Common use of Requests for Borrowings Clause in Contracts

Requests for Borrowings. Each Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 4 contracts

Sources: Credit Agreement (Victory Capital Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.), First Lien Credit Agreement (NEP Group, Inc.)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Loan Borrowing, the applicable Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11.00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such written Borrowing Request shall be irrevocableirrevocable and shall be by hand delivery or facsimile or other electronic transmission to the Administrative Agent signed by the applicable Borrower. Each such written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing (solely in the case of a Borrowing denominated in dollars) or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f2.05(1), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 4 contracts

Sources: Credit Agreement (SMART Global Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Loan Borrowing, the applicable Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing (solely in the case of a Borrowing denominated in dollars) or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the such Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 4 contracts

Sources: Credit Agreement (SMART Global Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.), Credit Agreement (SMART Global Holdings, Inc.)

Requests for Borrowings. Each To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request (as provided in Section 9.01) in writing by providing a Borrowing Request in the form of a written Borrowing Request, Exhibit C-1 hereto (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., New York City timeLocal Time, three four Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Term Loan Borrowing, not later than 12:00 noonp.m., New York City timeLocal Time, one four Business Day before the date of the proposed Borrowing, and (c) in the case of an ABR Revolving Borrowing, not later than 12:00 p.m., Local Time, four Business Days before the date of the proposed Borrowing; provided provided, that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 11:00 a.m., New York City timeLocal Time, on the date of the proposed Borrowing. Each such written Borrowing Request shall be irrevocableirrevocable and shall be provided by electronic mail or telecopy to the Administrative Agent. Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)of such Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Term Borrowing or Revolving Facility Borrowing is specified (as to any Borrowingapplicable), then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Affinion Group Holdings, Inc.), Credit Agreement (Affinion Group Holdings, Inc.), Credit Agreement (Affinion Group, Inc.)

Requests for Borrowings. Each To request a Revolving Facility Borrowing and/or Term Loan Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request (a) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noonp.m., New York City timeLocal Time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noonp.m., New York City timeLocal Time, one on the Business Day before the date of the proposed Borrowing; provided that any provided, that, to request a Term Benchmark Borrowing or ABR Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not request no later than 10:00 a.m.5:00 p.m., New York City timeLocal Time, on one (1) Business Day prior to such date (or such later time as the date of the proposed BorrowingAdministrative Agent may agree). Each such Borrowing Request shall be irrevocableirrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the SPAC Merger). Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)Initial Term Loans, Other Term Loans or Revolving Facility Loans of a particular Class, as applicable; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing; (v) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a Revolving Facility Borrowing, whether such Borrowing is to be for Standard Revolving Loans or Sustainability Loans; and (vii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. In the case of a Revolving Facility Borrowing, if no election is made pursuant to clause (vi) above then the Borrower shall be deemed to have selected Standard Revolving Loans. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each applicable Lender of the applicable Class of the details thereof and of the amount of such LenderL▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co), Incremental Assumption Agreement and Amendment No. 1 (Westrock Coffee Co)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one on the Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in substantially the form attached hereto as Exhibit E (or any other form approved by the Administrative Agent) and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Tranche A Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If or if no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the Borrower requested Borrowing shall be deemed to have selected a Eurodollar Revolving Borrowing with an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Blockbuster Inc), Credit Agreement (Blockbuster Inc), Credit Agreement (Blockbuster Inc)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request by submitting a Borrowing Request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon2:00 p.m., New York, New York City time, three (3) U.S. Government Securities Business Days (or such shorter period of time as may be acceptable to the Administrative Agent in its sole discretion) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York, New York City time, one on the Business Day before the date of the proposed Borrowing; provided that any no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by provided in Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing2.08(e). Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer of the Borrower. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (viv) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the amount of the then effective Aggregate Elected Commitment Amounts, the current total Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account(s) (or an account designated by the Borrower and approved by the Administrative Agent) to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.05. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation by the Borrower that the amount of the requested Borrowing shall not cause the total Revolving Credit Exposures to exceed the Loan Limit. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such LenderL▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Prairie Operating Co.), Credit Agreement (Prairie Operating Co.), Credit Agreement (BKV Corp)

Requests for Borrowings. Each To request a Borrowing, the Borrower shall notify the Agent of such request in writing by submitting a Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, Request (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date day of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.19(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be (x) an ABR Borrowing or a Eurocurrency Borrowing and (y) a Revolving Borrowing or a Term Loan Borrowing; (viv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) if the location and number of the account of the Borrower to which the funds are to be dispersed are different from those set forth in the Borrower’s standing instructions, the location and number of the account of the Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (MSG Entertainment Spinco, Inc.), Credit Agreement (Madison Square Garden Co)

Requests for Borrowings. Each Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) Section 4.02 are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Camping World Holdings, Inc.), Credit Agreement (Camping World Holdings, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request either in writing (delivered by hand, e-mail or fax) in substantially the form of Exhibit F and signed by the Borrower or by telephone (such request a written Borrowing Request, ”) (a) in the case of a Eurocurrency Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 p.m. (noon), New York City time, one Business Day before on the date of the proposed Borrowing; provided provided, that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery, fax or e-mail to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.01: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term SOFR Borrowing;; and (viv) in the case of a Eurocurrency Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. .” If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Udemy, Inc.), Credit Agreement (Flywire Corp)

Requests for Borrowings. Each Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (viivi) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Second Lien Credit Agreement (NEP Group, Inc.), Second Lien Credit Agreement (NEP Group, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Requestsuch request by telephone, facsimile or e-mail (a) in the case of a Eurocurrency LIBOR Borrowing, not later than 12:00 noonp.m., New York City Eastern time, three (3) Business Days before the date of the proposed Borrowing; (b) in the case of a EURIBOR Borrowing, not later than 12:00 p.m., Eastern time, three (3) Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing, not later than 12:00 noonp.m., New York City Eastern time, one Business Day before on the date of the proposed Borrowing; provided that any no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by provided in Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing2.07(d). Each such Borrowing Request shall be irrevocableirrevocable and, in the case of a telephonic Borrowing request, shall be confirmed promptly by hand delivery, facsimile or e-mail to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) the currency (whether in US Dollars or Euros) and aggregate amount of the requested Borrowing is (and, with respect to the Borrowing Request regarding Borrowings to be a made on the Initial Availability Date, the amount of the requested Term Loan Borrowing and the amount of the requested Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a Eurocurrency EURIBOR Borrowing; (viv) in the case of a Eurocurrency LIBOR Borrowing or a EURIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of 2.05. If no currency is specified with respect to any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, then the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedBorrower shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing and (B) in the case of Borrowing denominated in Euros, a EURIBOR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing or EURIBOR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each request for a Borrowing shall constitute a representation that the amount of the requested Borrowing shall not cause (x) the Total Revolving Credit Exposure to exceed the Aggregate Revolving Commitments or (y) the total outstanding Term Loans to exceeds the total Term Loan Commitments. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Exterran Corp), Credit Agreement (Exterran Holdings Inc.)

Requests for Borrowings. Each Borrowing To request a Revolving Facility Borrowing, a Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City timeLocal Time, one Business Day before the date of the proposed Borrowing; provided provided, that any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C – BA Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City timeLocal Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by such Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Revolving Facility Borrowing is specified as to any Borrowingspecified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Berry Plastics Group Inc), Revolving Credit Agreement (Berry Plastics Corp)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m.1:00 p.m., New York City time, on the date day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of an executed written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Term Borrowing, an Incremental Term Borrowing of a particular Series or a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, disbursed or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f2.06(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: First Lien Credit Agreement (Trinet Group Inc), First Lien Credit Agreement (Trinet Group Inc)

Requests for Borrowings. Each To request a Revolving Borrowing or Tranche B-1 Term Loan Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer of the Borrower. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof);Tranche B-1 Term Loan Borrowing, (ii) the aggregate amount of such Borrowing;, (iii) the date of such Borrowing, which shall be a Business Day;, (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing;, (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;, and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: First Lien Credit Agreement (Select Medical Holdings Corp), First Lien Credit Agreement (Select Medical Corp)

Requests for Borrowings. Each To request a Borrowing (other than Swingline Loans), the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Financial Officer of the Borrower. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate principal amount and Class of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Myriad Genetics Inc), Credit Agreement (Myriad Genetics Inc)

Requests for Borrowings. Each Borrowing To request a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)of such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement2.04; and (vii) that as of the date of such Borrowing, the all applicable conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (or, in the case of any Eurodollar Borrowing to be made on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent), (b) (i) in the case of an ABR Term Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice Borrowing and (ii) in the case of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given Borrowing, not later than 10:00 a.m.2:00 p.m., New York City time, on the date of the proposed BorrowingBorrowing or (c) in the case of a Borrowing of Swingline Loans, in accordance with Section 2.23. Each such telephonic Borrowing Request shall be irrevocable. irrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower substantially in the form of Exhibit T. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)of such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or (except for Borrowings of Swingline Loans) a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.04, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f)2.22, the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the all applicable conditions set forth in Sections Section 4.02(a), Section 4.02(b) and 4.02(bSection 4.02(c) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Virtu Financial, Inc.), Credit Agreement (Virtu Financial, Inc.)

Requests for Borrowings. Each To request a Term Loan Borrowing, the Borrower or the Blocked Borrower (as applicable) shall notify the Administrative Agent of such request by delivery (by hand delivery, facsimile or other electronic transmission) of a written Borrowing shall be made upon Request signed by the Borrower’s irrevocable notice Borrower or the Blocked Borrower (as applicable) to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency BorrowingBorrowing denominated in Dollars, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (or one Business Day in the case of any Eurocurrency Borrowing to be made on the Closing Date) (or such later time as the Administrative Agent may agree in its sole discretion) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable upon delivery and shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s or Blocked Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that that, as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: First Lien Term Loan Credit Agreement (Tronox LTD), First Lien Term Loan Credit Agreement (Tronox LTD)

Requests for Borrowings. Each (a) To request a Borrowing (except requests for Swing Loan Borrowings which are subject to Section 2.8(b)), the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (ai) in the case of a Eurocurrency LIBOR Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (bii) in the case of an ABR Borrowing, a Base Rate Borrowing not later than 12:00 noon1:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving a Base Rate Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.4(e) may be given not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing; provided further that the Borrower shall use Swing Loan Borrowings to finance the reimbursement of an LC Disbursement except to the extent that such Borrowings would cause the aggregate principal balance of all Swing Loans outstanding to exceed the Swing Loan Commitment, in which case the Borrower may use Base Rate Revolving Credit Borrowings to finance such reimbursement, but only to the extent of such excess. Each such telephonic Borrowing Request shall be irrevocable. irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in the form of Exhibit D-1 attached hereto and signed by the Borrower. (b) Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.2: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the effective date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurocurrency LIBOR Borrowing; (viv) in the case of a Eurocurrency LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, 2.5; (vi) at any time when the outstanding Loans exceed $150,000,000 minus the aggregate amount of all “Net Proceeds” of “Asset Sales” and “Relocations” applied by the Borrower or any of its “Restricted Subsidiaries” after the Closing Date to repay any term “Indebtedness” under any “Credit Facility” or to repay any revolving credit “Indebtedness” under any “Credit Facility” and effect a corresponding commitment reduction under a “Credit Facility” pursuant to Section 4.10 of the Senior Subordinated Note Indenture and Section 4.10 of the Media Holdings Discount Notes Indenture (all of the foregoing terms in quotation marks are used as defined in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance Senior Subordinated Note Indenture and the reimbursement of an LC Disbursement as provided in Section 2.05(fMedia Holdings Discount Notes Indenture), (A) a certification that the identity Loans being incurred on such date, after giving effect to such Borrowing Request, are not incurred in violation of the Issuing Bank that made such LC Disbursement; and (vii) that as Senior Subordinated Note Indenture or the Media Holdings Discount Notes Indenture, including a detailed calculation of the date of Leverage Ratio (as defined in the applicable indenture) demonstrating that such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as Leverage Ratio does not exceed 7.0 to 1 after giving effect to the Type of Borrowing is specified as to any Borrowing, then Request and (B) the requested Borrowing Request therefor must be in writing (and no telephonic Borrowing Requests shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowingpermitted).

Appears in 2 contracts

Sources: Credit Agreement (Lbi Media Holdings Inc), Credit Agreement (Lbi Media Holdings Inc)

Requests for Borrowings. Each To request a Borrowing (other than a Swingline Loan Borrowing), the applicable Borrower shall be made upon the Borrower’s irrevocable notice to the notify Administrative Agent of such request in the form of a written Borrowing Requestwriting, which request must be received by Administrative Agent not later than 2:00 p.m. (aNew York City time) (i) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three 3 Business Days before the date of the proposed Borrowing or Borrowing, (bii) in the case of an ABR a Base Rate Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice , or (iii) in the case of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(fa SOFR Borrowing, three (3) may be given not later than 10:00 a.m., New York City time, on U.S. Government Securities Business Days before the date of the proposed Borrowing; provided that, such notice may be provided one (1) U.S. Government Securities Business Day prior to the Initial Funding Date. Each such Borrowing Request shall be irrevocableirrevocable and shall be in the form of Exhibit 2.3 and signed by the applicable Borrower. Each Borrowing Request shall specify the following information: (ia) whether the requested Borrowing is to be an Initial Term A-1 Loan Borrowing, Initial Term A-2 Loan Borrowing, Delayed Draw Term Loan Borrowing, if available, or, subject to Section 2.2(f), a Revolving Credit Loan Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (iib) the aggregate amount and currency (which shall be an Approved Currency, subject to Section 2.2(e)) of such the requested Borrowing; (iiic) the date of such Borrowing, which shall be a Business Day; (ivd) whether such Borrowing is to be an ABR a Base Rate Borrowing, a Eurocurrency Borrowing or a Eurocurrency SOFR Borrowing; (ve) in the case of a Eurocurrency Borrowing or a SOFR Borrowing, the initial Interest Period to be applicable theretothereto (including specifying the duration of such Interest Period and the last day of such Interest Period), which shall be a period contemplated by the definition of the term “Interest Period”;; and (vif) the location and number of the Borrower’s account of the applicable Borrower or, in connection with the initial Borrowings on the Initial Funding Date, the Person to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.6. If no election as to the currency of a Borrowing is specified, or, then the requested Borrowing shall be made in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing is specified as to any Borrowingfor Borrowings in Dollars, then the requested Borrowing shall be a SOFR Borrowing with an ABR BorrowingInterest Period of one (1) month. If no Interest Period is specified with respect to any requested Eurocurrency BorrowingBorrowing or SOFR Borrowings, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the applicable Class that will make a Loan in connection with such Borrowing in accordance with Section 2.2(a) of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Kellogg Co), Credit Agreement (WK Kellogg Co)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m.p.m., New York City time, on the date which is one (1) Business Day prior to the requested Borrowing date of the proposed each ABR Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan (i) requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement, or (ii) requested to repay the Swing Line Loans as contemplated by Section 2.24(b)(iv), the Swing Line Lender; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Greenhill & Co Inc), Credit Agreement (Greenhill & Co Inc)

Requests for Borrowings. Each Borrowing To request a Revolving Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; , provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) subject to the second sentence of Section 2.02(b), whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”;"; and (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request by written notice in the form of a written Borrowing Request, Request (a) in the case of a Eurocurrency BorrowingEurodollar Borrowing of Term Loans or Revolving Loans, not later than 12:00 noonp.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing of Term Loans or Revolving Loans to be made on the Closing Date, such shorter period of time as may be agreed to by the Administrative Agent and the Joint Lead Arrangers) or (b) in the case of an ABR Borrowing, not later than 12:00 noonp.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is Loans are to be a Term Loans, Revolving BorrowingLoans, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate principal amount of each such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a), Section 4.02(b) and 4.02(bSection 4.02(c) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise notify each Lender of the applicable Class of the details thereof such Borrowing Request and of the amount of such Lender’s Loan to be made as part Applicable Percentage of the requested Borrowing.

Appears in 2 contracts

Sources: First Lien Amending Agreement (CPI Card Group Inc.), First Lien Credit Agreement (CPI Card Group Inc.)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City timeLocal Time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the currency and aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing (solely in the case of a Borrowing denominated in dollars) or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any BorrowingBorrowing denominated in dollars, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount and currency of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Interactive Data Holdings Corp), Credit Agreement (Interactive Data Corp/Ma/)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Closing Date, one (1) Business Day) or (b) in the case of an ABR Borrowing, not later than 12:00 noon10:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. irrevocable and shall be signed by the Borrower substantially in the form of Exhibit S. Each such written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate principal amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be a Eurodollar Borrowing with an Interest Period of one (1) month if the respective notice is received by the Administrative Agent by 11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, after which it shall be incurred as an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Atlas Technical Consultants, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Company shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (a) in the case of a Eurocurrency LIBOR Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date day of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer of the Company. Each such Borrowing Request shall specify the following information:information (to the extent applicable, in compliance with Sections 2.1.1 and 2.2(a)): (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the requested date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurocurrency LIBOR Borrowing; (viv) in the case of a Eurocurrency LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account of the Company to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, disbursed or, in the case of any ABR Revolving Base Rate Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f)2.3.5, the identity of the Issuing Bank that made such LC Disbursement; and (viivi) that as of the such date of such Borrowing, the conditions set forth in Sections 4.02(a12.2.1(a) and 4.02(b12.2.1(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing, then the Borrower Company shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.2.1, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Bright Health Group Inc.), Credit Agreement (Bright Health Group Inc.)

Requests for Borrowings. Each To request a Revolving Loan Borrowing or Term Loan Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one on the Business Day before the date of the such proposed Borrowing; provided that any such notice of an such ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall, only in the case of Revolving Loan Borrowings, be irrevocable and shall be irrevocableconfirmed promptly by hand delivery, email of a “pdf” or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Borrowing of Revolving BorrowingLoans, a Borrowing of Term Borrowing Loans or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Blue Buffalo Pet Products, Inc.), Credit Agreement (Blue Buffalo Pet Products, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request by telephone or by written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower (a written Borrowing Request, ”): (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, New York, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York, New York City time, one on the Business Day before the date of the proposed Borrowing; provided that any no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowingprovided in ‎Section 2.08(e). Each such telephonic and written Borrowing Request shall be irrevocableirrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with ‎Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current total Credit Exposures (without regard to the requested Borrowing) and the pro forma total Credit Exposures (giving effect to the requested Borrowing); and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied‎Section 2.05. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the total Credit Exposures to exceed the total Commitments (i.e., the lesser of the Aggregate Maximum Credit Amounts and the then effective Borrowing Base). Promptly following receipt of a Borrowing Request in accordance with this Section‎Section 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Magnum Hunter Resources Corp), Credit Agreement (Magnum Hunter Resources Corp)

Requests for Borrowings. Each Borrowing (a) To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by telephone or a written Borrowing Request, (ai) in the case of a Eurocurrency BorrowingEurodollar Borrowing denominated in Dollars, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bexcept as provided in Section 2.03(b)), (ii) in the case of an ABR Borrowing, not later than 12:00 12 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingBorrowing and (iii) in the case of a Eurodollar Borrowing denominated in an Alternative Currency, not later than 11:00 a.m., New York City time, four Business Days (or five Business Days in the case of a Special Notice Currency) before the date of the proposed Borrowing (except as provided in Section 2.03(b)). Each such Borrowing Request shall be irrevocableirrevocable and if made telephonically, shall be confirmed promptly, by hand delivery, facsimile or electronic mail of a written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement2.05; and (viivi) that as the currency of the date of such requested Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR BorrowingBorrowing if such Borrowing is for a Loan denominated in Dollars, and a Eurodollar Loan for a Loan denominated in an Alternative Currency. If no election as to the currency of such Borrowing is specified, then the requested Borrowing shall be made in Dollars. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. (b) The Borrower may request a Eurodollar Borrowing having an Interest Period other than one week or one, two, three or six months or, if available and approved by each Lender, twelve months, in duration as provided in the definition of “Interest Period” by notifying the Administrative Agent not later than 11:00 a.m., New York City time, (x) four Business Days prior to the requested date of such Borrowing denominated in Dollars and having such Interest Period and (y) five Business Days (or six Business Days in the case of a Special Notice Currency) prior to the requested date of such Borrowing denominated in an Alternative Currency and having such Interest Period, whereupon the Administrative Agent shall give prompt notice to the Lenders of such request and determine whether the requested Interest Period is acceptable to all of them; and not later than 8:00 a.m., New York City time, on the Business Day after receiving such request from the Borrower, the Administrative Agent shall notify the Borrower whether or not the requested Interest Period has been agreed to by all the Lenders. If such requested Interest Period is so approved by all of the Lenders, the Borrower may thereafter from time to time elect to make Borrowing Requests under Section 2.03(a) and Interest Election Requests under Section 2.06(c) designating such Interest Period, until the Administrative Agent notifies the Borrower that the Required Lenders have elected to revoke such approval.

Appears in 2 contracts

Sources: Five Year Senior Credit Agreement, Five Year Senior Credit Agreement (TE Connectivity Ltd.)

Requests for Borrowings. Each Borrowing To request a Revolving Loan or Term Loan, the Parent Borrower or the applicable Subsidiary Term Borrower or, in the case of a Foreign Currency Borrowing, the applicable Foreign Subsidiary Borrower, shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing Loan to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Parent Borrower or Subsidiary Term Borrower, as the case may be, and, in the case of a Foreign Currency Borrowing, the applicable Foreign Subsidiary Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving BorrowingLoan, a Tranche B Term Borrowing Loan or a Borrowing of any other Class (specifying the Class thereof)Incremental Term Loan; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing, unless such Borrowing is a Foreign Currency Borrowing; (v) if such Borrowing is a Foreign Currency Borrowing, the relevant Foreign Currency; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”;"; and (vivii) the location and number of the Parent Borrower’s 's, the applicable Subsidiary Term Borrower's, or the applicable Foreign Subsidiary Borrower's, as the case may be, account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is a Foreign Currency Borrowing, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency BorrowingRevolving Loan, then the Parent Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 2 contracts

Sources: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; , provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(b)(iii) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (viivi) that as of the such date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Revolving Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (James River Coal CO)

Requests for Borrowings. Each To request a Term Loan Borrowing or a Revolving Borrowing, the Borrower shall be made upon notify the Borrower’s irrevocable notice Administrative Agent of such request by telecopy of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower (or, in the case of a Term Loan Borrowing or a Revolving Borrowing denominated in U.S. Dollars, by telephone confirmed promptly by hand delivery or telecopy to the Administrative Agent in the form of a written Borrowing Request, Request in a form approved by the Administrative Agent and signed by the Borrower) (a) in the case of a Eurocurrency BorrowingBorrowing denominated in U.S. Dollars, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in a Foreign Currency and in the case of an Australian Dollar Borrowing, not later than 11:00 a.m., Local Time, four (4) Business Days before the date of the proposed Borrowing, or (bc) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable and shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, an Australian Dollar Borrowing or a Eurocurrency Borrowing; (iv) in the case of a Eurocurrency Borrowing, the Agreed Currency and initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) in the case of a Eurocurrency an Australian Dollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.07. gsdocs\8126959.10 If no denomination is specified with respect to any requested Eurocurrency Borrowing, or, in then the case of any ABR requested Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided shall be denominated in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedU.S. Dollars. If no election as to the Type of Revolving Borrowing is specified as to any Borrowingspecified, then then, in the case of a Borrowing denominated in U.S. Dollars, the requested Revolving Borrowing shall be an ABR Borrowing, and in the case of a Borrowing denominated in a Foreign Currency, the requested Revolving Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or Australian Dollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Progress Software Corp /Ma)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a such request by hand delivery or electronic means of an irrevocable written Borrowing Request, Request signed by the Borrower (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon1:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving L/C Borrowing to finance the reimbursement of an LC Disbursement L/C Disbursement, as contemplated by Section 2.05(f2.05(e) may shall be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowingdeemed to have been made as provided in Section 2.05(e). Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (ia) whether the requested Borrowing is to be a Revolving Working Capital Borrowing, a Construction/Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)Term Loan Borrowing; (iib) the aggregate amount of such the requested Borrowing; (iiic) the date of such Borrowing, Borrowing (which shall be a Business Day and, for a SOFR Borrowing, shall be a U.S. Government Securities Business Day); (ivd) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (ve) in the case of a Eurocurrency SOFR Borrowing, whether such SOFR Borrowing is for a Term SOFR Loan or a Daily Compounded SOFR Loan; (f) in the case of a SOFR Borrowing for a Term SOFR Loan, the initial Interest Period Period(s) to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (viig) that as of the date Depositary Account or Local Account to which the proceeds of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) Borrowing are satisfiedto be disbursed (if applicable). If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency BorrowingSOFR Borrowing for a Term SOFR Loan, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (REV Renewables, Inc.)

Requests for Borrowings. Each To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request electronically (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City timeLocal Time, one on the Business Day before the date of the proposed BorrowingBorrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that provided, that, (x) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City timeLocal Time, on the date of the proposed BorrowingBorrowing and (y) any such notice of an Incremental Revolving Borrowing or Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such written Borrowing Request shall be irrevocableirrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Transactions, or in the case of notice given in respect of Incremental Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement). Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)Term B Loans, Revolving Facility Loans, Refinancing Term Loans, Other Term Loans, Other Revolving Loans, Extended Term Loans, Extended Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (v) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a SOFR Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars); and (vii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with . If no election as to the requirements of Section 2.06, or, in the case currency of any ABR Revolving Facility Borrowing or Swingline Loan is made, then the requested to finance the reimbursement of an LC Disbursement as provided Borrowing shall be made in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice deliver to the Administrative Agent in the form of a written duly completed Borrowing Request, Request (a) in the case of a Eurocurrency Term SOFR Borrowing, not later than 12:00 noon, New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before on the date of the proposed Borrowing or (c) if applicable pursuant to Section 5.09, in the case of a Daily Simple SOFR Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given , not later than 10:00 a.m.12:00 noon, New York City time, on five U.S. Government Securities Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable and shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, a Term SOFR Borrowing or or, if applicable pursuant to Section 5.09, a Eurocurrency Daily Simple SOFR Borrowing; (viv) in the case of a Eurocurrency Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account of the Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.065.01, or, or in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f4.01(e), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDisbursement intended to be reimbursed. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.)

Requests for Borrowings. Each Borrowing (a) To request a Borrowing, the Borrower shall be made upon notify the Borrower’s irrevocable notice to the Administrative Agent in the form Lenders of a such request by written Borrowing Request, Request (aA) in the case of a Eurocurrency B/A Borrowing, not later than 12:00 noon, New York City time, three 11:00 a.m. two Business Days before the date of the proposed Borrowing Borrowing, or (bB) in the case of an ABR a Canadian Prime Borrowing, not later than 12:00 noon, New York City time11:00 a.m., one Business Day before the date of the proposed Borrowing; provided that . The Lenders are entitled to rely and act upon any borrowing request or written Borrowing Request given or purportedly given by the Borrower, and the Borrower hereby waives the right to dispute the authenticity and validity of any such notice of an ABR Revolving request or resulting transaction once the Lenders or any Lender has advanced funds, accepted a B/A or made a B/A Equivalent Loan based on such borrowing request or written Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingRequest. Each such Borrowing Request shall be irrevocable. Each written Borrowing Request shall specify the following information: (i) whether the aggregate amount of each requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof);. (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Contract Period”;; and (viiii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; andherewith. (viib) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Contract Period is specified with respect to any requested Eurocurrency B/A Borrowing, then the Borrower shall be deemed to have selected an Interest a Contract Period of one month’s 30 days’ duration. (c) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request. Promptly following receipt Thereafter, the Borrower shall elect a new Contract Period therefor, as provided in this Section 2.3(c). The Borrower may elect different Contract Periods with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. To make an election pursuant to this Section 2.3(c), the Borrower shall notify the Lenders of such election by the time that a Borrowing Request in accordance with this Section, would be required under Section 2.3(a) if the Administrative Agent shall advise each Lender Borrower were requesting a Borrowing of the applicable Class of the details thereof and of the amount of Type resulting from such Lender’s Loan election to be made as part on the effective date of such election. Each such request shall be irrevocable. In addition to the information specified in Section 2.3(b), each written Borrowing Request shall specify the Borrowing to which such request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing. (d) In the absence of a timely and proper election, the Borrower shall be deemed to have elected a new Contract Period for Borrowings of 30 days’ duration, except where the date of such an election is less than 30 days prior to the Contract Date, in which case, the Borrower shall be deemed to have elected to convert such B/A Borrowings to Canadian Prime Borrowings on the last day of the requested BorrowingContract Period of the relevant B/A Borrowings. (e) In the case of a Canadian Prime Loan made on the Effective Date, the Borrower shall, by written notice to the Lenders within seven (7) days of the Effective Date, convert such Canadian Prime Loan to one or more Bankers Acceptances or B/A Equivalent Loans.

Appears in 1 contract

Sources: Bridge Facility Credit Agreement (Tim Hortons Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing RequestRequest signed by the Borrower not later than 11:00 a.m., New York City time, (a) in the case of a Eurocurrency EurocurrencySOFR Borrowing denominated in U.S. Dollars, two Business Days before the date of the proposed Borrowing, not later than 12:00 noon(b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, New York City time, three four Business Days before the date of the proposed Borrowing (provided that this Agreement shall have been amended by the Administrative Agent and the Borrower on or prior to such date to reflect the addition of appropriate benchmark rate mechanics for such Alternative Currency), or (bc) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency EurocurrencySOFR Borrowing; (viv) in the case of a Eurocurrency EurocurrencySOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, ; and (vi) in the case of any ABR Revolving a EurocurrencySOFR Borrowing or Swingline Loan requested to finance the reimbursement of denominated in an LC Disbursement as provided in Section 2.05(f)Alternative Currency, the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date currency of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (KKR Real Estate Finance Trust Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the ------------------------ Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency LIBOR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one on the Business Day before the date of the proposed Borrowing; provided that the -------- Borrower may make only one request for a Borrowing in any such notice of an ABR Revolving Borrowing to finance single calendar month (it being understood that all Borrowings made by the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, Borrower on the same date shall be treated as a single request for a Borrowing for purposes of the proposed Borrowingthis limitation). Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Class of, and the aggregate amount of, such Borrowing is and the portion of the Purchase Price to be a Revolving Borrowing, a Term paid with the proceeds therefrom (and each written Borrowing or a Borrowing Request shall attach copies of any other Class (specifying Lucent's invoices for such portion of the Class thereofPurchase Price); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be a LIBOR Borrowing or an ABR Borrowing or a Eurocurrency Borrowing;; and (viv) in the case of a Eurocurrency LIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied". If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. A Borrowing Request shall not be required with respect to the Tranche A Loans that will result from the conversion of Bridge Loans on the Effective Date pursuant to Section 2.01(b).

Appears in 1 contract

Sources: Credit Agreement (Advanced Radio Telecom Corp)

Requests for Borrowings. Each To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by delivery (by hand delivery, facsimile or other electronic transmission) of a written Borrowing shall be made upon Request signed by the Borrower’s irrevocable notice Borrower to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (or one Business Day in the case of any Term SOFR Borrowing to be made on the Effective Date), or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable upon delivery and shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount and the currency of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term SOFR Borrowing; (viv) in the case of a Eurocurrency Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (viivi) that that, as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s six (6) months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Invacare Corp)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before on the date of the proposed Borrowing; provided that any no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by provided in Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing2.07(e). Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile or, subject to Section 12.01(b), e-mail to the Administrative Agent of a written Borrowing Request in substantially the form of Exhibit B and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (v) the amount of the current total Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma total Revolving Credit Exposures (giving effect to the requested Borrowing); (vi) that the proposed use of the proceeds thereof is for Budgeted Expenses in compliance with the DIP Budget; and (vii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.05. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent may condition the disbursement of DIP Loans on receipt of such documentation as it shall reasonably require to evidence that the proceeds of such DIP Loans shall be used in accordance with the DIP Budget both as to amount of such DIP Loans and as to the timing of such DIP Loans. Each Borrowing Request shall constitute a representation by the Credit Parties that the amount of the requested Borrowing shall not cause the total Revolving Credit Exposures to exceed the total Commitments. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s DIP Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Debtor in Possession Credit Agreement (Approach Resources Inc)

Requests for Borrowings. Each To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by delivering a Borrowing shall be made upon the Borrower’s irrevocable notice Request to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, 10:00 a.m. (New York City time), three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, 10:00 a.m. (New York City time), one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing prior to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request (other than any Borrowing of Swingline Loans), shall be irrevocable. Each Borrowing Request , shall be made by hand delivery or telecopy to the Administrative Agent and shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount and Currency of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing denominated in Dollars is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Each Borrowing of Swingline Loans shall be requested in accordance with Section 2.04.

Appears in 1 contract

Sources: Credit Agreement (American Realty Capital Global Trust II, Inc.)

Requests for Borrowings. Each To request a Revolving ------------------------ Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to -------- finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Delayed Draw I Borrowing, Delayed Draw II Borrowing or a Borrowing of any other Class (specifying the Class thereof)Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”;"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Laralev Inc)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request either in writing by delivery of an irrevocable Borrowing Request (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) signed by a Responsible Officer of the form of a written Borrowing Request, Borrower (a) in the case of a Eurocurrency LIBO Rate Borrowing, not later than 12:00 noon, New York City time, three Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, not later than 11:00 a.m., New York City time, one Business Day) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing (or, in the case of an ABR Borrowing to be made on the Closing Date, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any ) (or, in each case, such notice of an ABR Revolving Borrowing later time as shall be acceptable to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingAdministrative Agent). Each such Borrowing Request shall be irrevocable. Each written Borrowing Request shall specify the following informationinformation in compliance with Section 2.01: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)of such Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency LIBO Rate Borrowing; (v) in the case of a Eurocurrency LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disbursed, which shall comply with disbursed (the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f“Funding Account”), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be a LIBO Rate Borrowing with an ABR BorrowingInterest Period of one month. If no Interest Period is specified with respect to any requested Eurocurrency LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement

Requests for Borrowings. Each Borrowing To request a Borrowing, the applicable Borrower shall be made upon notify the Borrower’s irrevocable notice Administrative Agent by telephone confirmed promptly by hand delivery or fax to the Administrative Agent of a written Borrowing Request in the form of Exhibit C or any other form approved by the Administrative Agent and signed by a written Borrowing Request, Financial Officer of the Company (a) in the case of a Eurocurrency LIBOR Borrowing, CDOR Borrowing or EURIBOR Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR BorrowingBorrowing or a Canadian Prime Rate Borrowing (in each case, other than a Swingline Loan), not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City timeLocal Time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrower requesting such Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate Tranche under which such Borrowing is to be made; (iii) the currency and the principal amount of such Borrowing; (iiiiv) the date of such Borrowing, which shall be a Business Day; (ivv) whether the Type of such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vvi) in the case of a Eurocurrency LIBOR Borrowing, CDOR Borrowing or EURIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vivii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, Applicable Funding Account or, in the case of any ABR Revolving Borrowing or Swingline Loan Canadian Prime Rate Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f2.05(e), the identity of the Issuing Bank that made such LC Disbursement; and (viiviii) in the case of a Borrowing by a Borrowing Subsidiary that as is not a US Borrowing Subsidiary, a UK Borrowing Subsidiary, an Irish Borrowing Subsidiary or a Canadian Borrowing Subsidiary, the jurisdiction from which payments of the date principal and interest on such Borrowing will be made. Any Borrowing Request that shall fail to specify any of the information required by the preceding provisions of this paragraph may be rejected by the Administrative Agent if such Borrowing, failure is not corrected promptly after the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as Administrative Agent shall give written or telephonic notice thereof to the Type applicable Borrower and, if so rejected, will be of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s durationforce or effect. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender that will make a Loan as part of the applicable Class requested Borrowing of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Amerisourcebergen Corp)

Requests for Borrowings. Each Borrowing To request a Borrowing, a Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request by telephone or in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency BorrowingBorrowing of Term SOFR Loans, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Borrowing of Alternative Currency Loans, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR a Base Rate Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and, in the case of telephonic Borrowing Requests, shall be confirmed promptly (but, in the case of a Base Rate Borrowing, not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing) by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the applicable Borrower and (if such Borrower is not the Company) the Company. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing identity of any other Class (specifying the Class thereof)applicable Borrower; (ii) the aggregate amount and Currency of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurocurrency BorrowingBorrowing of Term SOFR Loans or Alternative Currency Loans; (v) in the case of a Eurocurrency BorrowingBorrowing of Term SOFR Loans or Alternative Currency Term Rate Loans, the initial Interest Period to be applicable theretotherefor, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.04. If no election as to the Currency of a Borrowing is specified, or, then the requested Borrowing shall be denominated in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be a Base Rate Borrowing, unless an ABR BorrowingAlternative Currency has been specified, in which case the requested Borrowing shall be a Borrowing of Alternative Currency Loans denominated in such Alternative Currency. If no Interest Period is specified with respect to any requested Eurocurrency BorrowingBorrowing of Term SOFR Loans or Alternative Currency Term Rate Loans, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection (but, in the case of a Base Rate Borrowing, not later than 11:30 a.m., New York City time, on the date of the requested Borrowing, provided that the Administrative Agent shall have received a written Borrowing Request for such Borrowing not later than 10:00 a.m., New York City time, on such date), the Administrative Agent shall advise each relevant Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (American International Group, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (aa)(i) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing (or one (1) Business Day before the date of the proposed Borrowing in the case of any such Borrowing made on the Effective Date) or (ii) in the case of an RFR Borrowing, not later than 11:00 a.m. New York City time, five (5) U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer of the Borrower. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate principal amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing or an RFR Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (viv) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such LenderL▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. Notwithstanding the foregoing, in no event shall the Borrower be permitted to request pursuant to this Section 2.03 a Daily Simple SOFR Loan prior to a Benchmark Transition Event and Benchmark Replacement Date with respect to the Term SOFR Rate (it being understood and agreed that Daily Simple SOFR shall only apply to the extent provided in Sections 2.14(a) and 2.14(f)).

Appears in 1 contract

Sources: Limited Waiver and Fourth Amendment to Third Amended and Restated Credit Agreement (Eagle Pharmaceuticals, Inc.)

Requests for Borrowings. Each To request a Revolving Loan Borrowing or Term Loan Borrowing, the applicable Borrower shall be made upon notify the Borrower’s irrevocable notice to the applicable Administrative Agent in the form of a written Borrowing Request, such request by telephone (aa)(x) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the applicable Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not no later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be delivered by hand delivery, facsimile or other electronic transmission to the Administrative Agent and shall be signed by the applicable Borrower. Each such Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Term A-1 Loan Borrowing, Term A-2 Loan Borrowing, Term B Loan Borrowing, a Term Cash Flow Loan Borrowing, a Term A-3 Loan Borrowing, a Revolving Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the such Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, 2.06 or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; , and (vii) that except on the Effective Date, that, as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Dell Technologies Inc)

Requests for Borrowings. Each Borrowing To request a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Effective Date, one Business Day) or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Endurance International Group Holdings, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, Borrowers shall be made upon the Borrower’s irrevocable notice to the notify Administrative Agent of such request in the form of a written Borrowing Requestwriting, which request must be received by Administrative Agent (ai) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, (bii) in the case of an ABR Borrowinga Base Rate Borrowing in Dollars, not later than 12:00 noon3:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice , (iii) in the case of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given a SOFR Borrowing, not later than 10:00 11:00 a.m., New York City time, on three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing, or (iv) in the case of a SON▇▇ ▇▇rrowing, not later than 11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be in the form of Exhibit 2.3 and signed by Borrowers. Each Borrowing Request shall specify the following information: (ia) whether the requested such Borrowing is to be a Revolving Base Rate Borrowing, a Term Borrowing SOFR Borrowing, a SON▇▇ ▇▇rrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Eurocurrency Borrowing; (iiib) the aggregate principal amount of the requested Borrowing; (c) the date of such Borrowing, which shall be a Business DayDay (or U.S. Government Securities Business Day for SOFR Borrowings); (ivd) whether such the currency in which the requested Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowingdenominated; (ve) in the case of a SOFR Borrowing or a Eurocurrency Borrowing, the initial Interest Period to be applicable theretothereto (including specifying the duration of such Interest Period and the last day of such Interest Period), which shall be a period contemplated by the definition of the term “Interest Period”; (vif) in the case of a SON▇▇ ▇▇rrowing, whether the Interest Payment Date will be one month or three months after the date of Borrowing of such Loan; and (g) the location and number of the a Borrower’s account accounts or, in connection with the initial Borrowings on the Effective Date, Person to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.6. If no election as to the currency of Borrowing is specified, or, then the requested Borrowing shall be denominated in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedEuros. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR a Base Rate Borrowing, if denominated in Dollars, a Eurocurrency Borrowing, if denominated in Euros or a SON▇▇ ▇▇rrowing, if denominated in Sterling. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or SOFR Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. If no Interest Payment Date is specified with respect to any requested SON▇▇ ▇▇rrowing, then Borrowers shall be deemed to have selected an Interest Payment Date one month after the date of such Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (WestRock Co)

Requests for Borrowings. Each Borrowing To request a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency Eurodollar Borrowing (other than any Delayed Draw Borrowing), not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days (or, in the case of any Eurodollar Borrowing to be made on the Closing Date, one (1) Business Day) before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing (other than any Delayed Draw Borrowing), not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on one (1) Business Day before the date of the proposed Borrowing or (c) in the case of a Delayed Draw Borrowing, not later than 10:00 a.m., New York City time, fourteen (14) Business Days before the date of the proposed Borrowing (in each case, or such shorter period (but not shorter than 10:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing) as may be agreed to by the Lenders). Each such borrowing of Delayed Draw Term Loans shall be in a minimum amount of $5,000,000 or a whole multiple of $1,000,000 in excess thereof. Each Borrowing Request shall be irrevocable. irrevocable (except that (i) the Borrowing Request submitted in respect of the Term Borrowing to be made on the Closing Date may state that such Borrowing Request is conditional upon the occurrence of the Closing Date and may be revoked by the Borrower if the Closing Date does not occur and (ii) the Borrowing Request submitted in respect of any Term Borrowing intended to finance any Permitted Acquisition may be revoked by the Borrower on or prior to the date that is ten (10) Business Days before the date of the proposed Borrowing) and shall be signed by the Borrower substantially in the form of Exhibit S. Each Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Term Borrowing, a Term Delayed Draw Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate principal amount of such Borrowing and, in the case of Delayed Draw Term Loans, the aggregate amount of remaining unused Delayed Draw Commitments immediately after giving effect to such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) or Section 4.03(a), as applicable, are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be a Eurodollar Borrowing with an Interest Period of one (1) month if the respective notice is received by the Administrative Agent by 11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, after which it shall be incurred as an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Term Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Atlas Technical Consultants, Inc.)

Requests for Borrowings. Each Subject to the provisions of Section 2.01 of this Agreement, including, without limitation, the conditions precedent (including the requirements of Section 5.02 hereof), Collateral requirements, limits and purposes provided for therein and elsewhere in this Agreement, the Borrower may request a Borrowing shall be made upon by notifying the Borrower’s irrevocable notice Administrative Agent of such request by delivering to the Administrative Agent in a Borrowing Request (or such other form as may be approved by the form of a written Borrowing Request, Administrative Agent) and signed by the Borrower (ai) in the case of a Eurocurrency BorrowingBorrowing consisting of SOFR Loans, not later than 12:00 noon2:00 p.m., New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (bii) in the case of an a Borrowing consisting of ABR BorrowingLoans or Cost of Funds Loans, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before prior to the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date day of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request made by electronic mail in portable document format (.PDF) or other facsimile, shall be signed by an Authorized Officer and shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (iia) the aggregate amount of such the requested Borrowing, which shall not exceed the Face Amount of the related Trade Letter of Credit issued with respect to the Crude Oil inventory being purchased; (iiib) the date of such Borrowing, which shall be a Business Day; (ivc) whether such Borrowing is in connection with an FOB Crude Oil Purchase or a Delivered Crude Oil Purchase; (d) whether such Borrowing is to be an ABR Borrowing, a SOFR Borrowing or a Eurocurrency Cost of Funds Borrowing; (ve) in the case if such Borrowing is to be a Cost of a Eurocurrency Funds Borrowing, the initial Interest Period Cost of Funds Loan Maturity Date applicable to be applicable theretosuch Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”Business Day; (vif) the location tenor applicable to such Borrowing (15 days for a Delivered Crude Oil Purchase and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of 30 days for an LC Disbursement as provided in Section 2.05(fFOB Crude Oil Purchase), the identity of the Issuing Bank that made such LC Disbursement; and (viig) that as identifying the related Trade Letter of Credit issued with respect to the date Crude Oil inventory being purchased from the applicable Crude Oil Supplier for which the proceeds of such BorrowingBorrowing are being used to make such payment on or before when due, together with any other documentation relating to such cargo reasonably requested by the conditions set forth in Sections 4.02(a) Administrative Agent. When delivered, such Borrowing Request shall be irrevocable and 4.02(b) are satisfiedshall be effective upon receipt by the Administrative Agent. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be made as an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Revolving Credit Loan to be made as part of the requested Borrowing. Notwithstanding anything set forth herein, no SOFR Loan based on Adjusted Daily Simple SOFR may be requested unless a Benchmark Transition Event has occurred.

Appears in 1 contract

Sources: Uncommitted Credit Agreement (Par Pacific Holdings, Inc.)

Requests for Borrowings. Each To request a Borrowing (other than a Swingline Loan), the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in writing by delivery of an irrevocable Borrowing Request signed by a Responsible Officer of the form of a written Borrowing Request, Borrower (a) in the case of a Eurocurrency BorrowingRate Borrowing denominated in Dollars, not later than 12:00 noon, New York City three Business Days (or, in the case of a Eurocurrency Rate Borrowing to be made on the Closing Date, one Business Day, which may be conditional upon the occurrence of the closing of the Acquisition) before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Rate Borrowing denominated in Euros, not later than 12:00 noon (London time), three four Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing, not later than 12:00 noon, New York City timenoon (1:00 p.m. in the case ABR Borrowing to reimburse LC Disbursement as contemplated by Section 2.05(e)), one Business Day before the date of the proposed Borrowing; provided that any Borrowing (or, in each case, such notice of an ABR Revolving Borrowing later time as shall be acceptable to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingAdministrative Agent). Each such Borrowing Request shall be irrevocable. Each written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying and the Class thereof); (ii) the aggregate amount of whether such BorrowingBorrowing will be made in Dollars or Euros; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Rate Borrowing; (v) in the case of a Eurocurrency Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disburseddisbursed (the “Funding Account”). If, which shall comply with the requirements of Section 2.06respect to Loans denominated in Dollars, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Rate Borrowing with an Interest Period of one month; provided that if the Borrower shall not have notified the Administrative Agent in writing of the Type of such requested Borrowing, by 12:00 noon three Business Days before the date of the requested Borrowing, then such Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If no currency is specified, then the Borrower shall be deemed to have requested a Borrowing denominated in Dollars. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (PSAV, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Term Benchmark Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not no later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be delivered by hand delivery, facsimile or other electronic transmission to the Administrative Agent and shall be signed by the Borrower. Each such Borrowing Request shall specify the following information: (i) whether the Class of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing; (v) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, 2.06 or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that except on the Effective Date and with respect to the initial Borrowings, that, as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Sinclair Broadcast Group, LLC)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a Base Rate Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR a Revolving Credit Base Rate Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.04(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Credit Borrowing, a Term Loan Borrowing or a an Incremental Loan Borrowing (including, if applicable, the respective Series of any other Class (specifying the Class thereofIncremental Loans to which such Borrowing relates); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR a Base Rate Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”;"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.05. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing. Anything herein to the contrary notwithstanding, the initial Borrowing hereunder shall be a Base Rate Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Lamar Advertising Co)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Requestwriting by telecopy, electronic mail, facsimile or overnight courier (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR BorrowingBorrowing of Revolving Loans, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing and (c) in the case of a ▇▇▇▇▇ Borrowing, not later than 2:00 p.m., New York City time, four (4) Business Days before the date of the proposed Borrowing; provided that any notice given in connection with Borrowings on the Effective Date (including Eurocurrency Borrowings) may be given not later than 2:00 p.m., New York City time, one (1) Business Day before the Effective Date; provided further that, in each case, the Administrative Agent may in its discretion accept any later request. Each such written Borrowing Request shall be signed by the Borrower substantially in the form of Exhibit S and shall be irrevocable. Each such written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a USD Tranche Revolving Borrowing, a Multicurrency Tranche Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing and the currency of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day;; AMERICAS 107903477 (iv) whether such Borrowing is to be an ABR Borrowing, ▇▇▇▇▇ Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing and a ▇▇▇▇▇ Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) except in the case of any Borrowing that is made on the Effective Date, that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or ▇▇▇▇▇ Borrowing, then then, in each case, the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (E2open Parent Holdings, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Request, writing (a1) (x) in the case of a Eurocurrency Borrowing, not later than 12:00 noon3:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing, and (y) in the case of any Eurocurrency Borrowing to be made on the Effective Date, not later than 10:00 a.m. one (1) Business Day prior to the Effective Date or (b2) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m.p.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocabledelivered by hand delivery, facsimile or other electronic transmission to the Administrative Agent and shall be signed by the Borrower. Each such Borrowing Request shall specify the following information: (i) whether the requested Borrowing is Facility, Class and Type of Loans to be a Revolving Borrowing, a Term Borrowing borrowed or a Borrowing of any other Class (specifying the Class thereof)to which existing Loans are to be converted; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.04. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the DOCUMENT IMPORTED BY DOCUMENTATION TEAM, ▇▇▇▇▇▇ IMPORTED BY DOCUMENTATION TEAM, ▇▇▇▇▇▇ ▇▇▇▇▇▇▇ FOR THE EXCLUSIVE USE OF GENERAL ACCESS NO. 2 - ▇▇▇▇▇▇▇ ON 14 SEP 18 04:39:17 GMT DOCUMENT Administrative Agent shall advise each Lender of the applicable Facility and Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. APOLLO GLOBAL MANAGEMENT, INC ON 17 OCT 23 Notwithstanding the foregoing, a Borrowing Request with respect to the funding of any Term Loans on the Effective Date (i) may be made not later than one (1) Business Day prior to the Effective Date, (ii) may be conditioned upon the consummation of the Transactions on the Effective Date (and may be revoked if such condition is not satisfied) and (iii) shall not include any representation or statement as to the absence (or existence) of any default or event of default.

Appears in 1 contract

Sources: Second Lien Credit Agreement

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon notify the Borrower’s irrevocable notice to the Administrative Agent Lender of such request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City Detroit time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City Detroit time, one on the Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.noon, New York City Detroit time, on the date of the proposed Borrowing. Each such written Borrowing Request shall be irrevocableirrevocable and shall be by hand delivery, telecopy or electronic communication to the Lender of a written Borrowing Request in a form approved by the Lender and signed by the Borrower. Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Caraco Pharmaceutical Laboratories LTD)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon1:00 p.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer. Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate principal amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing and whether such Borrowing is a Revolving Borrowing or a Term A-3 Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Ugi Corp /Pa/)

Requests for Borrowings. Each Borrowing To request a Term Loan Borrowing, the Lead Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Request, writing by electronic mail or overnight courier (a) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noonp.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, not later than 12:00 noonp.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance given in connection with Borrowings on the reimbursement of an LC Disbursement as contemplated by Section 2.05(fEffective Date (including Term Benchmark Borrowings) may be given not later than 10:00 a.m.2:00 p.m., New York City time, on one (1) Business Day before the date of Effective Date; provided further that, in each case, the proposed BorrowingAdministrative Agent may in its discretion accept any later request. Each such written Borrowing Request shall be signed by the Lead Borrower substantially in the form of Exhibit S and shall be irrevocable. Each such written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Borrowing of Initial Term Borrowing or Loans and/or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing; (v) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) except in the case of any Borrowing that is made on the Effective Date, that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the Lead Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Franchise Group, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (aa)(i) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing (or one (1) Business Day before the date of the proposed Borrowing in the case of any such Borrowing made on the Effective Date) or (ii) in the case of an RFR Borrowing, not later than 11:00 a.m. New York City time, five (5) U.S. Government Securities Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer of the Borrower. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate principal amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing or an RFR Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (viv) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. Notwithstanding the foregoing, in no event shall the Borrower be permitted to request pursuant to this Section 2.03 a Daily Simple SOFR Loan prior to a Benchmark Transition Event and Benchmark Replacement Date with respect to the Term SOFR Rate (it being understood and agreed that Daily Simple SOFR shall only apply to the extent provided in Sections 2.14(a) and 2.14(f)).

Appears in 1 contract

Sources: Credit Agreement (Eagle Pharmaceuticals, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the applicable Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request (a) by irrevocable written notice (via a written Borrowing Request, (aRequest signed by the applicable Borrower) in the case of a Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., New York City timeLocal Time, three (3) Business Days (in the case of a Eurocurrency Borrowing denominated in Dollars) or by irrevocable written notice (via a written Borrowing Request signed by such Borrower) not later than 1:00 p.m., Local Time, four (4) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency), in each case before the date of the proposed Borrowing or (b) by irrevocable written notice (via a written Borrowing Request signed by the Borrower) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing name of any other Class (specifying the Class thereof)applicable Borrower; (ii) the aggregate principal amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (v) in the case of a Eurocurrency Borrowing, the Agreed Currency and initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then then, in the case of a Borrowing denominated in Dollars, the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Vonage Holdings Corp)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Third Amendment Effective Date, one Business Day) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Endurance International Group Holdings, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request either in writing (delivered by hand or fax) in substantially the form of Exhibit F and signed by the Borrower or by telephone (such request a written Borrowing Request, ”) (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing; provided, that any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.06(e) may BE GIVEN NOT LATER THAN 10:00 A.M., NEW YORK CITY TIME, ON THE DATE OF THE PROPOSED BORROWING. Each such Borrowing Request shall be irrevocableEACH SUCH TELEPHONIC BORROWING REQUEST SHALL BE IRREVOCABLE AND SHALL BE CONFIRMED PROMPTLY BY HAND DELIVERY OR FAX TO THE ADMINISTRATIVE AGENT OF A WRITTEN BORROWING REQUEST IN A FORM APPROVED BY THE ADMINISTRATIVE AGENT AND SIGNED BY THE BORROWER. Each Borrowing Request shall specify the following informationEACH SUCH TELEPHONIC AND WRITTEN BORROWING REQUEST SHALL SPECIFY THE FOLLOWING INFORMATION IN COMPLIANCE WITH Section 2.01: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing;; and (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. .” If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Sailpoint Technologies Holdings, Inc.)

Requests for Borrowings. Each Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing (or, solely in the case of a Borrowing Request for Term Loans (but not an Interest Election Request), such later date and time as is acceptable to the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; (vii) in the case of the Borrowings on the Closing Date, that as of the Closing Date, the conditions set forth in Section 4.01 will be satisfied; and (viiviii) in the case of a Borrowing after the Closing Date, that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are or, with respect to Amendment ▇▇. ▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇ Loans, Section 3.2 of Amendment No. 1, will be satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Virtus Investment Partners, Inc.)

Requests for Borrowings. Each Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing (or, solely in the case of a Borrowing Request for Term Loans (but not an Interest Election Request), such later date and time as is acceptable to the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; (vii) in the case of the Borrowings on the Closing Date, that as of the Closing Date, the conditions set forth in Section 4.01 will be satisfied; and (viiviii) in the case of a Borrowing after the Closing Date, that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are will be satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Virtus Investment Partners, Inc.)

Requests for Borrowings. Each To request a Borrowing of Revolving Loans, the Borrower shall provide the Senior Facility Agent a fully executed Borrowing Notice by e-mail, or facsimile or notify the Senior Facility Agent by telephone, to be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form promptly confirmed by e-mail or facsimile of a written fully executed Borrowing RequestNotice, (a) in the case of a Eurocurrency Term SOFR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. Each such Borrowing Request Notice shall be irrevocableirrevocable and, if telephonic, shall be confirmed promptly by e- mail or facsimile to the Senior Facility Agent of a written Borrowing Notice signed by the Borrower. Each such telephonic and written Borrowing Request Notice shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term SOFR Borrowing; (viv) in the case of a Eurocurrency Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period;” and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request Notice in accordance with this Section, the Administrative Senior Facility Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Senior Revolving Credit and Guaranty Agreement (Sabine Pass Liquefaction, LLC)

Requests for Borrowings. Each To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request electronically (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City timeLocal Time, one on the Business Day before the date of the proposed BorrowingBorrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that provided, that, (x) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City timeLocal Time, on the date of the proposed BorrowingBorrowing and (y) any such notice of an Incremental Revolving Borrowing or Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such written Borrowing Request shall be irrevocableirrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Transactions, or in the case of notice given in respect of Incremental Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement). Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class Term B Loans, Revolving Facility Loans, Refinancing Term Loans (specifying the Class thereofincluding 2023 Refinancing Term B Loans), 2023 Additional Term B Loans, Other Term Loans, Other Revolving Loans, Extended Term Loans, Extended Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (v) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a SOFR Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars); and (vii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with . If no election as to the requirements of Section 2.06, or, in the case currency of any ABR Revolving Facility Borrowing or Swingline Loan is made, then the requested to finance the reimbursement of an LC Disbursement as provided Borrowing shall be made in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Requests for Borrowings. Each Borrowing To request a Term Loan Borrowing, the Lead Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request in the form of a written Borrowing Requestwriting by telecopy, electronic mail, facsimile or overnight courier (a) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m.p.m., New York City time, on the date of the proposed Borrowing; provided that any notice given in connection with Borrowings on the Effective Date (including Term Benchmark Borrowings) may be given not later than 2:00 p.m., New York City time, one (1) Business Day before the Effective Date; provided further that, in each case, the Administrative Agent may in its discretion accept any later request. Each such written Borrowing Request shall be signed by the Lead Borrower substantially in the form of Exhibit S and shall be irrevocable. Each such written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Borrowing of Initial Term Borrowing or Loans and/or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing; (v) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) except in the case of any Borrowing that is made on the Effective Date, that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the Lead Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (Franchise Group, Inc.)

Requests for Borrowings. Each Borrowing To request a Revolving Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; , provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request substantially in the form of Exhibit G signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period"; (viv) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (viivi) that as of the such date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Usg Corp)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one on the Business Day before the date of the such proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery, email of a “pdf” or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Sra International Inc)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing (including a Borrowing of additional Initial Term Loans pursuant to the Delayed Draw Term Loan Commitments), the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by delivery of a written Borrowing Request, Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or such later time on such date as the Administrative Agent may agree in its reasonable discretion) or (b) in the case of an ABR Borrowing, not later than 12:00 noonp.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any Borrowing (or such notice of an ABR Revolving Borrowing to finance later time on such date as the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) Administrative Agent may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowingagree in its reasonable discretion). Each such Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable and shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s applicable account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such BorrowingBorrowing Request, the conditions set forth in Sections Section 4.02(a) and 4.02(b) are satisfied, or are in good faith expected to be satisfied as of the date of such Borrowing. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement

Requests for Borrowings. Each To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Agent shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request electronically (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City timeLocal Time, one on the Business Day before the date of the proposed BorrowingBorrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that provided, that, (x) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City timeLocal Time, on the date of the proposed BorrowingBorrowing and (y) any such notice of an Incremental Revolving Borrowing or Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such written Borrowing Request shall be irrevocableirrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Transactions, or in the case of notice given in respect of Incremental Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement). Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class Term B Loans, Revolving Facility Loans, Refinancing Term Loans (specifying the Class thereofincluding 2024 Refinancing Term B Loans), Other Term Loans, Other Revolving Loans, Extended Term Loans, Extended Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (v) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR a SOFR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f)Facility Borrowing, the identity of the Issuing Bank that made currency in which such LC DisbursementBorrowing is to be denominated (which shall be Dollars); and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified applicable Borrower with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.thereto; and

Appears in 1 contract

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Requests for Borrowings. Each To request a Borrowing, the Borrower shall notify the Administrative Agent of such request by delivery (by hand delivery, facsimile or other electronic transmission) of a written Borrowing shall be made upon Request signed by the Borrower’s irrevocable notice Borrower to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing (or one Business Day in the case of any Term SOFR Borrowing to be made on the Effective Date), or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable upon delivery and shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount and the currency of such Borrowing; (iiiii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term SOFR Borrowing; (viv) in the case of a Eurocurrency Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (viivi) that that, as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s six (6) months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Amendment Agreement and Joinder to Foreign Guarantee Agreement (Invacare Corp)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form by hand delivery, electronic communication (including Adobe pdf file) or facsimile of a written Borrowing Request, Request signed by the Borrower by (a) in the case of a Eurocurrency Borrowing or Term SOFR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR BorrowingBorrowing or a Borrowing of a Daily SOFR Loan, not later than 12:00 noon11:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such written Borrowing Request shall be irrevocable. Each Borrowing Request permitted by the immediately preceding sentence shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)of such Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing, Eurocurrency Borrowing or a Eurocurrency Term SOFR Borrowing; (v) in the case of a Eurocurrency Borrowing or Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period;; (vi) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) in the case of a Borrowing Request made in respect of a Revolving Loan Borrowing (other than a Revolving Loan Borrowing made on the Closing Date), that as of such date the date of such Borrowing, the express conditions set forth in Sections Section 4.02(a) and 4.02(b(b) are satisfiedsatisfied (or waived). If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (GoodRx Holdings, Inc.)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Second Amendment Effective Date, one Business Day) or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a), 4.02(b) and 4.02(b4.02(c) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Endurance International Group Holdings, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice deliver to the Administrative Agent in the form of a written duly completed Borrowing Request, Request (a) in the case of a Eurocurrency Term SOFR Borrowing, not later than 12:00 noon, New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing or (or, in the case of a Borrowing Request with respect to Borrowings to be made on the Effective Date, such later time as shall have been agreed by the Administrative Agent), (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before on the date of the proposed Borrowing or (c) if applicable pursuant to Section 5.09, in the case of a Daily Simple SOFR Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given , not later than 10:00 a.m.12:00 noon, New York City time, on five U.S. Government Securities Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request irrevocable and shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing, a Term SOFR Borrowing or or, if applicable pursuant to Section 5.09, a Eurocurrency Daily Simple SOFR Borrowing; (viv) in the case of a Eurocurrency Term SOFR Borrowing, the initial Interest Period to be applicable thereto, which which, subject to Section 2.02(f), shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account of the Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.065.01, or, or in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f4.01(e), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDisbursement intended to be reimbursed. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Revolving Credit Agreement (Zimmer Biomet Holdings, Inc.)

Requests for Borrowings. Each To request a Term Loan Borrowing, the Borrower shall notify the Administrative Agent of such request by delivery (by hand delivery or electronic transmission) of a written Borrowing shall be made upon Request signed by the Borrower’s irrevocable notice Borrower to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days (or, in the case of a proposed Borrowing on the Effective Date, one Business Day) before the date of the proposed Borrowing (or such later time as the Administrative Agent may agree in its sole discretion) or (b) in the case of an ABR Borrowing, not later than 12:00 noon2:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing prior to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: information (other than, in the case of clause (vii) below, the Borrowing Request pertaining to Borrowings on the Effective Date): (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); of such Borrowing; (ii) the aggregate amount of such Borrowing; ; (iii) the date of such Borrowing, which shall be a Business Day; ; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; ; (v) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; ; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or; (vii) that, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance after the reimbursement of an LC Disbursement as provided in Section 2.05(f)Effective Date, the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a), Section 4.02(b) and 4.02(bSection 4.02(d) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Senior Secured Credit Agreement (GoHealth, Inc.)

Requests for Borrowings. Each Borrowing To request a Revolving Borrowing, a Borrower shall be made upon notify the Borrower’s irrevocable notice to the Administrative Applicable Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency BorrowingBorrowing denominated in US Dollars, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowinga Eurocurrency Borrowing denominated in Euro or Sterling, not later than 12:00 noon11:00 a.m., New York City London time, one three Business Day Days before the date of the proposed Borrowing; provided that any such notice , or (c) in the case of an ABR Revolving Borrowing to finance made after the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given Effective Date, not later than 10:00 11:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Applicable Agent of a written Borrowing Request in a form approved by the Applicable Agent and signed by the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) the Borrower requesting such Borrowing (or on whose behalf the Company is requesting such Borrowing); (ii) whether the requested Borrowing is to be a US Tranche Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)European Tranche Revolving Borrowing; (iiiii) the currency and aggregate amount of such Borrowing; (iiiiv) the date of such Borrowing, which shall be a Business Day; (ivv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vvi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vivii) the location and number of the applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.04. If no currency is specified with respect to any requested Eurocurrency Borrowing, orthen the applicable Borrower shall be deemed to have selected (i) in the case of the Company, US Dollars and (ii) in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f)Subsidiary, the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedSterling. If no election as to the Type of Revolving Borrowing is specified as to any Borrowingspecified, then the requested Revolving Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing and (B) in the case of a Borrowing denominated in Euro or Sterling, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Applicable Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Three Year Credit Agreement (Sungard Data Systems Inc)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by submitting a written Borrowing Request, Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or one (1) Business Day before the date of the proposed Borrowing in the case of any such Borrowing made on the Effective Date) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.06(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be signed by a Responsible Officer of the Borrower. Each such Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the aggregate principal amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing and whether such Borrowing is a Revolving Borrowing or a Term Loan Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied2.07. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Eagle Pharmaceuticals, Inc.)

Requests for Borrowings. Each Borrowing To request a Revolving Facility Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by delivering a written Borrowing Request, Request signed by the Borrower (which may be delivered electronically) (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (b) in the case of an ABR Borrowing, not later than 12:00 noon10:00 a.m. New York City time, on the Business Day of the proposed Borrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that, (i) to request a Eurocurrency or ABR Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such request in writing (which may be delivered electronically) not later than 5:00 p.m., New York City time, one Business Day before prior to the date of Closing Date (or such later time as the proposed Borrowing; provided that Administrative Agent may agree), (ii) any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and (iii) any such notice of a Borrowing of any Incremental Revolving Loan may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Initial Revolving Loans or Other Revolving Loans (and specifying a particular Class (specifying the Class thereofof such Other Revolving Loans), as applicable; (ii) the aggregate amount and currency of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with . If no election as to the requirements of Section 2.06, or, in the case currency of any ABR Revolving Facility Borrowing or Swingline Loan is made, then the requested to finance the reimbursement of an LC Disbursement as provided Borrowing shall be made in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing denominated in Dollars is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Apollo Global Management LLC)

Requests for Borrowings. Each To request a Revolving Loan Borrowing or Term Loan Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (aa)(x) in the case of a Eurocurrency Borrowing or Term Benchmark Borrowing, not later than 12:00 noon2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any EurocurrencyTerm Benchmark Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not no later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be delivered by hand delivery, facsimile or other electronic transmission to the Administrative Agent and shall be signed by the Borrower. Each such Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Term B-2 Loan Borrowing, a Term B-3 Loan Borrowing, a Term B-4 Loan Borrowing, a Revolving Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or, a Eurocurrency Borrowing or a Eurocurrency Term Benchmark Borrowing; (v) in the case of a Eurocurrency Borrowing or Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, 2.06 or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement,; and (vii) that except on the Effective Date and with respect to the initial Borrowings, that, as of the date of such Borrowing, the conditions set forth in Sections Section 4.02(a) and Section 4.02(b) are satisfied. Notwithstanding anything to the contrary in this Agreement or any other Loan Document, any Revolving Borrowing Request prior to the Initial Revolving Maturity Date (a) shall be deemed to be a request that such Revolving Borrowing shall consist of Initial Revolving Loans and 2022 Revolving Loans on a pro rata basis, and (b) for the avoidance of doubt, to the extent the applicable Borrowing is not an ABR Borrowing, shall specify the same Interest Period in respect of all Loans comprising such Borrowing, which shall be a period contemplated by the definition of the term “Interest Period”. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or Term Benchmark Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Sinclair Broadcast Group Inc)

Requests for Borrowings. Each To request a Revolving Borrowing or Term Borrowing, the Borrower shall be made upon notify the Borrower’s irrevocable notice to the First Lien Administrative Agent of such request in the form of a written Borrowing Request, writing (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Effective Date, one (1) Business Day) or (b) in the case of an ABR Borrowing, not later than 12:00 noon10:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such written Borrowing Request shall be irrevocablesigned by the Borrower substantially in the form of Exhibit T and shall be irrevocable and shall be delivered by hand delivery, facsimile or other electronic transmission to the First Lien Administrative Agent. Each such written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such BorrowingBorrowing (which, in the case of any Borrowing of Delayed Draw Term Loans, shall be in an minimum amount of $5,000,000); (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that (x) with respect to Delayed Draw Term Loans, the conditions set forth in Section 4.03 are satisfied and (y) with respect to any other Borrowing after the Effective Date, as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the First Lien Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: First Lien Credit Agreement (Brigham Minerals, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noonp.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or, in the case of any Eurodollar Borrowing to be made on the Restatement Date, such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noonp.m., New York City timeLocal Time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile (or by such other electronic transmission as the Administrative Agent agrees, including in “.pdf”) to the Administrative Agent of an executed written Borrowing Request. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrower requesting such Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account of the Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, disbursed or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (PetroLogistics LP)

Requests for Borrowings. Each To request a Revolving ----------------------- Borrowing or Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to -------- finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Delayed Draw I Borrowing, Delayed Draw II Borrowing or a Borrowing of any other Class (specifying the Class thereof)Deferred Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term "Interest Period”;"; and (vi) the location and number of the Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Advance Stores Co Inc)

Requests for Borrowings. Each To request a Revolving Loan Borrowing or Term Loan Borrowing, the Borrower shall be made upon notify the Borrower’s irrevocable notice to the Administrative Applicable Agent in the form of a written Borrowing Request, such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing (or, in the case of any Eurocurrency Borrowing to be made on the Effective Date, such shorter period of time as may be agreed to by the Applicable Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one on the Business Day before the date of the such proposed Borrowing; provided that any such notice of an such ABR Revolving Loan Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m.1:00 p.m., New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall, only in the case of Revolving Loan Borrowings, be irrevocable and shall be irrevocableconfirmed promptly by hand delivery, email of a “pdf” or facsimile to the Applicable Agent of a written Borrowing Request signed by the Borrower. Each such telephonic and written Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Borrowing of Revolving BorrowingLoans, a Borrowing of Term Borrowing Loans or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Applicable Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Weight Watchers International Inc)

Requests for Borrowings. Each Borrowing To request a Revolving Facility Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by delivering a written Borrowing Request, Request signed by the Borrower (which may be delivered electronically) (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (b) in the case of an ABR Borrowing, not later than 12:00 noon10:00 a.m. New York City time, on the Business Day of the proposed Borrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that, (i) to request a Eurocurrency or ABR Borrowing on the Closing Date, the Borrower shall notify the Administrative Agent of such request in writing (which may be delivered electronically) not later than 5:00 p.m., New York City time, one Business Day before prior to the date of Closing Date (or such later time as the proposed Borrowing; provided that Administrative Agent may agree), (ii) any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and (iii) any such notice of a Borrowing of any Incremental Revolving Loan may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Initial Revolving Loans or Other Revolving Loans (and specifying a particular Class (specifying the Class thereofof such Other Revolving Loans), as applicable; (ii) the aggregate amount and currency of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with . If no election as to the requirements of Section 2.06, or, in the case currency of any ABR Revolving Facility Borrowing or Swingline Loan is made, then the requested to finance the reimbursement of an LC Disbursement as provided Borrowing shall be made in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing denominated in Dollars is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.. 017670-0129-Active.26122382.14

Appears in 1 contract

Sources: Credit Agreement (Apollo Global Management, Inc.)

Requests for Borrowings. Each Borrowing shall be made upon the Borrower’s irrevocable notice to the Administrative Agent in the form of a written Borrowing Request, (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, New York City time, three U.S. Government Securities Business Days before the date of the proposed Borrowing (or, solely in the case of a Borrowing Request for Term Loans (but not an Interest Election Request), such later date and time as is acceptable to the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocable. Each Borrowing Request shall specify the following information: : (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); ; (ii) the aggregate amount of such Borrowing; ; (iii) the date of such Borrowing, which shall be a Business Day; ; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; ; -62- (v) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; ; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) in the case of the Borrowings on the Closing Date, that as of the Closing Date, the conditions set forth in Section 4.01 will be satisfied; and (viii) in the case of a Borrowing after the Closing Date, that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b4.02 (b) are will be satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Virtus Investment Partners, Inc.)

Requests for Borrowings. Each To request a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of a written Borrowing Request, such request electronically (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, New York City timeLocal Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City timeLocal Time, one on the Business Day before the date of the proposed BorrowingBorrowing (or, in each case, such shorter period as the Administrative Agent may agree); provided that provided, that, (x) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an LC L/C Disbursement as contemplated by Section 2.05(f2.05(e) may be given not later than 10:00 a.m.12:00 noon, New York City timeLocal Time, on the date of the proposed BorrowingBorrowing and (y) any such notice of an Incremental Revolving Borrowing or Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such written Borrowing Request shall be irrevocableirrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Transactions, or in the case of notice given in respect of Incremental Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement). Each such written Borrowing Request shall specify the following informationinformation in compliance with Section 2.02: (i) whether the requested such Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class Term B Loans, Revolving Facility Loans, Refinancing Term Loans (specifying the Class thereofincluding 20232024 Refinancing Term B Loans), 2023 Additional Term B Loans, Other Term Loans, Other Revolving Loans, Extended Term Loans, Extended Revolving Loans or Replacement Revolving Loans as applicable; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (v) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) in the case of a SOFR Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars); and (vii) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with . If no election as to the requirements of Section 2.06, or, in the case currency of any ABR Revolving Facility Borrowing or Swingline Loan is made, then the requested to finance the reimbursement of an LC Disbursement as provided Borrowing shall be made in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedDollars. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such LenderL▇▇▇▇▇’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Dave & Buster's Entertainment, Inc.)

Requests for Borrowings. Each Borrowing To request a Borrowing, a Borrower (or Borrower Agent on behalf of such Borrower) shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request either in the form writing by delivery of a written Borrowing Request, Request (by hand or facsimile) signed by such Borrower (or Borrower Agent on behalf of such Borrower) or by telephone (a) in the case of a Eurocurrency LIBO Rate Borrowing, not later than 12:00 noon, New York City time, three (3) Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, two (2) Business Days) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that Borrowing (including any such notice of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given 2.06(e)), not later than 10:00 a.m.12:00 noon, New York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocableirrevocable and shall be confirmed promptly by hand delivery or facsimile to the Administrative Agent of a written Borrowing Request signed by such Borrower (or Borrower Agent on behalf of such Borrower). Each such telephonic and written Borrowing Request shall specify the following informationinformation in compliance with Section 2.01: (i) whether the aggregate amount of the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iviii) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency LIBO Rate Borrowing; (viv) in the case of a Eurocurrency LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (viv) the location and number of the Borrower’s Borrowers’ account or any other designated account(s) to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBO Rate Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Abl Credit Agreement (Amscan Holdings Inc)

Requests for Borrowings. Each Borrowing To request a Borrowing, Borrowers shall be made upon the Borrower’s irrevocable notice to the notify Administrative Agent of such request in the form of a written Borrowing Requestwriting, which request must be received by Administrative Agent (ai) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., New York City time, three Business Days before the date of the proposed Borrowing Borrowing, or (bii) in the case of an ABR Borrowinga Base Rate Borrowing in Dollars, not later than 12:00 noon3:00 p.m., New York City time, one Business Day before the date of the proposed Borrowing; provided that any such notice or (iii) in the case of an ABR Revolving Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given a S▇▇▇▇ Borrowing, not later than 10:00 11:00 a.m., New York City time, on three Business Days before the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be in the form of Exhibit 2.3 and signed by Borrowers. Each Borrowing Request shall specify the following information: (ia) whether the requested such Borrowing is to be a Revolving Base Rate Borrowing, a Term S▇▇▇▇ Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Eurodollar Borrowing; (iiib) the aggregate principal amount of the requested Borrowing; (c) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vd) in the case of a Eurocurrency Eurodollar Borrowing, whether the requested Borrowing is to be denominated in Dollars, or Euros or Sterling; (e) in the case of a Eurodollar Borrowing, the initial Interest Period to be applicable theretothereto (including specifying the duration of such Interest Period and the last day of such Interest Period), which shall be a period contemplated by the definition of the term “Interest Period”; (via) in the case of a S▇▇▇▇ Borrowing, whether the Interest Payment Date will be one month or three months after the date of Borrowing of such Loan; and (f) the location and number of the a Borrower’s account accounts or, in connection with the initial Borrowings on the Effective Date, Person to which funds are to be disbursed, which shall comply with the requirements of Section 2.062.6. If no election as to the currency of Borrowing is specified, or, then the requested Borrowing shall be denominated in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfiedEuros. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be a Base Rate Borrowing, if denominated in Dollars, or a Eurodollar Borrowing, if denominated in an ABR BorrowingOffshore CurrencyEuros. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration. If no Interest Payment Date is specified with respect to any requested S▇▇▇▇ Borrowing, then Borrowers shall be deemed to have selected an Interest Payment Date one month after the date of such Borrowing. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (WestRock Co)

Requests for Borrowings. Each Borrowing To request a Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent of such request either in writing by delivery of an irrevocable Borrowing Request (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) signed by a Responsible Officer of the form of a written Borrowing Request, Borrower (a) in the case of a Eurocurrency LIBO Rate Borrowing, not later than 12:00 noon, New York City time, three Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, not later than 11:00 a.m., New York City time, one Business Day) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing (or, in the case of an ABR Borrowing to be made on the Closing Date, not later than 12:00 noon, New York City time, one Business Day before the date of the proposed Borrowing; provided that any ) (or, in each case, such notice of an ABR Revolving Borrowing later time as shall be acceptable to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed BorrowingAdministrative Agent). Each such Borrowing Request shall be irrevocable. Each written Borrowing Request shall specify the following informationinformation in compliance with Section 2.01: (i) whether the requested Borrowing is to be a Revolving Borrowing, a Term Borrowing or a Borrowing of any other Class (specifying the Class thereof)of such Borrowing; (ii) the aggregate amount of such the requested Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency LIBO Rate Borrowing; (v) in the case of a Eurocurrency LIBO Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”;; and (vi) the location and number of the Borrower’s account or any other designated account(s) to which funds are to be disbursed, which shall comply with disbursed (the requirements of Section 2.06, or, in the case of any ABR Revolving Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f“Funding Account”), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowingspecified, then the requested Borrowing shall be a LIBO Rate Borrowing with an ABR BorrowingInterest Period of one month. If no Interest Period is specified with respect to any requested Eurocurrency LIBO Rate Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Second Lien Credit Agreement (Post Holdings, Inc.)

Requests for Borrowings. Each To request a Revolving Loan Borrowing or Term Loan Borrowing, the Borrower shall be made upon the Borrower’s irrevocable notice to notify the Administrative Agent in the form of such request by delivering a written Borrowing Request, . Each such notice must be received by the Administrative Agent (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon10:00 p.m., New York City time, three (3) Business Days before the date of the proposed Borrowing (or such shorter period of time as may be agreed to by the Administrative Agent) or (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing prior to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(f) may be given not later than 10:00 a.m., New York City time, on the date of the proposed Borrowing. Each such Borrowing Request shall be irrevocableirrevocable and shall be delivered by hand delivery, facsimile or other electronic transmission to the Administrative Agent. Each such Borrowing Request shall specify the following information: (i) whether the requested Borrowing is to be a Revolving Loan Borrowing, a Term Loan Borrowing or a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the date of such Borrowing, which shall be a Business Day; (iv) whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Interest Period”; (vi) the location and number of the Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06, or, in the case of any ABR Revolving Loan Borrowing or Swingline Loan requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that except on the Effective Date, that, as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) ), to the extent applicable, are satisfied. If no election as to the Type of Borrowing is specified as to any Borrowing, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the applicable Class of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Pathfinder Acquisition Corp)