Common use of Procedure for Borrowings Clause in Contracts

Procedure for Borrowings. The Borrower may borrow under the Commitment during the Commitment Period on any Business Day by giving the Bank irrevocable notice of a request for a Loan hereunder (a) in the case of Eurodollar Loans three Business Days before a proposed borrowing or continuation or conversation and (b) i n the case of Fluctuating Rate Loans not less than one nor more than five Business Days before a proposed borrowing or continuation or conversation, setting forth (i) the amount of the Loan requested, which shall not be less than $100,000, (ii) the requested borrowing date or Interest Period commencement date, as the case may be, (iii) whether the borrowing or interest Period is to be for a Eurodollar Loan, Fluctuating Rate Loan or a combination thereof, and (iv) if entirely or partially a Eurodollar Loan, the length of the Interest Period therefore, which shall be one, two, three or six months. As used in this Section 2.4, "conversion" shall mean the conversion from one interest rate to another interest rate as more fully described in this Agreement. Such notice hall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1 p.m. on the date on which such notice is to be given. If any such request is sent by facsimile it shall be confirmed in writing sent by the Borrower to the Bank within two Business Days thereafter. Unless notification is otherwise furnished by the Borrower to the Bank (in a manner consistent with the requirements of this Section), Loans will be made by credits to the Borrower's demand deposit account maintained with the Bank. If the Borrower furnishes such notice but no election is made as to the type of Loan or the Interest Period to be applicable thereto, the Loan will automatically then be made as a Fluctuating Rate Loan until such required information is furnished pursuant to the terms hereof.

Procedure for Borrowings. The Borrower may borrow under the Commitment during the Commitment Period on any Business Day by giving the Bank irrevocable notice of a request for a Loan hereunder (a) Each Borrowing of Revolving Loans shall be made upon irrevocable telephonic notice by the Company followed immediately by written notice in the form of a Request for Extension of Credit (which telephonic notice must be received by the Administrative Agent (i) prior to 8:30 a.m. (Dallas time) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans three Business Days before a proposed borrowing or continuation or conversation Offshore Rate Loans; and (bii) i n prior to 8:30 a.m. (Dallas time) on the requested Borrowing Date, in the case of Fluctuating Base Rate Loans not less than one nor more than five Business Days before a proposed borrowing or continuation or conversationLoans), setting forth specifying: (i) the amount of the Loan requestedBorrowing, which shall not be less than in an aggregate minimum principal amount of $100,000, 5,000,000 and any multiple of $1,000,000 in excess thereof; (ii) the requested borrowing date or Interest Period commencement dateBorrowing Date, as the case may be, which shall be a Business Day; (iii) whether the borrowing or interest Period Borrowing is to be for a Eurodollar Loan, Fluctuating comprised of Offshore Rate Loan Loans or a combination thereof, Base Rate Loans; and (iv) if entirely or partially a Eurodollar Loan, the length duration of the Interest Period therefore, which shall be one, two, three or six months. As used applicable to Offshore Rate Loans included in this Section 2.4, "conversion" shall mean the conversion from one interest rate to another interest rate as more fully described in this Agreement. Such notice hall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1 p.m. on the date on which such notice is to be given. If any such request is sent by facsimile it shall be confirmed in writing sent by the Borrower to the Bank within two Business Days thereafter. Unless notification is otherwise furnished by the Borrower to the Bank (in a manner consistent with the requirements of this Section), Loans will be made by credits to the Borrower's demand deposit account maintained with the Banknotice. If the Borrower furnishes such notice but no election is made as Request for Extension of Credit shall fail to specify the type duration of Loan or the Interest Period to for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be applicable theretoone month (but not beyond the Maturity Date). (b) Promptly after receipt of a Request for Extension of Credit, the Loan will automatically then be made as a Fluctuating Rate Loan until such required information is furnished pursuant Administrative Agent shall notify each Lender of the proposed Borrowing. Each Lender shall make available to the terms hereofAdministrative Agent its Pro Rata Share of the amount (if any) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, in same day funds, by remitting such funds to: Bank of America, N.A., ABA No.

Procedure for Borrowings. The Borrower may borrow (a) Each borrowing of a Loan under the Commitment during Term Asset-Backed Securities Loan Facility shall be made upon irrevocable notice by Borrower to Lender, which may be given by telephone or email transmission in accordance with the Commitment Period on any procedures established by Lender from time to time. Each such notice must be received by Lender at a time agreed upon by Lender and Borrower in accordance with agreed upon procedures at least one Business Day by giving the Bank irrevocable notice of a request for a Loan hereunder prior to (ai) in the case of Eurodollar Loans three Business Days before a proposed borrowing an FRBNY Loan, the settlement or continuation funding date of the related MLSA Loan related to such notice or conversation and (ii) in the case of an Operating Loan, the date of requested funding of an Operating Loan. (b) i n Notwithstanding anything to the case contrary contained herein, any such telephonic notice under (a) may be given by a Responsible Officer of Fluctuating Rate Loans not less than one nor more than five Business Days before Borrower or an individual who has been authorized in writing to do so by a proposed borrowing Responsible Officer of Borrower. Each such telephonic notice must be confirmed promptly by delivery to Lender of a written notice (which may be sent via email) from a Responsible Officer of Borrower. Each irrevocable notice (whether telephonic or continuation or conversation, setting forth written) under (a) above shall specify (i) the amount of the Loan requested, which shall not be less than $100,000requested Funding Date, (ii) the requested borrowing date or Interest Period commencement date, as the case may beamount to be borrowed, (iii) whether the borrowing or interest Period relevant loan is to be for a Eurodollar Loan, Fluctuating Rate an FRBNY Loan or a combination thereof, an Operating Loan and (iv) if entirely such other information as Lender may reasonably request. (c) Upon satisfaction of the applicable conditions set forth in Sections 4.1 and 4.2, Lender shall make the proceeds of the Loans available to Borrower by approximately 9:30 am New York time on the Funding Date either by, as specified in the notice given under this Section 2.2, (i) crediting the Investment Account or partially a Eurodollar (ii) such other wire transfer or other payment of such proceeds, in each case in accordance with instructions provided to (and acceptable to) Lender by Borrower. (d) In the case of an FRBNY Loan, the length if settlement of any MLSA Loan to be funded with any portion of the Interest Period thereforeproceeds of such FRBNY Loan fails to occur on the applicable funding date for such MLSA Loan, which then such portion of the proceeds of such FRBNY Loan that was disbursed to Borrower and has not been applied to the settlement of a MLSA Loan shall be one, two, three or six months. As used in this Section 2.4, "conversion" shall mean the conversion from one interest rate returned to another interest rate as more fully described in this Agreement. Such notice hall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1 p.m. Lender on the date same day such FRBNY Loan has been disbursed if practicable, or, if not practicable, Borrower shall make a prepayment of such portion of the FRBNY Loan in accordance with Section 2.7 on which the next Business Day (and may apply such notice is funds from the Investment Account as may be necessary to be given. If any such request is sent by facsimile it shall be confirmed in writing sent by pay the Borrower to the Bank within two Business Days thereafter. Unless notification is otherwise furnished by the Borrower to the Bank (in a manner consistent with the requirements of this Sectionapplicable principal and accrued interest amount), Loans will be made by credits to the Borrower's demand deposit account maintained with the Bank. If the Borrower furnishes such notice but no election is made as to the type of Loan or the Interest Period to be applicable thereto, the Loan will automatically then be made as a Fluctuating Rate Loan until such required information is furnished pursuant to the terms hereof.

Procedure for Borrowings. The Borrower may borrow under the Commitment during the Commitment Period on any Business Day by giving the Bank irrevocable notice of a request for a Loan hereunder (a) Each Borrowing of Revolving Loans shall be made upon irrevocable telephonic notice by the Company followed immediately by written notice in the form of a Request for Extension of Credit (which telephonic notice must be received by the Administrative Agent (i) prior to 8:30 a.m. (Dallas time) three Business Days prior to the requested Borrowing Date, in the case of Eurodollar Loans three Business Days before a proposed borrowing or continuation or conversation Offshore Rate Loans; and (bii) i n prior to 8:30 a.m. (Dallas time) on the requested Borrowing Date, in the case of Fluctuating Base Rate Loans not less than one nor more than five Business Days before a proposed borrowing or continuation or conversationLoans), setting forth specifying: (i) the amount of the Loan requestedBorrowing, which shall not be less than in an aggregate minimum principal amount of $100,000, 5,000,000 and any multiple of $1,000,000 in excess thereof; (ii) the requested borrowing date or Interest Period commencement dateBorrowing Date, as the case may be, which shall be a Business Day; (iii) whether the borrowing or interest Period Borrowing is to be for a Eurodollar Loan, Fluctuating comprised of Offshore Rate Loan Loans or a combination thereof, Base Rate Loans; and (iv) if entirely or partially a Eurodollar Loan, the length duration of the Interest Period therefore, which shall be one, two, three or six months. As used applicable to Offshore Rate Loans included in this Section 2.4, "conversion" shall mean the conversion from one interest rate to another interest rate as more fully described in this Agreement. Such notice hall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1 p.m. on the date on which such notice is to be given. If any such request is sent by facsimile it shall be confirmed in writing sent by the Borrower to the Bank within two Business Days thereafter. Unless notification is otherwise furnished by the Borrower to the Bank (in a manner consistent with the requirements of this Section), Loans will be made by credits to the Borrower's demand deposit account maintained with the Banknotice. If the Borrower furnishes such notice but no election is made as Request for Extension of Credit shall fail to specify the type duration of Loan or the Interest Period to for any Borrowing comprised of Offshore Rate Loans, such Interest Period shall be applicable theretoone month (but not beyond the Maturity Date). (b) Promptly after receipt of a Request for Extension of Credit, the Loan will automatically then be made as a Fluctuating Rate Loan until such required information is furnished pursuant Administrative Agent shall notify each Bank of the proposed Borrowing. Each Bank shall make available to the terms hereofAdministrative Agent its Pro Rata Share of the amount (if any) by which the principal amount of the proposed Borrowing exceeds the principal amount of the Loans (if any) maturing on the Borrowing Date, in same day funds, by remitting such funds to: Bank of America, N.A., ABA No.

Procedure for Borrowings. The Borrower may borrow (a) Each borrowing of a Loan under the Commitment during Term Asset-Backed Securities Loan Facility shall be made upon irrevocable notice by Borrower to Lender, which may be given by telephone or email transmission in accordance with the Commitment Period on any procedures established by Lender from time to time. Each such notice must be received by ▇▇▇▇▇▇ at a time agreed upon by ▇▇▇▇▇▇ and Borrower in accordance with agreed upon procedures at least one Business Day by giving the Bank irrevocable notice of a request for a Loan hereunder prior to (ai) in the case of Eurodollar Loans three Business Days before a proposed borrowing an FRBNY Loan, the settlement or continuation funding date of the related MLSA Loan related to such notice or conversation and (ii) in the case of an Operating Loan, the date of requested funding of an Operating Loan. (b) i n Notwithstanding anything to the case contrary contained herein, any such telephonic notice under (a) may be given by a Responsible Officer of Fluctuating Rate Loans not less than one nor more than five Business Days before Borrower or an individual who has been authorized in writing to do so by a proposed borrowing Responsible Officer of Borrower. Each such telephonic notice must be confirmed promptly by delivery to Lender of a written notice (which may be sent via email) from a Responsible Officer of Borrower. Each irrevocable notice (whether telephonic or continuation or conversation, setting forth written) under (a) above shall specify (i) the amount of the Loan requested, which shall not be less than $100,000requested Funding Date, (ii) the requested borrowing date or Interest Period commencement date, as the case may beamount to be borrowed, (iii) whether the borrowing or interest Period relevant loan is to be for a Eurodollar Loan, Fluctuating Rate an FRBNY Loan or a combination thereof, an Operating Loan and (iv) if entirely such other information as Lender may reasonably request. (c) Upon satisfaction of the applicable conditions set forth in Sections 4.1 and 4.2, Lender shall make the proceeds of the Loans available to Borrower by approximately 9:30 am New York time on the Funding Date either by, as specified in the notice given under this Section 2.2, (i) crediting the Investment Account or partially a Eurodollar (ii) such other wire transfer or other payment of such proceeds, in each case in accordance with instructions provided to (and acceptable to) Lender by Borrower. (d) In the case of an FRBNY Loan, the length if settlement of any MLSA Loan to be funded with any portion of the Interest Period thereforeproceeds of such FRBNY Loan fails to occur on the applicable funding date for such MLSA Loan, which then such portion of the proceeds of such FRBNY Loan that was disbursed to Borrower and has not been applied to the settlement of a MLSA Loan shall be one, two, three or six months. As used in this Section 2.4, "conversion" shall mean the conversion from one interest rate returned to another interest rate as more fully described in this Agreement. Such notice hall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1 p.m. Lender on the date same day such FRBNY Loan has been disbursed if practicable, or, if not practicable, Borrower shall make a prepayment of such portion of the FRBNY Loan in accordance with Section 2.7 on which the next Business Day (and may apply such notice is funds from the Investment Account as may be necessary to be given. If any such request is sent by facsimile it shall be confirmed in writing sent by pay the Borrower to the Bank within two Business Days thereafter. Unless notification is otherwise furnished by the Borrower to the Bank (in a manner consistent with the requirements of this Sectionapplicable principal and accrued interest amount), Loans will be made by credits to the Borrower's demand deposit account maintained with the Bank. If the Borrower furnishes such notice but no election is made as to the type of Loan or the Interest Period to be applicable thereto, the Loan will automatically then be made as a Fluctuating Rate Loan until such required information is furnished pursuant to the terms hereof.

Procedure for Borrowings. The Borrower may borrow under (a) Each Borrowing shall be made upon the Commitment during the Commitment Period on any Business Day by giving the Bank irrevocable notice of a request for a Loan hereunder the Borrower, received by the Administrative Agent (ai) not later than 12:00 noon (Toronto time) three Business Days prior to the date of the proposed Borrowing, in the case of Eurodollar Loans three Business Days before a proposed borrowing or continuation or conversation and (bii) i n not later than 11:00 a.m. (Toronto time) on the date of the proposed Borrowing, in the case of Fluctuating Reference Rate Loans not less than one nor more than five Business Days before or Canadian Prime Rate Loans. Each such notice of a proposed borrowing or continuation or conversationBorrowing (a “Notice of Borrowing”) shall be in writing (including by facsimile confirmed immediately by telephone), setting forth in substantially the form of Exhibit 2.02 specifying: (i) the amount of the Loan requestedrequested borrowing date, which shall not be less than $100,000, a Business Day; (ii) the requested borrowing date currency and aggregate principal amount of the Borrowing, which shall be a minimum amount of US$5,000,000 or Interest Period commencement dateCdn$5,000,000, as applicable, or an integral multiple of US$1,000,000 or Cdn$1,000,000, as applicable, in excess thereof. If the case may beNotice of Borrowing shall fail to specify the currency with respect to the Borrowing, the Borrower shall be deemed to have selected US Dollars; (iii) whether the borrowing or interest Period Borrowing is to be for comprised of Eurodollar Loans, Reference Rate Loans or Canadian Prime Rate Loans. If the Notice of Borrowing shall fail to specify the Type of Borrowing, then the requested Borrowing shall be (i) in the case of a Eurodollar LoanBorrowing denominated in US Dollars, Fluctuating a Reference Rate Loan or Borrowing and (ii) in the case of a combination thereofBorrowing denominated in Canadian Dollars, and a Canadian Prime Rate Borrowing; and (iv) if entirely or partially a Eurodollar Loan, the length of the Interest Period therefore, which shall be one, two, three or six months. As used in this Section 2.4, "conversion" shall mean the conversion from one interest rate to another interest rate as more fully described in this Agreement. Such notice hall be written (including, without limitation, via facsimile transmission) and shall be sufficient if received by 1 p.m. on the date on which such notice Borrowing is to be given. If any comprised of Eurodollar Loans, the duration of the initial Interest Period applicable to such request is sent by facsimile it shall be confirmed in writing sent by the Borrower to the Bank within two Business Days thereafter. Unless notification is otherwise furnished by the Borrower to the Bank (in a manner consistent with the requirements of this Section), Loans will be made by credits to the Borrower's demand deposit account maintained with the BankBorrowing. If the Borrower furnishes Notice of Borrowing shall fail to specify the duration of the initial Interest Period for any Borrowing comprised of Eurodollar Loans, such notice but no election is made as Interest Period shall be one month. (b) Upon receipt of a Notice of Borrowing, the Administrative Agent shall promptly notify each Lender thereof and of the amount of such Lender’s Percentage Share of such Borrowing. (c) Each Lender shall make the amount of its Percentage Share of the Borrowings available to the type Administrative Agent for the account of Loan or the Interest Period to be Borrower at the Administrative Agent’s Payment Office on the Effective Date in funds immediately available in US Dollars, in the case of Eurodollar Loans and Reference Rate Loans, and in Canadian Dollars, in the case of Canadian Prime Rate Loans, by 12:00 noon (Toronto time). Unless any applicable theretocondition specified in Article V has not been satisfied, the Loan Administrative Agent will automatically then be made as a Fluctuating Rate Loan until such required information is furnished pursuant make the funds so received from the Lenders promptly available to the terms hereofBorrower by crediting the account of the Borrower on the books of the Administrative Agent (or such other account as shall have been specified by the Borrower) with the aggregate amount made available to the Administrative Agent by the Lenders and in like funds as received by the Administrative Agent. (d) After giving effect to the Borrowings, there shall not be more than an aggregate amount of fifteen (i) Interest Periods in effect in respect of all Loans outstanding at such time and (ii) Contract Periods in effect in respect of all B/As outstanding at such time.