Common use of Requests for Borrowings Clause in Contracts

Requests for Borrowings. To request any Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local 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, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 5 contracts

Sources: Amendment Agreement (Celanese Corp), Credit Agreement (Celanese CORP), Amendment Agreement (Celanese CORP)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in a written Borrowing Request signed by the Borrower (delivered by hand or telecopy) or by telephone (in the case of a Borrowing denominated in dollars) or through any Electronic System, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, three (3) Business Days (in the case of a Eurocurrency Borrowing denominated in dollars) or four (4) Business Days (in the case of a Eurocurrency Borrowing denominated in a Foreign Currency other than Mexican Pesos) or five (5) Business Days (in the case of a Eurocurrency Borrowing denominated in Mexican Pesos), in each case before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 9:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy a communication through any Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borrower requesting such Class of the Borrowing and the aggregate principal amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.07, and a breakdown of the separate wires comprising such Borrowing. If no election as to the Agreed Currency of any Borrowing is specified, then the requested Borrowing shall be denominated in dollars. If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in dollars, the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 5 contracts

Sources: Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc), Credit Agreement (Papa Johns International Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, Local TimeNew York City time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing (other than a Swing Line Borrowing), not later than 12:00 noon, Local TimeNew York City time, one Business Day before the date of the proposed Borrowing; provided any Borrowing (except that with respect to the Tranche B Term Loans, Tranche B-1 Term Loans and (if any) Revolving Loans requested to be made on the Fourth Restatement Effective Date, the Borrower may make such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given request for such Loans not later than 11:00 a.m.12:00 noon, Local TimeNew York City time, on the date of the proposed Borrowingsuch date). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly (but in no event later than the day on which such telephonic request was made) 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Term Borrowing; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and (viivi) 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 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing (other than a Swing Line Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing). If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc), Credit Agreement (Sinclair Broadcast Group Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) (i) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurocurrency Borrowing or a LIBOR Market Rate Borrowing, not later than 11:00 a.m., Local Time, three (3) Business Days (in the case of a Eurocurrency Borrowing or LIBOR Market Rate Borrowing denominated in Dollars to the Company), (ii) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by the applicable Borrower, or the Company on behalf of the applicable Borrower, promptly followed by telephonic confirmation of such request) in the case of a BA Equivalent Borrowing, not later than 12:00 noon, New York City time, three (3) Business Days (in the case of a BA Equivalent Borrowing to a Canadian Borrower) or (iii) by irrevocable written notice (via a written Borrowing Request in a form approved by the Administrative Agent and signed by such Borrower, or the Company on its behalf) not later than 11:00 a.m., Local Time, three four (4) Business Days (in the case of a Eurocurrency Borrowing or LIBOR Market Rate Borrowing denominated in a Foreign Currency (other than Canadian Dollars) or a Eurocurrency Borrowing or LIBOR Market Rate Borrowing to a Foreign Subsidiary Borrower (other than a Canadian Borrower)), in each case before the date of the proposed Borrowing or Borrowing, (b) by telephone in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing or (c) by telephone in the case of a Canadian Base Rate Borrowing, not later than 8:00 a.m., New York City time, one (1) Business Day before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and the applicable Borrower; (ivii) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing, a LIBOR Market Rate Borrowing or a Eurocurrency Borrowing and whether such Borrowing is a Revolving Borrowing or an Additional Term Loan Borrowing and, if such Borrowing is a Revolving Borrowing, whether such Borrowing is to be a Dollar Tranche Revolving Borrowing or Multicurrency Tranche Revolving Borrowing (or, in the case of a Canadian Revolving Borrowing, a Canadian Base Rate Borrowing or a BA Equivalent Borrowing); (viiv) in the case of a Eurocurrency Borrowing or a LIBOR Market Rate 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 BA Equivalent Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viivi) 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then (i) in the case of a Revolving Borrowing denominated in Dollars to the Company, the requested Revolving Borrowing shall be an ABR BorrowingBorrowing under the Dollar Tranche and (ii) in the case of a Canadian Revolving Borrowing to a Canadian Borrower, unless such Borrowing is denominated in Euros, in which case such the requested Revolving Borrowing shall be a Eurocurrency Canadian Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Revolving Borrowing or BA Equivalent Revolving Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (LKQ Corp), Credit Agreement (LKQ Corp), Credit Agreement (LKQ Corp)

Requests for Borrowings. To request any funding of a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., Local TimeNew 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., Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Tranche A Term Borrowing or CL Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in subject to the case proviso to the fourth sentence of a Borrowing denominated in DollarsSection 2.02(c), 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 clause (a) of the definition of the term "Interest Period"; and (viivi) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 details thereof and of the amount of such Lender’s 's Loan to be made as part of the requested Borrowing.

Appears in 4 contracts

Sources: Credit Agreement (Donnelley R H Inc), Credit Agreement (Dex Media, Inc./New), Credit Agreement (Dex Media Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by (A) telephone or (B) other Borrowing Request; provided that any telephonic notice must be confirmed promptly by delivery to the Administrative Agent of a written Borrowing Request. Each notice, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local 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, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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: Second Lien Bridge Credit Agreement (Berry Global Group Inc), Second Lien Bridge Credit Agreement, Second Lien Bridge Credit Agreement (Berry Global Group Inc)

Requests for Borrowings. To request any Borrowinga Borrowing (other than a Swingline Loan), the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency LIBOR Borrowing, a EURIBOR Borrowing or a CDOR Borrowing, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic notice shall be given by telephone or telecopy. Each Borrowing Request shall be irrevocable and shall be in the form of (or, in the case of a telephonic Borrowing Request, confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a the form of) Exhibit B or any other form approved by the Administrative Agent and signed by the Borrower Representative, on behalf a Financial Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Tranche and Type of such Borrowing; (iii) the aggregate currency and the principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in DollarsLIBOR Borrowing, whether such Borrowing is to be an ABR a EURIBOR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency CDOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06(a). If no election as to the currency of the Borrowing is specified, then the requested Borrowing shall be denominated in US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in US Dollars, unless such a EURIBOR Borrowing is if denominated in Euros, a CDOR Borrowing if denominated in which case such Canadian Dollars or a LIBOR Borrowing shall be a Eurocurrency Borrowingif denominated in an Alternative Currency other than Euros or Canadian Dollars. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing, EURIBOR Borrowing or CDOR Borrowing, then the applicable requesting Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender under the applicable Tranche 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: Revolving Credit Facility Agreement (Albany International Corp /De/), Revolving Credit Facility Agreement (Albany International Corp /De/), Revolving Credit Facility Agreement (Albany International Corp /De/)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (as provided in Section 9.01) in writing by telephone providing a Borrowing Request in the form of Exhibit C-1 hereto (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local 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., Local 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 L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic written Borrowing Request shall be irrevocable and shall be confirmed promptly provided by hand delivery electronic mail or telecopy to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable BorrowerAgent. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Term Borrowing or Revolving Facility Borrowing is specifiedspecified (as applicable), then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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. To request any Borrowinga Borrowing (other than a Swingline Loan), the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount and currency of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) 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 Borrowing 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. If no election as to the Type of a Borrowing denominated in Dollars is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 details thereof and of the amount and currency of such Lender’s Loan to be made as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Blackstone Group L.P.), Credit Agreement (Blackstone Group L.P.), Credit Agreement (Blackstone Group L.P.)

Requests for Borrowings. To request any a Revolving Loan Borrowing or Term Loan Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Borrowers shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, Local Time, 11:00 a.m. 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, Local Time, 11:00 a.m. one Business Day before the date of the proposed Borrowing; provided that for any such notice of an ABR Revolving Borrowing Eurodollar Borrowings to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, made on the date Effective Date, the Borrowers shall have provided prior to or concurrently with their telephonic Borrowing Request an indemnification letter for the benefit of the proposed BorrowingAdministrative Agent and the Lenders for any costs incurred as set forth in Section 2.13 hereof, in form and substance satisfactory to the Administrative Agent. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy e-mail to the Administrative Agent of a written Borrowing Request substantially in a the form approved by the Administrative Agent of Exhibit I and signed by the Borrower Representative, on behalf of the applicable BorrowerBorrowers. Each such telephonic Borrowing Request and written Borrowing Request shall specify the following information in compliance with Section 2.022.2: (i) the Borrower requesting aggregate amount of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viiv) whether such Borrowing is a Revolving Loan Borrowing or Term Loan Borrowing; and (v) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of any Revolving Loan Borrowing is specified, then the requested Borrowing shall be an ABR Borrowinga Eurodollar Borrowing with a one-month Interest Period, unless provided that (A) no Default or Event of Default shall have occurred and be continuing and (B) such Borrowing is denominated in EurosInterest Period shall not extend beyond the Maturity Date, in which case otherwise such Revolving Loan Borrowing shall be a Eurocurrency an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of three months’ 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 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 (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC), Credit Agreement (Oaktree Capital Group, LLC)

Requests for Borrowings. To request any Borrowinga Borrowing of a Type available hereunder, the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing or a CDOR Borrowing, not later than 12:00 noon2:00 p.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of a Canadian Base Rate Borrowing, not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing and, (c) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m.2:00 p.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information 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 Revolving Facility US Tranche Borrowing, Term a Canadian Tranche Borrowing or CL a Euro Tranche Borrowing; (iii) the currency and aggregate principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iv) the date of such the requested Borrowing, which shall be a Business Day; (v) in the case Type of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency the requested Borrowing; (vi) in the case of a Eurocurrency Borrowing or a CDOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06. If no currency is specified with respect to any requested Eurocurrency Borrowing, then the relevant Borrower shall be deemed to have selected (i) in the case of a US Tranche Borrowing, US Dollars, (ii) in the case of a Canadian Tranche Borrowing, Canadian Dollars, and (iii) in the case of a Euro Tranche Borrowing, Euros. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, unless such (ii) in the case of a Borrowing is denominated in EurosCanadian Dollars, a Canadian Base Rate Borrowing, and (iii) in which the case such of a Borrowing shall be denominated in Euro, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or CDOR Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. 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 requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made by such Lender as part of the requested Borrowing.

Appears in 3 contracts

Sources: Credit Agreement (Automatic Data Processing Inc), Credit Agreement (Automatic Data Processing Inc), Credit Agreement (Automatic Data Processing Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone or other communication in writing acceptable to the Administrative Agent (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, Local TimeDenver, Colorado time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing (or in the case of a SOFR Borrowing on the Effective Date, not later than 12:00 noon, Denver, Colorado time, one (1) U.S. Government Securities Business Day before the Effective Date) or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local TimeDenver, Colorado time, one (1) Business Day before the date of the proposed Borrowing; provided any that no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by provided in Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing2.08(e). Each such telephonic Borrowing Request shall be irrevocable and each telephonic Borrowing Request shall be confirmed promptly by hand delivery or telecopy fax to the Administrative Agent (or other communication in writing acceptable to the Administrative Agent) of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency SOFR Borrowing; (viiv) in the case of a Eurocurrency SOFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of 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 (viivi) 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 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ one (1) 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 total Commitments (i.e., the least of (x) the Aggregate Maximum Credit Amounts, (y) the then effective Borrowing Base and (z) the then effective Aggregate Elected Commitment Amounts). Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender 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 (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.), Credit Agreement (Vitesse Energy, Inc.)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify provide written notice (including by email) to the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, Local Time, three (3) Business Days (or, with respect to any Borrowing on the Closing Date, not later than 12:00 noon, Local Time, one (1) Business Day before the date of the proposed Borrowing or such shorter time as the Administrative Agent may agree) before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local 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 L/C LC Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, Time on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to in the Administrative Agent form of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (iia) whether the requested Borrowing is to be a Revolving Facility Borrowing, or a Term Borrowing or CL (and, as applicable, the Class of such Borrowing); (iiib) the identity of the applicable Borrower and the aggregate amount of such Borrowing, subject to the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)limitations set forth herein; (ivc) the date of such Borrowing, which shall be a Business Day; (vd) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (vie) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viif) 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. If no election as to the Type of a Borrowing by the Parent Borrower is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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: Master Amendment (Krispy Kreme, Inc.), Credit Agreement (Krispy Kreme, Inc.), Credit Agreement (Krispy Kreme, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Company shall notify the Administrative Agent of such request in the form of a Borrowing Request signed by telephone the Company not later than 11:00 a.m., New York City time, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local TimeBorrowing denominated in U.S. Dollars, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, three Business Days before the date of the proposed Borrowing, or (bc) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrowerirrevocable. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and; (viiv) the location and number of the applicable BorrowerCompany’s account to which funds are to be disbursed. If no election as to , which shall comply with the Type requirements of Borrowing is specified, then Section 2.06; and (vi) in the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be of a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency , the currency of such Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender 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 (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.), Credit Agreement (KKR & Co. L.P.)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term B Loan Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local 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, Local Time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowinga Borrowing of Term B Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in EurosDollars); (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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: Amendment Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Alpha Natural Resources, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than (aa)(i) in the case of a Eurocurrency Term Benchmark Borrowing, 12:00 p.m., New York time, three (3) U.S. Government Securities Business Days before the date of the proposed Borrowing or (ii) in the case of an RFR Borrowing, not later than 12:00 noonp.m. New York time, Local Time, three 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 noonp.m. New York time, Local 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing or an RFR Borrowing;; and (viiv) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 an RFR Loan bearing interest based on Daily Simple SOFR 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 2 contracts

Sources: Omnibus Amendment (Unisys Corp), Credit Agreement (Unisys Corp)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone or in writing (a) in the case of a Eurocurrency EurodollarTerm Benchmark Borrowing, not later than 12:00 noonp.m., Local TimeNew 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 noon1:00 p.m., Local TimeNew York City time, one Business Day before prior to the date of the proposed Borrowing; provided any such notice Borrowing or (c) in the case of an ABR Revolving a Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given a Swing Line Loan, not later than 11:00 a.m.12:00 p.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy (or other facsimile transmission) to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B-1 attached hereto and signed by the Borrower Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2 and Section 2.3: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (ivii) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency EurodollarTerm Benchmark Borrowing; (viiv) in the case of a Eurocurrency EurodollarTerm Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) the location and number of the applicable Borrower’s account or accounts of the Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.6, or, in the case of any Loan requested to finance the reimbursement of drawing under a Letter of Credit as provided in Section 2.4(d), the identity of the Issuing Bank that has honored such drawing. If no election as to the Type of Borrowing is specifiedspecified with respect to Revolving Loans, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency EurodollarTerm Benchmark Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 and Guaranty Agreement (DoorDash, Inc.), Revolving Credit and Guaranty Agreement (DoorDash, Inc.)

Requests for Borrowings. (a) To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (aa “Borrowing Notice”) (A) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local 11:00 a.m. (Central Time), three (3) Business Days before the date of the proposed Borrowing Borrowing, or (bB) in the case of an ABR Adjusted Base Rate Borrowing, not later than 12:00 noon, Local 11:00 a.m. (Central Time), one (1) Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request Notice shall be irrevocable and and, if requested by the Administrative Agent, shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request Notice in a substantially the form approved by of Exhibit J in the Administrative Agent and signed by the Borrower Representative, on behalf case of the applicable Borrowerany Borrowing. Each such telephonic and written Borrowing Request Notice shall specify the following information in compliance with Section 2.02: 2.7: (i) the Borrower requesting such Borrowing; ; (ii) whether the Type of the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; ; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; ; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause ; and (a) of the definition of the term “Interest Period”; and (viivi) 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 2.7. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Adjusted Base Rate 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 three months’ one month’s duration. Promptly following receipt of a Borrowing Request Notice in accordance with this Section, the Administrative Agent shall advise each relevant Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. The Borrower shall also deliver together with each Borrowing Notice the compliance certificate required in Section 5.2 and otherwise comply with the conditions set forth in Section 5.2 for Borrowings. Not later than 11:00 a.m. (Central Time) on each Borrowing Date, each Lender shall make available its Loan or Loans, in funds immediately available at the Administrative Office. Administrative Agent will promptly make the funds so received from the Lenders available to the Borrower in the account specified by the Borrower in the Disbursement Instruction Agreement. (b) Administrative Agent shall, as soon as practicable after receipt of a Borrowing Notice, determine the Adjusted LIBOR Rate applicable to the requested Eurocurrency Borrowing and inform the Borrower and Lenders of the same. Each determination of the Adjusted LIBOR Rate by Administrative Agent shall be conclusive and binding upon the Borrower in the absence of manifest error. (c) If the Borrower shall prepay a Eurocurrency Borrowing other than on the last day of the Interest Period applicable thereto, the Borrower shall be responsible to pay all amounts due to Lenders as required by Section 4.4 hereof. The Lenders shall not be obligated to match fund their Eurocurrency Borrowings. (d) The right of the Borrower to select the Adjusted LIBOR Rate and the Adjusted Base Rate for a Borrowing pursuant to this Agreement is subject to the availability to Lenders, as applicable, of a similar option. If Administrative Agent determines that (i) deposits of Dollars in an amount approximately equal to the Borrowing for which the Borrower wishes to select the Adjusted LIBOR Rate or Adjusted Base Rate are not generally available at such time in the London interbank eurodollar market, or (ii) the rate at which the deposits described in subsection (i) herein are being offered will not adequately and fairly reflect the costs to Lenders, as applicable, of maintaining an Adjusted LIBOR Rate or Adjusted Base Rate on a Borrowing or of funding the same in such market for such Interest Period, or (iii) reasonable means do not exist for determining an Adjusted LIBOR Rate or Adjusted Base Rate, or (iv) the Adjusted LIBOR Rate or Adjusted Base Rate would be in excess of the maximum interest rate which the Borrower may by law pay, then in any of such events, Administrative Agent shall so notify the Borrower and Lenders and notwithstanding anything herein to the contrary, such Borrowing shall bear interest at the Substitute Rate.

Appears in 2 contracts

Sources: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial Lp)

Requests for Borrowings. To request any funding of a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., Local TimeNew 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., Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Tranche A Term Borrowing or CL Tranche B Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in subject to the case proviso to the fourth sentence of a Borrowing denominated in DollarsSection 2.02(c), 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 clause (a) of the definition of the term “Interest Period”; and (viivi) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Dex Media East LLC), Credit Agreement (R H Donnelley Corp)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (as provided in Section 9.01) by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local Time, three 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., Local Time, one Business Day before the date of the proposed Borrowing, and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., Local Time, on the Business Day of the proposed Borrowing; provided that (i) any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed BorrowingBorrowing and (ii) any such notice of a borrowing under an Incremental Revolving Facility Commitment or an Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such telephonic Borrowing Request shall be irrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Business Combination or, in the case of notice given in respect of Incremental Term Loan Commitments or Incremental Revolving Facility Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement) and shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternate Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ durationone month’s duration (except in the case of the initial Interest Period of the 2019 Term Loans, which shall be determined in accordance with the definition of Interest Period). Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender 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 and Security Agreement (Exela Technologies, Inc.), First Lien Credit Agreement (Exela Technologies, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request not later than 12:00 p.m., New York City time, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Timethe Borrowing of Initial Term Loans and Tranche B Loans, three (3) Business Days before the date of the proposed Borrowing or Closing Date, (b) in the case of an ABR Borrowingthe Borrowing of Delayed Draw Term Loans, not later than 12:00 noon, Local Time, one seven (7) Business Day before Days the date of the proposed Borrowing; provided any such notice Borrowing and, (c) in the case of an ABR Revolving the Borrowing to finance of Tranche C Loans, three (3) Business Days before the reimbursement Amendment No. 3 Effective Date, (d) in the case of an L/C Disbursement as contemplated by Section 2.05(ethe Borrowing of Amendment No. 4 Term Loans, three (3) may be given not later than 11:00 a.m.Business Days before the Amendment No. 4 Effective Date and (e) in the case of the Borrowing of Amendment No. 4 Delayed Draw Term Loans, Local Time, on seven (7) Business Days the date of the proposed Borrowing. Each such telephonic Such Borrowing Request shall be irrevocable 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 Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Such Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars including whether such Loans are Initial Term Loans, Tranche B Loans, Delayed Draw Term Loans or, if permitted to be borrowed in EurosTranche C Loans, in EurosAmendment No. 4 Term Loans or Amendment No. 4 Delayed Draw Term Loans), which shall comply with the requirements of Section 2.02(b); (ivii) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiiii) the location and number of the applicable Borrower’s account to which funds the proceeds of such Borrowing are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ duration. Promptly following receipt of a such Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. Not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such ▇▇▇▇▇▇ on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent. For the avoidance of doubt, the Administrative Agent shall not be required to make the amount of any Loans available to the Borrower on the occasion of any Borrowing unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, an aggregate amount of immediately available funds equal to the Loans requested by the Borrower to be funded hereunder pursuant to such Borrowing.

Appears in 2 contracts

Sources: Senior Secured Credit Agreement (Phoenix Energy One, LLC), Limited Waiver and Amendment No. 4 to Amended and Restated Senior Secured Credit Agreement (Phoenix Energy One, LLC)

Requests for Borrowings. To Except in the case of an Ancillary Replacement Borrowing (which shall be governed by Section 2.22(e)), to request any a Revolving Borrowing or Term Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., Local 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., Local 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 L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing Request in a form approved by the Administrative Applicable Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Global Revolving Facility Borrowing, U.S. Revolving Facility Borrowing, Tranche A Term Borrowing, Tranche B-1 Term Borrowing or CL Tranche B-2 Term Borrowing; (iii) in the case of a Global Revolving Facility Borrowing requested by a Foreign Subsidiary Borrower, the Foreign Currency in which such Borrowing is to be denominated; (iv) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Eurosor the applicable Foreign Currency); (ivv) the date of such Borrowing, which shall be a Business Day; (vvi) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vivii) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term "Interest Period"; and (viiviii) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing, unless such Global Revolving Facility Borrowing (i) is denominated in Eurosa Foreign Currency and (ii) is being requested by a Foreign Subsidiary Borrower, in which case such Global Revolving Facility Borrowing shall be 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 three months’ 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 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 (TRW Automotive Inc), Credit Agreement (TRW Automotive Inc)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., Local 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, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable (provided that the Borrowing Request in respect of the initial Borrowings on the Effective Date, or in connection with any acquisition or other investment permitted under Section 6.04, may be conditioned on the closing of the Spin-Off or such acquisition or other investment, as applicable) and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf a Financial Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information (to the extent applicable, in compliance with Section Sections 2.01 and 2.02:): (i) the Borrower requesting such Class of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL currency and the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and; (viivi) 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(a), or, if the Borrowing is being requested to finance the reimbursement of an LC Disbursement in accordance with Section 2.05(e), the identity of the Issuing Bank that made such LC Disbursement; and (vii) that as of such date Sections 4.02(a) and 4.02(b) are satisfied. If no election as to the Type of Borrowing is specified, then then, if the specified currency of such Borrowing is (a) dollars, the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in and (b) Euros, in which case such the requested Borrowing shall be 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 three months’ one month’s duration. If no currency is specified with respect to any requested Revolving Loan, the Borrower shall be deemed to have selected 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 2 contracts

Sources: Credit Agreement (Arconic Inc.), Credit Agreement (Arconic Rolled Products Corp)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local 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, Local 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 L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans, Other Revolving Loans, Term Borrowing B Loans or CL BorrowingOther Term Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Verso Paper Holdings LLC), Credit Agreement (Verso Sartell LLC)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request either in writing (delivered by hand, facsimile or emailed in pdf format) in a form approved by the Administrative Agent and signed by the Borrower Representative or by telephone not later than (a) in the case of a Eurocurrency CDOR Borrowing, not later than 12:00 noon11:00 a.m., Local Time, four (4) Business Days before the date of the proposed Borrowing, (b) in the case of a LIBOR Borrowing or EURIBOR Borrowing, 11:00 a.m., Local Time, three (3) Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing (other than a Swingline Borrowing), not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local 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 time, on the date of such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy emailed in pdf format to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingname of the applicable Borrower(s); (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the currency and aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (iv) the Type of such Borrowing; and (v) in the case of a Borrowing denominated in DollarsLIBOR Borrowing, whether such Borrowing is to be an ABR CDOR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency EURIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number .” Any Borrowing Request that shall fail to specify any of the applicable Borrower’s account to which funds are to information required by the preceding provisions of this paragraph may be disbursed. If no election as rejected by the Administrative Agent if such failure is not corrected promptly after the Administrative Agent shall give written or telephonic notice thereof to the Type Borrower Representative and, if so rejected, will be of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ durationforce or effect. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender 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 (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone telephone, facsimile or e-mail (a) in the case of a Eurocurrency LIBOR Borrowing, not later than 12:00 noonp.m., Local TimeEastern 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., Local TimeEastern time, one Business Day before on the date of the proposed Borrowing; provided any that no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by provided in Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing2.07(d). Each such telephonic Borrowing Request shall be irrevocable and and, in the case of a telephonic Borrowing request, shall be confirmed promptly by hand delivery delivery, facsimile or telecopy e-mail to the Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; currency (iiwhether in US Dollars or Euros) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the and aggregate amount of the requested Borrowing (expressed in Dollars orand, if permitted with respect to the Borrowing Request regarding Borrowings to be borrowed in Eurosmade on the Initial Availability Date, in Eurosthe amount of the requested Term Loan Borrowing and the amount of the requested Revolving Borrowing); (ivii) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a Eurocurrency EURIBOR Borrowing; (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.05. If no currency is specified with respect to any requested Borrowing, then the Borrower shall be deemed to have selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, unless such Borrowing is and (B) in the case of Borrowing denominated in Euros, in which case such Borrowing shall be a Eurocurrency EURIBOR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing or EURIBOR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, (x) three Business Days before the date of the any proposed Borrowing denominated in Dollars and (y) four Business Days before the date of any proposed Borrowing denominated in an Alternative Currency or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans, Incremental Term Borrowing Loans or CL BorrowingOther Revolving Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be (y) an ABR Borrowing, unless such Borrowing is in the case of Loans denominated in EurosDollars, in which case such Borrowing shall be and (z) a Eurocurrency BorrowingBorrowing with an Interest Period of one month’s duration in the case of Revolving Facility Loans denominated in an Alternative Currency. 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 three months’ 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 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 (Aeroways, LLC), Credit Agreement (Cke Restaurants Inc)

Requests for Borrowings. To request any a Revolving Borrowing and/or a Term Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (as provided in Section 9.01 and, unless otherwise agreed upon by the Administrative Agent, in Schedule 2.03 to the November 2006 Credit Agreement) by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing or Base Rate Borrowing, not later than 12:00 noonp.m., Local Time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing or a Base Rate Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Class of such Borrowing; (iii) the currency and aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing, a Base Rate Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be (i) in the case of a Revolving Borrowing by the U.S. Borrower, an ABR Borrowing and (ii) in the case of any other Revolving Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Base Rate 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 three months’ 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 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: Incremental Assumption Agreement (Momentive Specialty Chemicals Inc.), Amendment Agreement (Hexion Specialty Chemicals, Inc.)

Requests for Borrowings. To request any a Borrowing, the Parent Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in writing (delivered by hand, fax or electronic mail) substantially in the form attached hereto as Exhibit C and signed by the Parent Borrower or by telephone or through Electronic System, (a) in the case of a Eurocurrency Term A Loan Borrowing, not later than 12:00 noon10:00 a.m., Local TimeEastern time, on the Effective Date, (b) in the case of a Delayed Draw Term Loan Borrowing, not later than 10:00 a.m., Eastern time, three Business Days before the date of the proposed Borrowing, (c) in the case of a Eurodollar Borrowing denominated in Dollars, not later than 10:00 a.m., Eastern time, three Business Days before the date of the proposed Borrowing, or (bd) in the case of an ABR Borrowing, not later than 12:00 noon, Local TimeEastern 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 a.m.noon, Local TimeEastern time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Parent Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borrower requesting Whether such Borrowing is to be a Revolving Loan Borrowing, a Term A Loan Borrowing or a Delayed Draw Term Loan Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Class of Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars orBorrowing, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Parent Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.)

Requests for Borrowings. To request a Revolving Borrowing or Term Borrowing (other than a Borrowing of Term Loans or Revolving Loans comprising the Escrow Funding, if applicable, which shall instead be subject to Section 2.24(a) and other than any BorrowingABR Revolving Borrowing that is deemed to be requested by the Borrower pursuant to Section 2.05(f), for which no separate Borrowing Request shall be required), the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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 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 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date day of the proposed Borrowing. Each such telephonic Borrowing Request shall be be, in the case of Revolving Borrowings only, irrevocable and shall be confirmed promptly by hand delivery, facsimile or other electronic delivery or telecopy to the Administrative Agent of a an executed written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable BorrowerRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be an Initial Term Borrowing, an Incremental Term Borrowing of a particular Series or a Revolving Facility Borrowing, Term Borrowing or CL ; (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disburseddisbursed or, in the case of any Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(f) (other than a deemed ABR Revolving Borrowing pursuant to Section 2.05(f)), the identity of the Issuing Bank that made such LC Disbursement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 (Costar Group Inc), Credit Agreement (Costar Group Inc)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the First Lien Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., Local Time▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ (▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ time in the case of any Eurodollar Revolving Borrowing in an Alternative Currency (other than Canadian Dollars)), 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 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the First Lien Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf substantially in the form of the applicable Borrower. Exhibit Q. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, a Term Borrowing or CL a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and; (viivi) the location and number of the applicable Borrower’s account or accounts to which funds are to be disbursed. If no election , 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 to provided in Section 2.05(f), the Type identity of Borrowing is specified, then the requested Borrowing shall be an ABR Issuing Bank that made such LC Disbursement; (vii) that as of the date of such Borrowing, unless such Borrowing is denominated the conditions set forth in Euros, in which case such Borrowing shall be 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 three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof Sections 4.02(a) and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.4.02

Appears in 2 contracts

Sources: Credit Agreement (Sotera Health Co), Credit Agreement (Sotera Health Topco, Inc.)

Requests for Borrowings. To request any Borrowinga Borrowing (other than a Swingline Loan, which is requested pursuant to Section 2.04), the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif”)) signed by the Borrower Representative or by telephone (a) in the case of a Eurocurrency LIBO Rate Borrowing, not later than 12:00 noon, Local Time1:00 p.m., three Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, two Business Days) before the date of the proposed Borrowing or (b) in the case of an ABR BorrowingBorrowing (including any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e)), not later than 12:00 noon, Local Time1:00 p.m., one Business Day before the date of the proposed Borrowing; provided any Borrowing (or, in each case, such notice of later time as shall be acceptable to the Administrative Agent). The Borrowers shall be deemed to have requested an ABR Revolving Borrowing (without being required to finance satisfy or being deemed to have satisfied the reimbursement of an L/C Disbursement as contemplated by conditions in Section 2.05(e4.02) may be given not later than 11:00 a.m., Local Time, on the date fifth Business Day following the making of any Swingline Loan, the proposed Borrowingproceeds of which shall be applied by the Administrative Agent to repay such Loans. Each such telephonic Borrowing Request shall be irrevocable and and, if telephonic, shall be confirmed promptly by hand delivery delivery, fax or telecopy other electronic transmission (including “.pdf” or “.tif”) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and; (viivi) the location and number of the applicable Borrower’s account or any other designated account(s) to which funds are to be disburseddisbursed (the “Funding Account”); and (vii) the Borrower or Borrowers for such Borrowing. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBO Rate Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of three months’ 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 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 (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Requests for Borrowings. To request any Borrowinga Borrowing (other than a Swingline Loan, which is requested pursuant to Section 2.04), the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request either in writing by delivery of a Borrowing Request (by hand delivery, fax or other electronic transmission (including “.pdf” or “.tif’)) signed by the Borrower Representative or by telephone (a) in the case of a Eurocurrency LIBO Rate Borrowing, not later than 12:00 noon, Local Time1:00 p.m., three Business Days (or, in the case of a LIBO Rate Borrowing to be made on the Closing Date, two Business Days) before the date of the proposed Borrowing or (b) in the case of an ABR BorrowingBorrowing (including any such notice of an ABR Borrowing to finance the reimbursement of an LC Disbursement as contemplated by Section 2.05(e)), not later than 12:00 noon, Local Time1:00 p.m., one Business Day before the date of the proposed Borrowing; provided any Borrowing (or, in each case, such notice of later time as shall be acceptable to the Administrative Agent). The Borrowers shall be deemed to have requested an ABR Revolving Borrowing (without being required to finance satisfy or being deemed to have satisfied the reimbursement of an L/C Disbursement as contemplated by conditions in Section 2.05(e4.02) may be given not later than 11:00 a.m., Local Time, on the date fifth Business Day following the making of any Swingline Loan, the proposed Borrowingproceeds of which shall be applied by the Administrative Agent to repay such Loans. Each such telephonic Borrowing Request shall be irrevocable and and, if telephonic, shall be confirmed promptly by hand delivery delivery, fax or telecopy other electronic transmission (including “.pdf or “.tif”) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and; (viivi) the location and number of the applicable Borrower’s account or any other designated account(s) to which funds are to be disburseddisbursed (the “Funding Account”); and (vii) the Borrower or Borrowers for such Borrowing. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBO Rate Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of three months’ 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 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 (Osmotica Pharmaceuticals PLC), Credit Agreement (Osmotica Pharmaceuticals LTD)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency BorrowingBorrowing in an Approved Currency, not later than 12:00 noonp.m., Local Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR BorrowingBorrowing denominated in Dollars, not later than 12:00 noonp.m., Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy fax or other electronic transmission to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans or Term Loans and, Term Borrowing or CL Borrowingif applicable, the relevant Class thereof; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of Revolving Facility Loans, the relevant Approved Currency in which such Revolving Facility Loans are to be denominated; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type or Approved Currency of a Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency BorrowingDollars. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected a Eurocurrency Borrowing with an Interest Period of three months’ 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 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 (Edwards Group LTD), Credit Agreement (Edwards Group LTD)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local 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 the Borrower) not later than 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 telephone in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, the requested Revolving Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Hill-Rom Holdings, Inc.), Credit Agreement (Parametric Technology Corp)

Requests for Borrowings. To request any a Borrowing, the Parent Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in writing (delivered by hand, fax or electronic mail) substantially in the form attached hereto as Exhibit C and signed by the Parent Borrower or by telephone or through Electronic System, (aa)(i) in the case of a Eurocurrency Term A Loan Borrowing, not later than 12:00 noon10:00 a.m., Local TimeEastern time, on the Effective Date, (b) in the case of a Delayed Draw Term LoanBenchmark Borrowing, not later than 10:00 a.m., Eastern time, three Business Days before the date of the proposed Borrowing Borrowing, or (bcii) in the case of a Eurodollaran RFR Borrowing denominated in Dollars, not later than 10:00 a.m., EasternChicago time, threefive (5) Business Days before the date of the proposed Borrowing, or (db) in the case of an ABR Borrowing, not later than 12:00 noon, Local TimeEastern 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 a.m.noon, Local TimeEastern time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Parent Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) Whether such Borrowing is to be a Revolving Loan Borrowing, a Term A Loan Borrowing or a Delayed Draw Term Loan Borrowing; (i) (ii) the Borrower requesting Class of Borrowing, the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, (iv) whether such Borrowing is to be an ABR Borrowing or, a EurodollarTerm Benchmark Borrowing or a Eurocurrency an RFR Borrowing; ; and (viiv) (v) in the case of a Eurocurrency EurodollarTerm Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency EurodollarTerm Benchmark Borrowing, then the applicable Parent Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Pattern Group Inc.), Credit Agreement (Pattern Group Inc.)

Requests for Borrowings. To request any a Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Applicable Agent by telephone confirmed promptly by hand delivery or telecopy to such Applicable Agent (with a copy to the Administrative Agent if such Applicable Agent shall be the Canadian Agent) of such request a written Borrowing Request in the form of Exhibit C or any other form approved by telephone the Administrative Agent and signed by a Financial Officer of the Company) (a) in the case of a Eurocurrency LIBOR Borrowing denominated in US Dollars, not later than 12:00 noon, Local Time, three Business Days before the date of the proposed Borrowing, (b) in the case of a LIBOR Borrowing denominated in Sterling or an Alternative Currency or a EURIBOR Borrowing, not later than 12:00 noon, Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, (bc) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing and (d) in the case of a Canadian Prime Rate Borrowing, not later than 12:00 noon, Local Time, the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Tranche under which such Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowingmade; (iii) the aggregate currency and the principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case Type of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) 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 clause (a) of the definition of the term “Interest Period”; and; (vii) the location Applicable Funding Account; and (viii) in the case of a Borrowing by a Borrowing Subsidiary that is not a US Borrowing Subsidiary, a UK Borrowing Subsidiary or a Canadian Borrowing Subsidiary, the jurisdiction from which payments of the principal and number 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 Applicable Agent if such failure is not corrected promptly after the Applicable Agent shall give written or telephonic notice thereof to the applicable Borrower’s account to which funds are to , and, if so rejected, will be disbursed. If of no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ durationforce or effect. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Applicable Agent shall advise each Lender that will make a Loan as part of the 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 2 contracts

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

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone in writing (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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., Local TimeNew York City time, one (1) Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf substantially in the form of the applicable Borrower. Exhibit S. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, a Term Borrowing or CL a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate principal amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and; (viivi) 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 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 specifiedspecified 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, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent Lender of such request by telephone or in writing (a) in the case of a Eurocurrency BorrowingLIBOR Loan, not later than 12:00 noon10:00 a.m., Local TimePacific Coast time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowinga Prime Loan, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, Pacific Coast time on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy other electronic communication to the Administrative Agent Lender of a written Borrowing Request in a form approved by the Administrative Agent and writing signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) whether such Borrowing is to be LIBOR Loan or a Prime Loan; (iv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency BorrowingLIBOR Loan, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and; (viiv) 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 2.07; (vi) a Borrowing Base certificate, which shall set forth (w) as of the date of the request, the Remaining Commitment of each Investor, (x) as of the date of the request, to the knowledge of Borrower, any Investor that is an Excluded Investor, and (y) as of the date of the request, a calculation of the Borrowing Base, and (z) a calculation indicating that following such Borrowing, the Revolving Credit Exposure shall not exceed the Available Amount (each such certificate shall be a “Borrowing Base Certificate”); and (vii) certification that such Borrowing is to be used for a purpose expressly permitted by this Agreement. If no election as to the Type of Borrowing Loan is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency BorrowingPrime Loan. If no Interest Period is specified with respect to any requested Eurocurrency BorrowingLIBOR Loan, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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, Revolving Credit Agreement (Oaktree Strategic Income II, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in writing (delivered by hand or fax) in the form attached hereto as Exhibit B and signed by the Borrower or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew York 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., Local TimeNew York 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 a.m., Local TimeNew York time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower; provided further that so long as JPM is the sole Lender, the Borrower Representative, on behalf of the applicable Borrowershall submit such Borrowing requests in a manner reasonably requested by JPM prior to any such Borrowing. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borrower requesting Class of Borrowing, the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing;; and (viiv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 relevant 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 (F45 Training Holdings Inc.), Credit Agreement (F45 Training Holdings Inc.)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (as provided in Section 9.01) by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local Time, three 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., Local Time, one Business Day before the date of the proposed Borrowing, and (c) in the case of an ABR Revolving Borrowing, not later than 11:00 a.m., Local Time, on the Business Day of the proposed Borrowing; provided that (i) any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed BorrowingBorrowing and (ii) any such notice of a borrowing under an Incremental Revolving Facility Commitment or an Incremental Term Borrowing may be given at such time as provided in the applicable Incremental Assumption Agreement. Each such telephonic Borrowing Request shall be irrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Business Combination or, in the case of notice given in respect of Incremental Term Loan Commitments or Incremental Revolving Facility Commitments, which may be conditioned as provided in the applicable Incremental Assumption Agreement) and shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternate Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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, First Amendment to First Lien Credit Agreement (Exela Technologies, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) by delivering a Borrowing Request signed by a Responsible Officer of the Borrower Representative or through Electronic System if arrangements for doing so have been approved by the Administrative Agent (or if an Extenuating Circumstance shall exist, by telephone) not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, Local TimePacific 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, Local TimePacific 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 9:00 a.m., Local TimePacific time, on the date of the such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and each such telephonic Borrowing Request, if permitted, shall be confirmed promptly immediately upon the cessation of the Extenuating Circumstance by hand delivery delivery, facsimile or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by a Responsible Officer of the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written (or if permitted, telephonic) Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingname of the applicable Borrower(s); (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of three months’ 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 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 (Cricut, Inc.), Credit Agreement (Cricut, Inc.)

Requests for Borrowings. To request any a Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar or CDOR Rate Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew York City time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of a Canadian Prime Rate Borrowing, not later than 11:00 a.m., New York City time, one Business Day before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingname of the applicable Borrower; (ii) whether the requested such Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowinga Borrowing of another Class; (iii) the aggregate amount of the requested currency in which such Borrowing (expressed in Dollars or, if permitted is to be borrowed denominated (which shall be a currency in Euros, in Euroswhich the requesting Borrower is entitled to make Borrowings under this Agreement); (iv) the aggregate amount (expressed in the currency in which such Borrowing is to be denominated) of the requested Borrowing; (v) the date of such Borrowing, which shall be a Business Day; (vvi) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing ABR, Canadian Prime Rate, Eurodollar or a Eurocurrency CDOR Rate Borrowing; (vivii) in the case of a Eurocurrency Eurodollar or CDOR Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiviii) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Loan denominated in US Dollars, an ABR Borrowing, unless such Borrowing is and (ii) in the case of a Loan denominated in EurosCanadian Dollars, in which case such Borrowing shall be a Eurocurrency Canadian Prime Rate Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar or CDOR Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Victoria's Secret & Co.), Revolving Credit Agreement (Victoria's Secret & Co.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency BorrowingBorrowing in dollars, not later than 12:00 noon11:00 a.m., Local TimeNew York City time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew York City time, one on the date of the proposed Borrowing, (c) in the case of a Eurocurrency Borrowing in Euros or a Euro Reference Rate Borrowing, not later than 11:00 a.m. London time, three Business Day Days before the date of the proposed Borrowing; provided any such notice Borrowing and (d) in the case of an ABR Revolving a Eurocurrency Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given in Canadian Dollars, not later than 11:00 a.m.a.m. London time, Local Time, on three Business Days before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a whether such Borrowing is to be denominated in DollarsEuros, Canadian Dollars or dollars (iv) if such Borrowing is to be denominated in dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing and if such Borrowing is to be denominated in Euros, whether such Borrowing is to be a Eurocurrency Borrowing or a Euro Reference Rate Borrowing; (v) if such Borrowing is to be denominated in dollars, whether such Borrowing is to be a Dollar Tranche Borrowing or a Multi-Currency Tranche Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term "Interest Period"; and (vii) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.04. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such in the case of a Borrowing is denominated in dollars and a Euro Reference Rate Borrowing, in the case of a Borrowing in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Claiborne Liz Inc), Credit Agreement (Claiborne Liz Inc)

Requests for Borrowings. To request any a Term Loan Borrowing or a Revolving Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Company shall notify the Administrative Agent of such request by telephone telecopy of a written Borrowing Request signed by the Company (a) or, in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, three Business Days before the date of the proposed Term Loan Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR a Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated denominated in U.S. Dollars, by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be telephone 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 RepresentativeCompany) (a) in the case of a Eurodollar Borrowing denominated in U.S. Dollars, not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurodollar Borrowing denominated in a Foreign Currency, not later than 11:00 a.m., Local Time, four (4) Business Days before the date of the proposed Borrowing, or (c) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on behalf the date of the applicable Borrowerproposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class and Type of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Eurodollar Borrowing, the Agreed Currency and initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) the location and number of the applicable BorrowerCompany’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no denomination is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be denominated in U.S. Dollars. If no election as to the Type of Borrowing is specified, then then, in the case of a Borrowing denominated in U.S. Dollars, the requested Borrowing shall be an ABR Borrowing, unless such and in the case of a Borrowing is denominated in Eurosa Foreign Currency, in which case such the requested Borrowing shall be a Eurocurrency Eurodollar Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Company shall be deemed to have selected an Interest Period of three months’ 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 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 (Haemonetics Corp), Credit Agreement (Haemonetics Corp)

Requests for Borrowings. To request any a Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Applicable Agent by telephone confirmed promptly by hand delivery or telecopy to such Applicable 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 Financial Officer of such request by telephone the Company (a) in the case of a Eurocurrency BorrowingLIBOR Borrowing denominated in US Dollars, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of a LIBOR Borrowing denominated in Sterling or a EURIBOR Borrowing, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing, (c) (i) in the case of an ABR BorrowingBorrowing under Tranche A, not later than 12:00 noon, Local Time, on the day of such proposed Borrowing and (ii) in the case of an ABR Borrowing under Tranche B or under Tranche C, not later than 12:00 noon, Local Time, on the day of such proposed Borrowing and (d) in the case of a Canadian Prime Rate Borrowing, not later than 1:30 pm, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Tranche under which such Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowingmade; (iii) the aggregate currency and the principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case Type of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) 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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number Applicable Funding Account. Any Borrowing Request that shall fail to specify any of the applicable Borrower’s account information required by the preceding provisions of this paragraph may be rejected by the Applicable Agent if such failure is not corrected promptly after the Applicable Agent shall give written or telephonic notice thereof to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower shall and, if so rejected, will be deemed to have selected an Interest Period of three months’ durationno force or effect. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Applicable Agent shall advise each Lender that will make a Loan as part of the 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 2 contracts

Sources: Credit Agreement (Amdocs LTD), Credit Agreement (Amdocs LTD)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify provide written notice to the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local 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, Local 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 L/C LC Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, Time on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery telecopy or telecopy email to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (iia) whether the requested Borrowing is to be a Revolving Facility Borrowing, or a Term Borrowing or CL (and, as applicable, the Class of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (ivb) the identity of the Borrower and the aggregate amount and currency of such Borrowing, subject to the limitations set forth herein; (c) the date of such Borrowing, which shall be a Business Day; (vd) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing, if applicable; (vie) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viif) 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. If no election as to the Type of a Borrowing by the Parent Borrower in Dollars is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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: Incremental Assumption Agreement and Refinancing Amendment to Credit Agreement (Coty Inc.), Credit Agreement (Coty Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone submitting a Borrowing Request not later than 12:00 p.m., New York City time, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Timethe Borrowing of Initial Term Loans and Tranche B Loans, three (3) Business Days before the date of the proposed Borrowing or Closing Date, (b) in the case of an ABR Borrowingthe Borrowing of Delayed Draw Term Loans, not later than 12:00 noon, Local Time, one seven (7) Business Day before Days the date of the proposed Borrowing; provided any such notice , (c) in the case of an ABR Revolving the Borrowing to finance of Tranche C Loans, three (3) Business Days before the reimbursement Amendment No. 3 Effective Date, (d) in the case of an L/C Disbursement as contemplated by Section 2.05(ethe Borrowing of Amendment No. 4 Term Loans, three (3) may be given not later than 11:00 a.m.Business Days before the Amendment No. 4 Effective Date and (e) in the case of the Borrowing of Amendment No. 4 Delayed Draw Term Loans, Local Time, on seven (7) Business Days the date of the proposed Borrowing. Each such telephonic Such Borrowing Request shall be irrevocable 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 Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Such Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars orincluding whether such Loans are Initial Term Loans, if permitted to be borrowed in EurosTranche B Loans, in EurosDelayed Draw Term Loans, Tranche C Loans, Amendment No. 4 Term Loans or Amendment No. 4 Delayed Draw Term Loans), which shall comply with the requirements of Section 2.02(b); (ivii) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiiii) the location and number of the applicable Borrower’s account to which funds the proceeds of such Borrowing are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ duration. Promptly following receipt of a such Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender▇▇▇▇▇▇’s Loan to be made as part of the requested Borrowing. Not later than 1:00 p.m., New York City time, on the date of the proposed Borrowing, each Lender shall make available to the Administrative Agent an amount in Dollars and in immediately available funds equal to the Loan to be made by such ▇▇▇▇▇▇ on the date of the proposed Borrowing. The Administrative Agent shall then make available to Borrower the aggregate of the amounts made available to the Administrative Agent by the Lenders, in like funds as received by the Administrative Agent. For the avoidance of doubt, the Administrative Agent shall not be required to make the amount of any Loans available to the Borrower on the occasion of any Borrowing unless and until the Administrative Agent has received from the applicable Lenders, in its designated account, an aggregate amount of immediately available funds equal to the Loans requested by the Borrower to be funded hereunder pursuant to such Borrowing.

Appears in 2 contracts

Sources: Senior Secured Credit Agreement (Phoenix Energy One, LLC), Senior Secured Credit Agreement (Phoenix Energy One, LLC)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon10:00 a.m., Local 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 noon10:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy (or by electronic communication if, after the date hereof, arrangements for doing so shall be approved by the Administrative Agent) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingto which the proceeds of the requested Borrowing shall be disbursed; (ii) whether the aggregate amount of the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested currency (which may be Dollars or a Foreign Currency) in which such Borrowing (expressed in Dollars or, if permitted is to be borrowed in Euros, in Euros)denominated; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account of a Borrower to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of such Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Eurosa Foreign Currency, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower Representative shall be deemed to have selected an Interest Period of three months’ 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 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 (Argo Group International Holdings, Ltd.), Credit Agreement (Argo Group International Holdings, Ltd.)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Loan Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local 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, Local Time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in EurosDollars); (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request either in writing (delivered by hand or fax) in a form approved by the Administrative Agent and signed by the Borrower Representative or by telephone or through Electronic Systems, if arrangements for doing so have been approved by the Administrative Agent, (a) in the case of a Eurocurrency BorrowingBorrowing denominated in Dollars, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in a Foreign Currency, not later than 12:00 noon Local Time, four Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., Local 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 L/C LC Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing; provided, that in the case of the foregoing clause (b), each such notice may only be in writing (delivered by hand, fax or email). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic Systems to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borrower requesting Class of Borrowing, the aggregate amount of the requested Borrowing, and a breakdown of the separate wires comprising such Borrowing; (ii) whether the requested name of the applicable Borrower(s) and the amount of each Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowingfor the applicable Borrower; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (v) in the case of a Eurocurrency Borrowing, the Agreed Currency applicable thereto; and (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing in Dollars. If no Agreed Currency is specified with respect to any requested initial Eurocurrency Revolving Borrowing, unless such Borrowing is denominated in Euros, in which case such then the requested Revolving Borrowing shall be a Eurocurrency BorrowingBorrowing in Dollars. If no Interest Period is specified with respect to any requested Eurocurrency Revolving Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of three months’ 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 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 (CSW Industrials, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., Local TimeCharlotte, North Carolina, time, three (3) Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeCharlotte, North Carolina, time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy electronic communication (e-mail) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent of Exhibit 2.03 (a “Borrowing Request”) and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viiv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Kinder Morgan Energy Partners L P)

Requests for Borrowings. To request any a Revolving Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone confirmed promptly by email (in .pdf format) 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 Financial Officer of the Company (a) in the case of a Eurocurrency LIBOR Revolving Borrowing, CDOR Revolving Borrowing or EURIBOR Revolving Borrowing, not later than 12:00 noon1:00 p.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of an ABR Revolving Borrowing, not later than 12:00 noon1:00 p.m., Local Time, one Business Day before on the date of the proposed Borrowing and (c) in the case of a Tranche One Canadian Prime Rate Revolving Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given , not later than 11:00 a.m.1:00 p.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Tranche under which such Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowingmade; (iii) the aggregate currency and the principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case Type of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) 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 clause (a) of the definition of the term “Interest Period”; and; (vii) the location and number Applicable Funding Account or, in the case of any ABR Revolving Borrowing or Canadian Prime Rate Revolving Borrowing requested to finance the reimbursement of an LC Disbursement as provided in Section 2.05(e), the identity of the applicable Borrower’s account to Issuing Bank that made such LC Disbursement; and (viii) in the case of a Borrowing by a Borrowing Subsidiary that is not a US Borrowing Subsidiary, a UK Borrowing Subsidiary, an Irish Borrowing Subsidiary or a Canadian Borrowing Subsidiary, the jurisdiction from which funds are to be disbursed. If no election as to payments of the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless 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 failure is denominated in Euros, in which case such Borrowing not corrected promptly after the Administrative Agent shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect give written or telephonic notice thereof to any requested Eurocurrency Borrowing, then the applicable Borrower shall and, if so rejected, will be deemed to have selected an Interest Period of three months’ durationno force 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 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. (a) To request any Borrowinga Borrowing of Loans, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon1:00 p.m., Local 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 noon1:00 p.m., Local Time, one Business Day before Time on the date of the proposed Borrowing; provided provided, that any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. . (b) Each such telephonic and written (including by facsimile or other electronic transmission) Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility Borrowing, Term Borrowing Loans or CL BorrowingOther Revolving Loans; (iiiii) the aggregate amount of the requested Borrowing, which amount shall not result in the Revolving Facility Credit Exposure exceeding the Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Base; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender 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 (Quality Distribution Inc)

Requests for Borrowings. To request any a Revolving Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the Borrower) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local 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 the Borrower) not later than 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 telephone in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, the requested Revolving Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (NetApp, Inc.)

Requests for Borrowings. To request any Borrowinga Borrowing on the Closing Date, the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Additional Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or and (b) in the case of an ABR Borrowing, not later than 11:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Borrowing to replace a Eurocurrency Borrowing Request deemed ineffective pursuant to clause (i) of Section 2.13 may be given not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; and provided further that any such notice in respect of an ABR Revolving any Borrowing to finance be made on the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) Closing Date may be given not at such later than 11:00 a.m., Local Time, time or on such shorter notice as the date of the proposed BorrowingAdministrative Agent may agree. Each such Such telephonic Borrowing Request shall be irrevocable 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 Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower; provided that such Borrowing Request may state that it is conditioned upon the consummation of the Acquisition, in which case such Borrowing Request may be revoked by the relevant Borrower (by notice to the Administrative Agent on or prior to the specified closing date) if such condition is not satisfied. Each such Such telephonic and written Borrowing Request shall specify the following information 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 currency and aggregate principal amount of the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount date of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case Type of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency the requested Borrowing; (viv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Borrowing by the Company, an ABR Borrowing, unless such and (ii) in the case of a Borrowing is denominated in EurosEuro, in which case such Borrowing shall be 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 three months’ one month’s duration. 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 requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made by such Lender as part of the requested Borrowing.

Appears in 1 contract

Sources: Term Loan Agreement (Molson Coors Brewing Co)

Requests for Borrowings. (a) To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency BorrowingBorrowing in Dollars, not later than 12:00 noon, Local Time, three (3) Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing in an Alternate Currency, not later than 12:00 noon, Local Time, four (4) Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing, by telephone, not later than 12:00 noon, Local Time, one on the Business Day before the date of the proposed Borrowing; provided any provided, that, to request a Eurocurrency or ABR Borrowing on the Closing Date or the Amendment No. 1 Effective Date, the Borrower shall notify the Administrative Agent of such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated request by Section 2.05(e) may be given not telephone no later than 11:00 a.m.5:00 p.m., Local Time, on two Business Days prior to such date (or such later time as the date of the proposed BorrowingAdministrative Agent may agree). Each such telephonic Borrowing Request shall be irrevocable (other than in the case of any notice given in respect of the Closing Date, which may be conditioned upon the consummation of the Merger) and (in the case of telephonic requests) shall be confirmed promptly by hand delivery or telecopy electronic means to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Term B-1 Loans, Other Term Loans or Revolving Facility BorrowingLoans of a particular Class, Term Borrowing or CL Borrowingas applicable; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternate Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, Borrowing then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (CMC Materials, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noonp.m., Local TimeNew 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., Local Time, one (1) Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile (or by such other electronic transmission as the Administrative Agent agrees, including in “.pdf”) to the Administrative Agent of a an executed written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable BorrowerRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account of the Borrower to which funds are to be disburseddisbursed or, in the case of any ABR Borrowing 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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. To request any a Revolving Borrowing or Class of Consolidated Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., Local TimeCleveland, Ohio 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 noon11:00 a.m., Local TimeCleveland, Ohio 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 L/C LC Disbursement as contemplated by Section 2.05(e2.04(e) may be given not later than 11:00 10:00 a.m., Local TimeCleveland, Ohio time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing or Existing Term Borrowing, Fourth Restatement Term Borrowing or CL Added Term Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in subject to the case second sentence of a Borrowing denominated in DollarsSection 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 clause (a) of the definition of the term “Interest Period”; and (viivi) 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 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Argo Tech Corp)

Requests for Borrowings. To request any Borrowinga Borrowing (including with respect to the continuation of Initial Term B Loans by the Continuing Lenders on the Closing Date), the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local Time, three Business Days (or, with respect to the Borrowings on the Closing Date, such fewer number of Business Days as may be acceptable to the Administrative Agent) 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., Local Time, one Business Day before on the date of the proposed BorrowingBorrowing (which shall be a Business Day); provided provided, that any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans, Initial Term Borrowing B Loans or CL BorrowingIncremental Term Loans (and, in the case of Incremental Term Loans, whether such Loans are to be Term B Loans or Other Term Loans); (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Realogy Holdings Corp.)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone electronically (a) in the case of a Eurocurrency SOFR Borrowing, not later than 12:00 noon, Local 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, Local 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 provided, that, (x) any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m.12:00 noon, Local 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 telephonic written Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to (other than in the Administrative Agent case of a written Borrowing Request any notice given in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf 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 BorrowerIncremental Assumption Agreement). Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Term B Loans, Revolving Facility BorrowingLoans, Refinancing Term Borrowing Loans (including 20232024 Refinancing Term B Loans), 2023 Additional Term B Loans, Other Term Loans, Other Revolving Loans, Extended Term Loans, Extended Revolving Loans or CL BorrowingReplacement Revolving Loans as applicable; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of 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 applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency SOFR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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. (a) To request any a Borrowing, the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by (x) e-mail, telephone or telecopy, if with respect to the Term Loans, US Tranche or a Borrowing under the European Tranche denominated in US Dollars and (ay) telecopy, if with respect to a Borrowing under the European Tranche denominated in an Alternative Currency: (i) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, and (bii) in the case of an ABR Borrowing, not later than 12:00 noonp.m., Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date Business Day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and each telephonic request shall be confirmed promptly by 2:00 p.m. (Local Time) on the same Business Day by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request. Each written Borrowing Request shall be in a form reasonably approved by the Administrative Agent and signed by the Borrower Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower. Each such electronic, telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the 1. The Borrower requesting such Borrowing (or on whose behalf the Company is requesting such Borrowing); (ii) whether 2. Whether the requested Borrowing is to be a Revolving Facility Term Loan Borrowing, Term US Tranche Revolving Borrowing or CL a European Tranche Revolving Borrowing; (iii) the 3. The currency and aggregate principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iv) the 4. The date of such the requested Borrowing, which shall be a Business Day; (v) in 5. The Type of the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency requested Borrowing; (vi) in 6. In the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the 7. The location and number of the applicable Borrower’s account relevant account(s) to which funds are to be disbursed. , which shall comply with the requirements of Section 2.06. (b) If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Borrowing under the US Tranche or a Term Loan Borrowing, an ABR Borrowing, unless such and (ii) in the case of a Borrowing is denominated in Eurosunder the European Tranche, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. 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 requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made by such Lender as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Insight Enterprises Inc)

Requests for Borrowings. To request any a Term Loan Borrowing or a Revolving Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone telecopy of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower (a) or, in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, three Business Days before the date of the proposed Term Loan Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR a Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated denominated in U.S. Dollars, by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be telephone 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 RepresentativeBorrower) (a) in the case of a Eurocurrency Borrowing denominated in U.S. Dollars, not later than 11:00 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 (c) in the case of an ABR Borrowing, not later than 11:00 a.m., New York City time, on behalf the date of the applicable Borrowerproposed Borrowing. Each such telephonic and written Borrowing Request shall be irrevocable and shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing, an Australian Dollar Borrowing or a Eurocurrency Borrowing; ; 4849-4470-4337.7 (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender 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. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify Company shall: (i) deliver a draft Borrowing Notice to the Administrative Agent and the Independent Engineer not later than 11:00 a.m., New York City time, fifteen (15) Business Days prior to a proposed Borrowing Date and the Independent Engineer shall review and confirm to the Administrative Agent and the Company, or, if there is a material defect therein, revise and send back to the Company, such draft Borrowing Notice not later than 11:00 a.m. New York City time, nine (9) Business Days prior to the proposed Borrowing Date (and any failure to respond within such time shall be deemed to be a confirmation of such request by telephone draft Borrowing Notice), such review to be based on the information provided under the Construction Progress Report delivered to the Independent Engineer in connection with such proposed Borrowing; and (ii) deliver a final Borrowing Notice to the Administrative Agent (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew York City time, three five (5) Business Days before the date of the proposed Borrowing Date or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date of two (2) Business Days before the proposed BorrowingBorrowing Date. Each such telephonic Borrowing Request Notice delivered pursuant to paragraph (ii) hereof shall be irrevocable irrevocable, and shall be confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written each such Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request Notice shall specify the following information in compliance and shall comply with Section 2.022.2: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iiia) the aggregate amount of the each requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (ivb) the date Borrowing Date of such each requested Borrowing, which shall be a Business Day; (vc) in the case of a Borrowing denominated in Dollars, whether each such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing;; and (vid) in the case of a Eurocurrency any Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Eurodollar Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Company shall be deemed to have selected an Interest Period of three months’ one month's duration. Promptly following receipt of a final Borrowing Request Notice in accordance with this Section, the Administrative Agent shall advise each applicable Lender 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 (Flag Telecom Holdings LTD)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Company shall notify the Administrative Applicable Agent of such request by facsimile of a written Borrowing Request in the form of Exhibit D or any other form approved by the Applicable Agent and signed by a Responsible Officer of the Company (or, in the case of the Facility Agent, by telephone confirmed promptly by hand delivery or facsimile to the Facility Agent of a written Borrowing Request in the form of Exhibit D or any other form approved by the Facility Agent and signed by a Responsible Officer of the Company) (a) in the case of a Eurocurrency BorrowingLIBOR Borrowing denominated in US Dollars, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of a LIBOR Borrowing denominated in an Alternative Currency or a EURIBOR Borrowing, not later than 11:00 a.m., Local Time, four Business Days before the date of the proposed Borrowing and (c) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) currency and the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (ivii) the date of such Borrowing, which shall be a Business Day; (viii) the Type of such Borrowing; (iv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR LIBOR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency EURIBOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) the location and number of Applicable Funding Account. If no currency is specified with respect to any requested LIBOR Borrowing, then the applicable Borrower’s account Company shall be deemed to which funds are to be disbursedhave selected US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, unless such (B) in the case of Borrowing is denominated in an Alternative Currency (other than Euros), a LIBOR Borrowing and (C) in the case of a Borrowing denominated in Euros, in which case such Borrowing shall be a Eurocurrency EURIBOR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing or EURIBOR Borrowing, then the applicable Borrower Company shall be deemed to have selected an Interest Period of three months’ 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 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 (Pall Corp)

Requests for Borrowings. To request any Borrowinga Borrowing (other than a Borrowing of Swingline Loans or Term Loans), the Borrower Representative, on behalf of the applicable Borrower, shall notify the Revolver Administrative Agent of such request by telephone (confirmed by electronic mail) (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon, Local TimeCharlotte, North Carolina 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, Local TimeCharlotte, North Carolina time, one Business Day before the date of the proposed Borrowing; provided any . To request a Borrowing of Term Loans, the Borrower shall notify the Term Loan Administrative Agent of such notice request by telephone (x) in the case of a Eurodollar Borrowing, not later than 2:00 p.m., New York City time, three Business Days before the date of the proposed Borrowing or (y) in the case of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given Borrowing, not later than 11:00 9:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the applicable Administrative Agent of a written Borrowing Request in a substantially the form approved by the Administrative Agent of Exhibit B-1 attached hereto and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.2: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (ivii) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viiv) whether such Borrowing is to be a Revolving Borrowing, Initial Term Loan Borrowing or a Delayed Draw Term Loan 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 clause (a) of the definition of the term “Interest Period”; and (viivi) 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 2.7 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 3.5, the identity of the Issuing Bank that made such LC Disbursement. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.3, the applicable Administrative Agent shall advise each Lender 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 (NortonLifeLock Inc.)

Requests for Borrowings. To request any a Borrowing, the Parent Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) by delivering a Borrowing Request signed by a Responsible Officer of the Parent Borrower or through Electronic System if arrangements for doing so have been approved by the Administrative Agent (or if an Extenuating Circumstance shall exist, by telephone) not later than (a) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noon10:00 a.m., Local TimeChicago time, three (3) 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., Local TimeNew York, one Business Day before New York time, on the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C a Letter of Credit Disbursement as contemplated by Section 2.05(e3.06(e) may be given not later than 11:00 9:00 a.m., Local TimeChicago time, on the date of the such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and each such telephonic Borrowing Request, if permitted, shall be confirmed promptly immediately upon the cessation of the Extenuating Circumstance by hand delivery delivery, facsimile or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf a Responsible Officer of the applicable Parent Borrower. Each such telephonic and written (or if permitted, telephonic) Borrowing Request shall specify the following information in compliance with Section 2.023.02: (i) the Borrower requesting such Borrowingname of the applicable Borrower(s); (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Term Benchmark Borrowing;; and (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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of three months’ 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 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 and Guarantee Agreement (Janus International Group, Inc.)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify provide written notice to the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local 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, Local 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 L/C LC Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, Time on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy email to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (iia) whether the requested Borrowing is to be a Revolving Facility Borrowing, or a Term Borrowing or CL (and, as applicable, the Class of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (ivb) the identity of the Borrower and the aggregate amount and currency of such Borrowing, subject to the limitations set forth herein; (c) the date of such Borrowing, which shall be a Business Day; (vd) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing, if applicable; (vie) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viif) 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. If no election as to the Type of a Borrowing by the Parent Borrower in Dollars is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Coty Inc.)

Requests for Borrowings. Each Borrowing shall be subject to each of the conditions set forth in Section 6.02. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Term Benchmark Borrowing, not later than 12:00 noon11:00 a.m., Local TimeHouston time, three U.S. Government Securities Business Days before the date of the proposed Borrowing Borrowing, (b) in the case of an RFR Borrowing, not later than 11:00 a.m., Houston time, threefive U.S. Government Securities Business Days before the date of the proposed Borrowing, or (bc) in the case of an ABR Borrowing, not later than 12:00 noon10:00 a.m10:00 a.m., Local TimeHouston time, one Business Day before on the date of the proposed Borrowing; provided any that no such notice shall be required for any deemed request of an ABR Revolving Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by provided in Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing2.08(e). Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy electronic communication to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower RepresentativeBorrower; provided that, any Borrowing requested on behalf or prior to the Effective Date may be conditioned on the occurrence of the applicable BorrowerEffective Date. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iiia) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (ivb) the date of such Borrowing, which shall be a Business Day; (vc) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing, a Term Benchmark Borrowing or a Eurocurrency an RFR Borrowing; (vid) in the case of a Eurocurrency Term Benchmark Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and; (viie) 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); (f) 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 2.05; and (g) each of the conditions set forth in Section 6.02 has been satisfied. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Term Benchmark Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 Aggregate Revolving Credit Commitments (i.e., the least of (A) the Aggregate Maximum Revolving Credit Amounts, (B) the then effective Borrowing Base and (C) the then effective Aggregate Elected Commitment Amounts). Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender 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 (Gulfport Energy Corp)

Requests for Borrowings. To request any a Revolving Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the Borrower) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local 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 the Borrower) not later than 11:00 a.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 telephone in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate principal amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.07. If no election as to the Type of Revolving Borrowing is specified, then then, in the case of a Borrowing denominated in Dollars, the requested Revolving Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (NetApp, Inc.)

Requests for Borrowings. To request any Borrowinga Borrowing (other than a Swingline Loan), the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone in writing (a) in the case of a Eurocurrency BorrowingBorrowing denominated in Dollars, not later than 12:00 noon, Local TimeNew York City time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in a currency other than Dollars, not later than 12:00 noon, New York City time, four Business Days before the date of the proposed Borrowing or (bc) in the case of an ABR Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingidentity of the Applicable Borrower; (ii) whether the aggregate amount of the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount Class of such Borrowing; (iv) the requested Borrowing currency (expressed in which may be Dollars or, if permitted applicable, a Foreign Currency) in which such Borrowing is to be borrowed in Euros, in Euros)denominated; (ivv) the date of such Borrowing, which shall be a Business Day; (vvi) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vivii) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiviii) the location and number of the applicable Applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of such Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Eurosa Foreign Currency, in which case such Borrowing shall be 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 three months’ 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 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 (Manitowoc Co Inc)

Requests for Borrowings. To request any a Borrowing, the Applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local Time, (i) in the case of such Borrowings denominated in Dollars, Euros, Sterling or Canadian dollars, three Business Days and (ii) in the case of such Borrowings denominated in any other Foreign Currency, four Business Days or such shorter period as the Administrative Agent may agree, in each case before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy electronic communication to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingidentity of the Applicable Borrower; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing; (iii) whether such Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)is a Revolving Borrowing or a Term Loan Borrowing; (iv) the currency (which may be Dollars or a Foreign Currency) in which such Borrowing is to be denominated; (v) the date of such Borrowing, which shall be a Business Day; (vvi) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vivii) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiviii) the location and number of the applicable Applicable Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Eurosa Foreign Currency, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable Applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Notwithstanding the foregoing, with respect to Revolving Borrowings in currencies which become Foreign Currencies after the date hereof pursuant to the definition of “Foreign Currency”, related request periods and borrowing increments shall be as agreed to by the Borrower and the Administrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Scansource, Inc.)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon10:00 a.m., Local Time, (x) three Business Days before the date of the any proposed Borrowing denominated in Dollars and (y) four Business Days before the date of any proposed Borrowing denominated in an Alternative Currency or (b) in the case of an ABR Borrowing, not later than 12:00 noon10:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans (and, if so, specifying the Class of Commitments under which such Borrowing is being made), Term Borrowing B-1 Loans, Term B-2 Loans, Term B-3 Loans, Term B-4 Loans, Extended Maturity Term B Loans or CL BorrowingOther Term Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternative Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be (x) an ABR Borrowing, unless such Borrowing is in the case of Loans denominated in Euros, in which case such Borrowing shall be Dollars or (y) a Eurocurrency BorrowingBorrowing with an Interest Period of one month’s duration in the case of Revolving Facility Loans denominated in an Alternative Currency. 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 three months’ 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 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 (CAESARS ENTERTAINMENT Corp)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon10:00 a.m., Local Time, (x) three Business Days before the date of the any proposed Borrowing denominated in Dollars and (y) four Business Days before the date of any proposed Borrowing denominated in an Alternative Currency or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m.1:00 p.m., Local Time, on the date Business Day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans (and, if so, specifying the Class of Commitments under which such Borrowing is being made), Term Borrowing ▇-▇-▇ ▇▇▇▇▇, ▇▇▇▇ ▇-▇-▇ ▇▇▇▇▇, ▇▇▇▇ ▇-▇-▇ Loans, Term B-5-B Loans, Term B-6-A Loans, Term B-6-B Loans, Term B-7 Loans or CL BorrowingOther Term Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternative Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be (x) an ABR Borrowing, unless such Borrowing is in the case of Loans denominated in Euros, in which case such Borrowing shall be Dollars or (y) a Eurocurrency BorrowingBorrowing with an Interest Period of one month’s duration in the case of Revolving Facility Loans denominated in an Alternative Currency. 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 three months’ 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 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 (Caesars Entertainment Operating Company, Inc.)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent Agent, of such request either by telephone or in writing (delivered by hand, facsimile, or via a pdf or similar file attached to an email), substantially in the form attached hereto as Exhibit B‑1 and signed by the Borrower (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local 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, Local Time, one (1) Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and and, in the case of a telephonic Borrowing Request, shall be confirmed promptly by hand delivery or telecopy or transmission by electronic communication in accordance with Section 9.01(b) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent attached hereto as Exhibit B‑1 and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingidentity of the Borrower; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and the Class of Loans being borrowed; (iviii) the date of such Borrowing, which shall be a Business Day; (iv) the Facility under which such Borrowing will be made; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Caseys General Stores Inc)

Requests for Borrowings. To request any a Revolving Borrowing, the a Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent of 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., Local TimeNew 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., Local TimeLondon time, one three Business Day Days before the date of the proposed Borrowing; provided any such notice , or (c) in the case of an ABR Revolving Borrowing to finance made after the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given Effective Date, not later than 11:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing Request in a form approved by the Administrative Applicable Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information 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 Facility Borrowing, Term Borrowing or CL a European Tranche Revolving Borrowing; (iii) the currency and aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) 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 2.04. If no currency is specified with respect to any requested Eurocurrency Borrowing, then 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 Borrowing Subsidiary, Sterling. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, unless such Borrowing is and (B) in the case of a Borrowing denominated in EurosEuro or Sterling, in which case such Borrowing shall be 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 three months’ 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 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. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone or delivery of a Borrowing Request (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., Local TimeEastern time, three Business Days before the date of the proposed Borrowing or (provided that, if such Eurodollar Borrowing is a Borrowing to be made on the Closing Date, such request shall be made not later than 10:00 a.m., Eastern time, one Business Day before the date of the proposed Borrowing) and (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeEastern time, on the date Business Day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, telecopy or telecopy to other electronic platform or electronic transmission approved by the Administrative Agent of a written Borrowing Request in a the form attached hereto as Exhibit C or in such other form as may be approved by the Administrative Agent and Agent, signed by a Responsible Officer of the Borrower Representative, on behalf of and delivered to the applicable BorrowerAdministrative Agent. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02Sections 2.02 and 2.07: (i) the Borrower requesting aggregate principal amount of such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viiv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Dollar Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (IHS Markit Ltd.)

Requests for Borrowings. To request any a Borrowing, the a Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (which may be by telephone telephone) not later than 1:00 p.m., New York City time, (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local TimeBorrowing denominated in U.S. Dollars, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in an Alternative Currency, four Business Days before the date of the proposed Borrowing, (c) in the case of an ABR Borrowing, not later than 12:00 noonon the date of the proposed Borrowing, Local Time(d) in the case of a CDOR Borrowing, one two Business Day Days before the date of the proposed Borrowing; provided any such notice , or (e) in the case of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Timea Canadian Prime Borrowing, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and if made by telephone or (pursuant to Section 10.01(b)) electronic communications 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing, a Eurocurrency Borrowing, a CDOR Borrowing or a Eurocurrency Canadian Prime Borrowing; (viiv) in the case of a Eurocurrency Borrowing or a CDOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and"INTEREST PERIOD"; (viiv) the location and number of the applicable relevant Borrower’s 's account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07; and (vi) in the case of a Eurocurrency Borrowing, the currency of such Borrowing. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is if denominated in EurosU.S. Dollars, a Canadian Prime Borrowing if denominated in which case such Borrowing shall be Canadian Dollars or a Eurocurrency BorrowingBorrowing if denominated in an Alternative Currency. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing or CDOR Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of three months’ one month's duration. If no election as to the currency of a Borrowing is specified, then the requested Borrowing shall be denominated in U.S. Dollars. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender 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 (Oakley Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon1:00 p.m., Local TimeCharlotte, North Carolina time, three Business Days before the date of the proposed Borrowing Borrowing, or (b) in the case of an a ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of including an ABR Revolving Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by Section 2.05(e) may be given 2.08(f), not later than 11:00 a.m.1:00 p.m., Local TimeCharlotte, North Carolina time, on the date of the proposed Borrowing, which date shall be a Business Day in the United States. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros);Borrowing; ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇.▇▇ (iv▇▇) the date of such Borrowing, which shall be a Business DayDay in the United States; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viiv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; (v) the amount of the then effective Borrowing Base, the current Aggregate Revolving Credit Exposures (without regard to the requested Borrowing) and the pro forma Aggregate Revolving Credit Exposures (giving effect to the requested Borrowing); and (viivi) 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 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall not cause the Aggregate Revolving Credit Exposures to exceed the Aggregate Commitments then in effect. Promptly following receipt of a Borrowing Request in accordance with this SectionSection 2.03, the Administrative Agent shall advise each Lender 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 (St Mary Land & Exploration Co)

Requests for Borrowings. To request any a Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent of such request by telephone (a) in the case of a Eurocurrency LIBOR Borrowing, a EURIBOR Borrowing, a CDOR Borrowing or a Canadian Prime Borrowing, not later than 12:00 noon11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, and (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic notice shall be given (i) in the case of a notice to the Administrative Agent or the Canadian Agent, by telephone or telecopy, and (ii) in the case of a notice to the London Agent, by email or telecopy. Each Borrowing Request shall be irrevocable and shall be in the form of (or, in the case of a telephonic Borrowing Request, confirmed promptly by hand delivery or telecopy to the Administrative Agent of a written Borrowing Request in a the form of) Exhibit B or any other form approved by the Administrative Agent and signed by the Borrower Representative, on behalf a Financial Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Type of such Borrowing; (iii) the aggregate currency and the principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)such Borrowing; (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in DollarsLIBOR Borrowing, whether such Borrowing is to be an ABR a EURIBOR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency CDOR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.06(a). If no election as to the currency of the Borrowing is specified, then the requested Borrowing shall be denominated in US Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing if denominated in US Dollars, unless such a EURIBOR Borrowing is if denominated in Euros, a Canadian Prime Borrowing if denominated in which case such Canadian Dollars or a LIBOR Borrowing shall be a Eurocurrency Borrowingif denominated in an Alternative Currency other than Euros or Canadian Dollars. If no Interest Period is specified with respect to any requested Eurocurrency LIBOR Borrowing, EURIBOR Borrowing or CDOR Borrowing, then the applicable requesting Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Applicable Agent shall advise each Lender under the applicable Tranche 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: Five Year Revolving Credit Facility Agreement (Albany International Corp /De/)

Requests for Borrowings. To request any a Borrowing, the any Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone or a Borrowing Request (a) in the case of a Eurocurrency BorrowingBorrowing denominated in Dollars, not later than 12:00 noon, Local Timenoon (New York City time), three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in Alternative Currencies, not later than 12:00 noon (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 or (bc) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time1:00 p.m. (New York City time), on the date of the proposed Borrowing, including any such notice of an ABR Borrowing to finance the reimbursement of drawing under a Letter of Credit as contemplated by Section 2.05(c). Each such telephonic Borrowing Request shall be irrevocable and shall shall, if made by telephone, be confirmed promptly immediately 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 Representative, on behalf of the applicable BorrowerRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount and currency of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (viiv) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) 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. If no currency is specified, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Medtronic PLC)

Requests for Borrowings. (a) To request any a Borrowing, the Administrative Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in writing (delivered by telephone hand or fax) by delivering a Borrowing Request signed by a Authorized Officer of the Administrative Borrower or through Electronic System if arrangements for doing so have been approved by the Agent not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., Local TimeNew York 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., Local TimeNew York 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 L/C LC Disbursement as contemplated by Section 2.05(e2.3(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York time, on the date of the such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrowerirrevocable. Each such telephonic and written (or if permitted, telephonic) Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borrower requesting such Borrowingname of the applicable Borrower(s); (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of three months’ 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 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: Loan and Security Agreement (Franchise Group, Inc.)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the First Lien Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., Local TimeNew York City time (or London, England time in the case of any Eurodollar Revolving Borrowing or RFR Borrowing in an Alternative Currency (other than Canadian Dollars)), 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 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of Business Day prior to the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the First Lien Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf substantially in the form of the applicable Borrower. Exhibit Q. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: information: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, a Term Borrowing or CL Borrowing; a Borrowing of any other Class (iiispecifying the Class thereof); (ii) the aggregate amount of the requested Borrowing such Borrowing; (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iviii) the date of such Borrowing, which shall be a Business Day; ; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; ; (viv) in the case of a Eurocurrency Eurodollar Borrowing or RFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account or accounts to which funds are to be disbursed. If no election as to , which shall comply with the Type requirements of Borrowing is specifiedSection 2.06, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Eurosor, in which the case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to of any requested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each Lender of the details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing.ABR Revolving -63-

Appears in 1 contract

Sources: Credit Agreement (LivaNova PLC)

Requests for Borrowings. To request any a Revolving Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent of 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., Local Time, three Business Days before the date of the proposed Borrowing, (b) in the case of a Eurocurrency Borrowing denominated in euro or Sterling, not later than 11:00 a.m., Local Time, three Business Days before the date of the proposed Borrowing or and (bc) in the case of an ABR BorrowingBorrowing made after the Effective Date, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing Request in a form approved by the Administrative Applicable Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information 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 Revolving Facility Borrowing, Term Borrowing or CL currency and aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case Type 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 clause (a) of the definition of the term “Interest Period”; and (viivi) 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. If no currency is specified with respect to any requested Eurocurrency Borrowing, then the applicable Borrower shall be deemed to have selected (i) in the case of the Company, US Dollars, and (ii) in the case of a Borrowing Subsidiary, Sterling. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be (A) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, unless such Borrowing is and (B) in the case of a Borrowing denominated in Euroseuro or Sterling, in which case such Borrowing shall be 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 three months’ 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 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 (Sungard Data Systems Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Representative shall notify the Administrative Agent of such request either in writing (delivered by hand or fax) in a form approved by the Administrative Agent and signed by the Borrower Representative or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., Local TimeChicago 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, Local TimeChicago 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 9:00 a.m., Local TimeChicago time, on the date of the such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingname of the applicable Borrower(s); (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, 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 clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Borrower(s) shall be deemed to have selected an Interest Period of three months’ 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 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 (Tetra Technologies Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent Lender of such request either in writing (delivered by hand or fax) in the form attached hereto as Exhibit B and signed by the Borrower or by telephone or through Electronic System, if arrangements for doing so have been approved by the Lender, (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., Local TimeNew York time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a CBFR Borrowing, not later than 12:00 noon, Local TimeNew York time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving a CBFR Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by Section 2.05(e2.04(d) may be given not later than 11:00 9:00 a.m., Local TimeNew York time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, fax or telecopy a communication through Electronic System to the Administrative Agent Lender of a written Borrowing Request in a form approved by the Administrative Agent Lender and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.022.01: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars orBorrowing, if permitted to be borrowed in Euros, in Euros)and a breakdown of the separate wires comprising such Borrowing; (ivii) the date of such Borrowing, which shall be a Business Day; (viii) whether such Borrowing is to be a CBFR Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency CBFR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Par Technology Corp)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local TimePittsburgh 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, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local TimePittsburgh time, on the date day of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a an executed written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable BorrowerRequest. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL a Revolving Borrowing; (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account of the Borrower to which funds are to be disburseddisbursed or, in the case of any ABR Revolving Borrowing 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 anything to the contrary herein (including Sections 2.07 and 2.13), any Revolving Loans made on the Restatement Effective Date and any Term Borrowings made on the First Amendment Effective Date shall be Eurocurrency Borrowings with an Interest Period of one Month, except to the extent that pursuant to Section 1.06, such Revolving Loans become part of a Borrowing Tranche of Revolving Loans that were outstanding on the Restatement Effective Date under the Existing Credit Agreement. No Term Loans may be borrowed after the First Amendment Effective Date.

Appears in 1 contract

Sources: Credit Agreement (Bentley Systems Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request either in writing (delivered by hand or facsimile) in a form approved by the Administrative Agent and signed by the Borrower or by telephone or through Electronic System, if arrangements for doing so have been approved by the Administrative Agent, not later than (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon10:00 a.m., Local TimeChicago time, three (3) Business Days before the date of the proposed Borrowing or (b) in the case of an ABR a CBFR Borrowing, not later than 12:00 noon, Local TimeChicago time, one Business Day before on the date of the proposed Borrowing; provided that any such notice of an ABR a CBFR Revolving Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 9:00 a.m., Local TimeChicago time, on the date of the such proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery delivery, facsimile or telecopy a communication through Electronic System to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting aggregate amount of the requested Borrowing and a breakdown of the separate wires comprising such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) whether such Borrowing is to be a CBFR Borrowing or a Eurodollar Borrowing; and (iv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. .” If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency CBFR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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 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 (Omnova Solutions Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Borrowers shall notify the Administrative Agent of such request by writing, facsimile or telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon11:00 a.m., Local TimeNew 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, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of including an ABR Revolving Borrowing to finance the reimbursement of an L/C LC Disbursement as contemplated by Section 2.05(e2.04(e) may be given or to finance the reimbursement of a Swingline Loan as contemplated by Section 2.05(g), not later than 11:00 a.m., Local TimeNew York City time, on the date same Business Day of the proposed Borrowing; provided that notice of Borrowings for Swingline Loans shall be governed by Section 2.05(e). Each such telephonic Borrowing Request shall be irrevocable and if given by telephone shall be confirmed (except that no such confirmation will be required, unless requested by the Administrative Agent, to the extent the proceeds of such Borrowing are requested, or deemed to be requested, to be disbursed to Borrowers’ controlled disbursement account maintained with the Administrative Agent, in which event Borrowing and repayment procedures shall be in accordance with the cash management arrangements between the Borrowers and the Administrative Agent and as contemplated by Section 4.4(b) of the Security Agreement) promptly by hand delivery writing or telecopy fax to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf an authorized signer of the applicable BorrowerBorrowers as set forth in the Facility Letter. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viiv) in the case of a Eurocurrency Eurodollar Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viiv) the location and number of the applicable Borrower’s Borrowers’ account to which funds are to be disbursed, which shall comply with the requirements of Section 2.05. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing, then the applicable Borrower Borrowers shall be deemed to have selected an Interest Period of three months’ 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 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 (Usec Inc)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Loan Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noonp.m., Local 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, Local Time, one Business Day before the date of the proposed Borrowing; provided that any such notice of an ABR Revolving Facility Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in EurosDollars); (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Revolving Facility Borrowing is specified, then the requested Revolving Facility Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 details thereof and of the amount of such Lender’s Loan to be made as part of the requested Borrowing. Any Revolving Facility Loans outstanding on the date hereof shall be continued as Revolving Facility Loans hereunder; provided that after giving effect to this Second Amended and Restated Credit Agreement, (x) each Class A Revolving Facility Lender will be deemed to be holding such Loans as “Class A Revolving Facility Loans” and (y) each Class B Revolving Credit Lender will be deemed to be holding such Loans as “Class B Revolving Facility Loans,” in each case, in accordance with Section 4(a) of the Amendment Agreement.

Appears in 1 contract

Sources: Credit Agreement (Alpha Natural Resources, Inc.)

Requests for Borrowings. To request any a Revolving Borrowing or Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the First Lien Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Eurodollar Borrowing, not later than 12:00 noon2:00 p.m., Local Time▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇ (▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ time in the case of any Eurodollar Revolving Borrowing or RFR Borrowing in an Alternative Currency (other than Canadian Dollars)), 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 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of Business Day prior to the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the First Lien Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf substantially in the form of the applicable Borrower. Exhibit Q. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02information: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, a Term Borrowing or CL a Borrowing of any other Class (specifying the Class thereof); (ii) the aggregate amount of such Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Eurodollar Borrowing; (viv) in the case of a Eurocurrency Eurodollar Borrowing or RFR Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and; (viivi) the location and number of the applicable Borrower’s account or accounts 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) that as of the date of such Borrowing, the conditions set forth in Sections 4.02(a) and 4.02(b) are satisfied; and (viii) in the case of a Revolving Borrowing, the currency in which such Borrowing is to be denominated and, if such Borrowing is to be denominated in Canadian Dollars, whether such Borrowing is of both Classes of Revolving Loans or only the Revolving Loans. If no election as to the Type of Borrowing is specifiedspecified as to any requested Borrowing in Dollars or Canadian Dollars, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Eurodollar Borrowing or RFR Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. If no currency is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have requested that the Borrowing be denominated in Dollars. 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: Credit Agreement (LivaNova PLC)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request (which shall be irrevocable) by (x) telephone or (y) a Borrowing Request; provided that any telephonic notice must be confirmed immediately by delivery to the Administrative Agent of a Borrowing Request. Each such Borrowing Request must be received by the Administrative Agent (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., Local Time, three Business Days before the date of the proposed Borrowing or (b) in the case of an ABR Borrowing, Borrowing not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic ; provided, that, to request a Borrowing Request on the Closing Date, the Borrower shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to notify the Administrative Agent of a written Borrowing Request in a form approved such request by telephone not later than 5:00 p.m., Local Time, two Business Days prior to the Administrative Agent and signed by the Borrower Representative, on behalf of the applicable BorrowerClosing Date. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Non-Extended Revolving Facility BorrowingLoans, Term Borrowing 2020 Extended Revolving Facility Loans or CL BorrowingOther Revolving Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollarssubject to Section 2.02(c), 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 clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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: Incremental Assumption Agreement (Norwegian Cruise Line Holdings Ltd.)

Requests for Borrowings. To request any Borrowinga Borrowing of a Type available hereunder, the Borrower Representativeapplicable Borrower, or the Company on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon2:00 p.m., Local Time, three Business Days before the date of the proposed Borrowing or Borrowing, (b) in the case of a Canadian Base Rate Borrowing, not later than 10:00 a.m., Local Time, on the date of the proposed Borrowing and, (c) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing Request in a form approved by the Administrative Applicable Agent and signed by the Borrower Representativeapplicable Borrower, or by the Company on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information 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 Revolving Facility US Tranche Borrowing, Term a Canadian Tranche Borrowing or CL a Euro Tranche Borrowing; (iii) the currency and aggregate principal amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iv) the date of such the requested Borrowing, which shall be a Business Day; (v) in the case Type of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency the requested Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (vii) the location and number of the applicable relevant Borrower’s account to which funds are to be disbursed, which shall comply with the requirements of Section 2.07. If no currency is specified with respect to any requested Eurocurrency Borrowing, then the relevant Borrower shall be deemed to have selected (i) in the case of a US Tranche Borrowing, US Dollars, (ii) in the case of a Canadian Tranche Borrowing, Canadian Dollars, and (iii) in the case of a Euro Tranche Borrowing, Euros. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Borrowing denominated in US Dollars, an ABR Borrowing, unless such (ii) in the case of a Borrowing is denominated in EurosCanadian Dollars, a Canadian Base Rate Borrowing, and (iii) in which the case such of a Borrowing shall be denominated in Euro, a Eurocurrency Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Borrowing, then the applicable relevant Borrower shall be deemed to have selected an Interest Period of three months’ one month’s duration. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Applicable Agent shall advise each Lender that will make a Loan as part of the requested Borrowing of the details thereof and of the amount of such Lender’s the Loan to be made by such Lender as part of the requested Borrowing.

Appears in 1 contract

Sources: Credit Agreement (Automatic Data Processing Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent Agent, of such request either by telephone or in writing (delivered by hand, facsimile, or via a pdf or similar file attached to an email), substantially in the form attached hereto as Exhibit B‑1 and signed by the Borrower (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local 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, Local Time, one (1) Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and and, in the case of a telephonic Borrowing Request, shall be confirmed promptly by hand delivery or telecopy or transmission by electronic communication in accordance with Section 9.01(b) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent attached hereto as Exhibit B‑1 and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingidentity of the Borrower; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and the Class of Loans being borrowed; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; and (viivi) 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. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing, unless such Borrowing is denominated in Euros, in which case such Borrowing shall be 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 three months’ 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 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 (Caseys General Stores Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) by irrevocable written notice (via a written Borrowing Request signed by the Borrower, promptly followed by telephonic confirmation of such request) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local 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 the Borrower) not later than 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 telephone in the case of an ABR Borrowing, not later than 12:00 noon, Local TimeNew 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 L/C LC Disbursement as contemplated by Section 2.05(e2.06(e) may be given not later than 11:00 10:00 a.m., Local TimeNew York City time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such aggregate amount of the requested Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viii) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing and, subject to the requirements of Section 2.02(d)(ii), whether such Borrowing is to be a 2018 Dollar Tranche Revolving Borrowing, 2018 Multicurrency Tranche Revolving Borrowing, 2020 Dollar Tranche Revolving Borrowing, 2020 Multicurrency Tranche Revolving Borrowing or Term Loan Borrowing; (viiv) 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 clause (a) of the definition of the term “Interest Period”; and (viiv) 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 2.07. If no election as to the Type of Borrowing is specified, then then, (i) subject to the requirements of Sections 2.01, (A) in the case of a 2018 Revolving Borrowing denominated in Dollars, the requested 2018 Revolving Borrowing shall be an ABR Borrowing, unless such Borrowing is made on a pro rata basis under the 2018 Dollar Tranche Commitments and the 2018 Multicurrency Tranche Commitments as contemplated by Section 2.02(d)(ii) and (B) in the case of a 2020 Revolving Borrowing denominated in EurosDollars, in which case such the requested 2020 Revolving Borrowing shall be an ABR Borrowing made on a Eurocurrency pro rata basis under the 2020 Dollar Tranche Commitments and the 2020 Multicurrency Tranche Commitments as contemplated by Section 2.02(d)(ii) and (ii) in the case of a Term Loan Borrowing, the requested Term Loan 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 three months’ 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 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 (Microchip Technology Inc)

Requests for Borrowings. To request any a Borrowing, the Borrower Representative, on behalf of the applicable Borrower, Agent shall notify the Administrative Agent Agent, of such request either by telephone or in writing (delivered by hand, facsimile, or via a pdf or similar file attached to an email), substantially in the form attached hereto as Exhibit B‑1 and signed by the Borrower Agent (a) with respect to Revolving Loans denominated in Dollars, (i) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, three (3) Business Days before the date of the proposed Borrowing Borrowing, or (bii) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, on the date of the proposed Borrowing; (b) with respect to Revolving Loans denominated in Canadian Dollars, (i) in the case of a BA Drawing, not later than 3:00 p.m., Local Time, three (3) Business Days before the date of the proposed Borrowing, and (ii) in the case of a Canadian Prime Rate Borrowing, not later than 8:00 a.m., Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Borrowing and (c) with respect to Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given Loans denominated in Sterling or Euro, not later than 11:00 a.m., Local Time, on three (3) Business Days before the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and and, in the case of a telephonic Borrowing Request, shall be confirmed promptly by hand delivery or telecopy or transmission by electronic communication in accordance with Section 9.01(b) to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent attached hereto as Exhibit B‑1 and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingidentity of the applicable Borrower; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the currency and aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)and the Class of Loans being borrowed; (iviii) the date of such Borrowing, which shall be a Business Day; (iv) the Facility under which such Borrowing will be made; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing Borrowing, a Canadian Prime Rate Borrowing, a BA Drawing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and; (vii) 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; and (viii) in the case of a BA Drawing, the initial Contract Period to be applicable thereto, which shall be a period contemplated by the definition of the term “Contract Period.” If no currency is specified with respect to any Eurocurrency Revolving Borrowing, then the applicable Borrower shall be deemed to have selected Dollars. If no election as to the Type of Borrowing is specified, then the requested Borrowing shall be (i) in the case of a Borrowing denominated in Dollars, an ABR Borrowing, unless such (ii) in the case of a Borrowing is denominated in EurosCanadian Dollars, a Canadian Prime Rate Borrowing, and (iii) in which the case such of a Borrowing shall be denominated in an Alternative Currency (other than Canadian Dollars), 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 three months’ one month’s duration. If no Contract Period is specified with respect to a BA Drawing, then the applicable Borrower shall be deemed to have selected a Contract Period of 30 days. Promptly following receipt of a Borrowing Request in accordance with this Section, the Administrative Agent shall advise each applicable Lender 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 (Delphi Technologies PLC)

Requests for Borrowings. To request any a Revolving Borrowing and/or a Term Borrowing, the applicable Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Applicable Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon11:00 a.m., Local 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, Local 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 L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy to the Administrative Applicable Agent of a written Borrowing Request in a form approved by the Administrative Applicable Agent and signed by the Borrower Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in or Euros); (iv) the date of such Borrowing, which shall be a Business Day; (v) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; (vi) in the case of a Eurocurrency Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term "Interest Period"; and (vii) the location and number of the applicable Borrower’s 's account to which funds are to be disbursed. If no election as to the Type of Revolving Borrowing is specified, then the requested Revolving Borrowing shall be an ABR Borrowing, unless such Revolving Facility Borrowing (i) is denominated in EurosEuros and (ii) is being requested by a Foreign Subsidiary Borrower, in which case such Revolving Facility Borrowing shall be 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 three months’ 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 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 (Nalco Energy Services Equatorial Guinea LLC)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, 10:00 a.m. (x) three Business Days before the date of the any proposed Borrowing denominated in Dollars and (y) four Business Days before the date of any proposed Borrowing denominated in an Alternative Currency or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting whether such Borrowing; (ii) whether the requested Borrowing is to be a Borrowing of Revolving Facility BorrowingLoans, Term Borrowing A Loans, Term B Loans, Other Term Loans or CL BorrowingOther Revolving Loans; (iiiii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternative Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be (x) an ABR Borrowing, unless such Borrowing is in the case of Loans denominated in Euros, in which case such Borrowing shall be Dollars or (y) a Eurocurrency BorrowingBorrowing with an Interest Period of one month’s duration in the case of Revolving Facility Loans denominated in an Alternative Currency. 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 three months’ 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 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 (EVERTEC, Inc.)

Requests for Borrowings. To request any a Revolving Facility Borrowing and/or a Term Borrowing, the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request by telephone (a) in the case of a Eurocurrency Borrowing, not later than 12:00 noon, Local Time, 10:00 a.m. (x) three Business Days before the date of the any proposed Borrowing denominated in Dollars and (y) four Business Days before the date of any proposed Borrowing denominated in an Alternative Currency or (b) in the case of an ABR Borrowing, not later than 12:00 noon, Local Time, one Business Day before the date of the proposed Borrowing; provided any such notice of an ABR Revolving Borrowing to finance the reimbursement of an L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 10:00 a.m., Local Time, on the date of the proposed Borrowing. Each such telephonic Borrowing Request shall be irrevocable and shall be confirmed promptly by hand delivery or telecopy facsimile to the Administrative Agent of a written Borrowing Request in a form approved by the Administrative Agent and signed by the Borrower Representative, on behalf a Responsible Officer of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting Class of Loans comprising such Borrowing; (ii) whether the requested Borrowing is to be a Revolving Facility Borrowing, Term Borrowing or CL Borrowing; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros)Borrowing; (iviii) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Borrowing; provided that any Borrowing denominated in an Alternative Currency shall be 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 clause (a) of the definition of the term “Interest Period”; (vi) in the case of a Eurocurrency Revolving Facility Borrowing, the currency in which such Borrowing is to be denominated (which shall be Dollars or an Alternative Currency); and (vii) the location and number of the applicable Borrower’s account to which funds are to be disbursed. If no election as to the currency of any Revolving Facility Borrowing is made, then the requested Borrowing shall be made in Dollars. If no election as to the Type of Revolving Facility Borrowing or Term Borrowing is specified, then the requested Borrowing shall be (x) an ABR Borrowing, unless such Borrowing is in the case of Loans denominated in Euros, in which case such Borrowing shall be Dollars or (y) a Eurocurrency BorrowingBorrowing with an Interest Period of one month’s duration in the case of Revolving Facility Loans denominated in an Alternative Currency. 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 three months’ 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 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 (EVERTEC, Inc.)

Requests for Borrowings. To request any Borrowinga Borrowing (other than a Swingline Loan), the Borrower Representative, on behalf of the applicable Borrower, shall notify the Administrative Agent of such request in writing by telephone delivery of an irrevocable Borrowing Request signed by a Responsible Officer of the Borrower (a) in the case of a Eurocurrency BorrowingRate Borrowing denominated in Dollars, not later than 12:00 noon, Local Timethree Business Days (or, three 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), 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, Local 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 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 L/C Disbursement as contemplated by Section 2.05(e) may be given not later than 11:00 a.m., Local Time, on the date of the proposed BorrowingAdministrative Agent). Each such telephonic Borrowing Request shall be irrevocable 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 Representative, on behalf of the applicable Borrower. Each such telephonic and written Borrowing Request shall specify the following information in compliance with Section 2.02: (i) the Borrower requesting such Borrowingaggregate amount of the requested Borrowing and the Class thereof; (ii) whether the requested such Borrowing is to will be a Revolving Facility Borrowing, Term Borrowing made in Dollars or CL BorrowingEuros; (iii) the aggregate amount of the requested Borrowing (expressed in Dollars or, if permitted to be borrowed in Euros, in Euros); (iv) the date of such Borrowing, which shall be a Business Day; (viv) in the case of a Borrowing denominated in Dollars, whether such Borrowing is to be an ABR Borrowing or a Eurocurrency Rate Borrowing; (viv) in the case of a Eurocurrency Rate Borrowing, the initial Interest Period to be applicable thereto, which shall be a period contemplated by clause (a) of the definition of the term “Interest Period”; and (viivi) the location and number of the applicable Borrower’s account or any other designated account(s) to which funds are to be disburseddisbursed (the “Funding Account”). If If, with respect to Loans denominated in Dollars, no election as to the Type of Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Rate Borrowing with an ABR 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, unless such Borrowing is denominated in Eurosby 12:00 noon three Business Days before the date of the requested Borrowing, in which case then such Borrowing shall be a Eurocurrency an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurocurrency Rate Borrowing, then the applicable Borrower shall be deemed to have selected an Interest Period of three months’ 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.)