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Contract analysis / draft-borrowing-request-form.docx
draft-borrowing-request-form.docx
High · 0
Medium · 3
Standard · 2
Section 1. Borrowing Request
Medium
⚑ Liability cap to check against exposure
Section 1. Borrowing Request The undersigned Borrower hereby requests a Revolving Credit Borrowing under the Credit Agreement as follows: (a) Aggregate Principal Amount of the Requested Borrowing: $[____] [Guidance Note: The aggregate principal amount of the requested Borrowing shall not exceed the total Revolving Credit Commitments of $150,000,000.00 less the aggregate principal amount of all outstanding Revolving C
Section 2. Purpose
Standard
⚑ Commercial term
Section 2. Purpose The proceeds of the requested Borrowing shall be used for [insert purpose — e.g., refinancing of existing indebtedness under the Credit Agreement dated November 15, 2018 (as amended by that certain First Amendment to Credit Agreement dated June 30, 2020, and as further amended by that certain Second Amendment to Credit Agreement dated March 1, 2022), by and among the Borrower and Harborstone Nation
Section 3. Representations and Certifications
Medium
⚑ Liability cap to check against exposure
Section 3. Representations and Certifications (a) The Borrower hereby certifies to the Administrative Agent and each of the Lenders that, as of the date hereof and as of the Borrowing Date (both immediately before and immediately after giving effect to the requested Borrowing and to the application of the proceeds thereof): (i) Each of the conditions precedent set forth in Section 4.02 of the Credit Agreement (Condit
Section 4. Notices
Standard
⚑ Commercial term
Section 4. Notices The Borrower hereby requests that the Administrative Agent promptly notify each Lender of the contents of this Borrowing Request in accordance with Section 2.03(b) of the Credit Agreement, including the aggregate principal amount of the requested Borrowing, the Borrowing Date, the Type of Borrowing, and, if applicable, the Interest Period selected, so that each Lender may make its Pro Rata Share of
Section 5. Governing Law
Medium
⚑ Forum / governing law
Section 5. Governing Law This Borrowing Request shall be governed by, and construed and interpreted in accordance with, the laws of the State of New York, without regard to conflicts of law principles thereof (other than Sections 5-1401 and 5-1402 of the New York General Obligations Law). IN WITNESS WHEREOF, the undersigned Borrower has caused this Borrowing Request to be duly executed and delivered by its duly autho