Credit Agreement (Axtel Sab De Cv)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans occurring on a date other than an Advance Date specified on Schedule III shall be made upon after irrevocable notice, given not later than 11:00 a.m. on the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 a.m. (San Francisco time) (i) at least three third Business Days Day prior to the requested date of any Borrowing Dateby the Borrower to the Administrative Agent. Such irrevocable notice of Borrowing (“Notice of Borrowing”) shall be by telephone, confirmed immediately in writing, or facsimile, in substantially the case form of Offshore Rate Loans; and Exhibit B hereto, specifying therein (i) the requested date of such Borrowing, (ii) on or before the requested aggregate amount of such Borrowing Date, (which shall be in the case amount of Base Rate Loans, specifying:
either (A) the amount of the Borrowingaggregate Available Commitments or, which shall be in an aggregate minimum amount of if less, (1B) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 €10,000,000 or any whole multiple of $100,000 €1,000,000 in excess thereof), in the case of Offshore Rate Loans;
(Biii) the requested use of proceeds in connection with such Borrowing Date, which shall be a Business Day;
and (Civ) the Type of Loans comprising the Borrowing; and
(D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised such Borrowing. Upon receipt of Offshore Rate Loanssuch Notice of Borrowing, such Interest Period the Administrative Agent shall be one month.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount Applicable Lenders thereof by facsimile. Not later than 11:00 a.m. on the date of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will , each Applicable Lender shall make the amount of its Pro Rata Share of each Borrowing available to the Administrative Agent for at its office specified in Schedule 8.2 its applicable portion of such Borrowing (determined ratably in accordance with the account respective Available Commitments of the Company at the Agent's Payment Office by 12:00 noon (San Francisco timeApplicable Lenders) on the Borrowing Date requested by the Company in funds immediately available funds. Promptly upon the Administrative Agent’s receipt of such funds and the fulfillment or written waiver of the applicable conditions set forth in Article 4, the Administrative Agent will make such funds available directly to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the AgentBorrower.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Sources: Credit Agreement
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's irrevocable written notice of a Borrower delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Agent prior to 10:00 11:00 a.m. (San Francisco Charlotte time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:Days
(A) the applicable Borrower;
(B) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 5,000,000 or any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(BC) the requested Borrowing Date, which shall be a Business Day;
(CD) the Type of Loans comprising the Borrowing; and
(DE) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company applicable Borrower at the Agent's Payment Office by 12:00 noon 1:00 p.m. (San Francisco Charlotte time) on the Borrowing Date requested by the Company applicable Borrower in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company applicable Borrower by the Agent at such office by crediting the account of the Company on the books of BofA wire transfer in accordance with the aggregate of the amounts made available written instructions provided to the Agent by the Banks and in applicable Borrower of like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve five different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans CFC may borrow under Section 2.1 during the Commitment Period on any Business Day, provided that CFC shall be made upon give the Company's Administrative Agent irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must be received by the Administrative Agent prior to 10:00 a.m. (San Francisco A.M., New York City time) , (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Eurodollar Loans; , and (ii) on or before one Business Day prior to the requested Borrowing Date, in the case of Base Rate Loans, specifying:
) specifying (A) the amount of the Borrowingto be borrowed, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type Type(s) of U.S. R/C Loans comprising the Borrowing; and
to be borrowed, and (D) the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration length of the Interest Period for any Borrowing comprised Eurodollar Loan. Upon receipt of Offshore Rate Loanssuch notice, such Interest Period the Administrative Agent shall be one month.
(b) The Agent will promptly notify each US$ Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon (San Francisco thereof. Not later than 2:00 P.M., New York City time) , on the Borrowing Date requested by the Company specified in funds such notice, each US$ Bank shall (subject to Section 13.3(b)) deposit in its Clearing Account an amount in immediately available funds equal to the Agentamount of the U.S. R/C Loan to be made by such Bank pursuant to Section 2.1. The proceeds of all Administrative Agent shall, pursuant to Section 13.3(a), cause such Loans will then amount to be made withdrawn from each such Clearing Account and shall make the aggregate amount so withdrawn available to CFC by depositing the Company by the Agent at such office by crediting proceeds thereof in the account of CFC with the Company Administrative Agent on the books of BofA with date such Loans are made for transmittal by the Administrative Agent upon CFC's request. Each borrowing pursuant to Section 2.1 shall be in an aggregate principal amount of the amounts made available to lesser of (i) $50,000,000 or an integral multiple of $1,000,000 in excess thereof or (ii) the Agent by the Banks and in like funds as received by the Agentthen aggregate Available U.S. Commitments.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Sources: Long Term Revolving Credit Agreement (Chrysler Financial Corp)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's ’s irrevocable written notice delivered to the Administrative Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (Borrowing, which notice must be received by the Administrative Agent prior to 10:00 10:30 a.m. (San Francisco time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Eurodollar Loans; , and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount not less than $5,000,000 or a higher integral multiple of $1,000,000 (1) $1,000,000, in the case provided that any Borrowing of Base Rate Loans, or (2) $1,000,000 or any multiple of $100,000 Loans may be in excess thereof, in an amount equal to the case of Offshore Rate Loansunused Aggregate Commitments);
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the such Borrowing; and
(D) in the case of Eurodollar Loans, the duration of the initial Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththerefor.
(b) The Administrative Agent will promptly notify each Bank Lender of its receipt of any Notice of Borrowing and of the amount of such Bank's Lender’s Pro Rata Share of that such Borrowing.
(c) Each Bank Lender will make the amount of its Pro Rata Share of each Borrowing available to the Administrative Agent for the account of the Company at the Administrative Agent's ’s Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Administrative Agent. The proceeds of all such Loans will then be made available to the Company by the Administrative Agent at such office by crediting the account of the Company on the books of BofA Bank of America with the aggregate of the amounts made available to the Administrative Agent by the Banks Lenders and in like funds as received by the Administrative Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
Appears in 1 contract
Sources: Credit Agreement (Smith a O Corp)
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's ’s irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must to be received by the Agent prior to 10:00 not later than 9:00 a.m. (San Francisco time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; , and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or 5,000,000 and any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans, or $2,000,000 and any multiple of $500,000 in excess thereof, in the case of Base Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) in the case of Offshore Rate Loans, the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's ’s Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's ’s Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA Bank of America with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve six different Interest Periods in effect.
Appears in 1 contract
Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon ----------------------- the Company's irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (Borrowing, which notice must be received by the Agent prior to 10:00 (i) in the case of Offshore Rate Loans, 9:00 a.m. (San Francisco time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; Date and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, 9:00 a.m. (San Francisco time) on the requested Borrowing Date, specifying:
: (A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,000, in the case of Base Rate Loans, or (2) $1,000,000 10,000,000 or any multiple of $100,000 5,000,000 in excess thereof, in the case of Offshore Rate Loans;
; (B) the requested Borrowing Date, which shall be a Business Day;
; (C) the Type of Loans comprising the Borrowing; and
and (D) the duration of the Interest Period applicable to such Loans included in such notice. If notice (if the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one month). After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than six different Interest Periods in effect.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's Pro Rata Share of that Borrowing.
(c) . Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's Payment Office by 12:00 noon 11:00 a.m. (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA (or any successor Agent pursuant to Section 9.09) with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent or, if requested by the Company, by wire transfer in accordance with written instructions provided to the Agent by the Company of like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve different Interest Periods in effect.
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Procedure for Borrowing. (a) Each Borrowing of Revolving Loans shall be made upon the Company's ’s irrevocable written notice delivered to the Agent in the manner provided in Section 11.02 and in the form of a Notice of Borrowing (which notice must to be received by the Agent prior to 10:00 not later than 9:00 a.m. (San Francisco time) (i) at least three Business Days prior to the requested Borrowing Date, in the case of Offshore Rate Loans; , and (ii) on or before the requested Borrowing Date, in the case of Base Rate Loans, specifying:
(A) the amount of the Borrowing, which shall be in an aggregate minimum amount of (1) $1,000,00010,000,000, in the case of Offshore Rate Loans, or $5,000,000, in the case of Base Rate Loans, or (2) $1,000,000 or in each case any multiple of $100,000 1,000,000 in excess thereof, in the case of Offshore Rate Loans;
(B) the requested Borrowing Date, which shall be a Business Day;
(C) the Type of Loans comprising the Borrowing; and
(D) in the case of Offshore Rate Loans, the duration of the Interest Period applicable to such Loans included in such notice. If the Notice of Borrowing fails to specify the duration of the Interest Period for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be one monththree months.
(b) The Agent will promptly notify each Bank of its receipt of any Notice of Borrowing and of the amount of such Bank's ’s Pro Rata Share of that Borrowing.
(c) Each Bank will make the amount of its Pro Rata Share of each Borrowing available to the Agent for the account of the Company at the Agent's ’s Payment Office by 12:00 noon (San Francisco time) on the Borrowing Date requested by the Company in funds immediately available to the Agent. The proceeds of all such Loans will then be made available to the Company by the Agent at such office by crediting the account of the Company on the books of BofA Bank of America with the aggregate of the amounts made available to the Agent by the Banks and in like funds as received by the Agent.
(d) After giving effect to any Borrowing, unless the Agent shall otherwise consent, there may not be more than twelve six different Interest Periods in effect.
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