Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows: (i) if such Loans are Base Rate Loans, such Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and (ii) if such Loans are Eurodollar Loans, such Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 or any larger multiple of $1,000,000.
Appears in 4 contracts
Sources: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000.
Appears in 3 contracts
Sources: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 2.05 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d2.06(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon P.M. on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000.
Appears in 3 contracts
Sources: Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 500,000 or any larger multiple of $1,000,000100,000.
Appears in 2 contracts
Sources: Credit Agreement (Medassets Inc), Credit Agreement (Medassets Inc)
Continuation and Conversion Options. The Loans included in each Revolving Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the applicable Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest PeriodPeriod or in the case of Eurodollar Loans denominated in Dollars, elect to convert such Loans to Base Rate Loans, in each case subject to Section 3.05 in the case of if any such continuation or conversion or continuation is effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 A-3 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable any Borrower, to the Administrative Agent not later than 12:00 Noon p.m. on the third Business Day (or the fourth Business Day in the case of Eurodollar Loans denominated in an Alternative Currency) before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000.
Appears in 2 contracts
Sources: Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section SECTION 2.06 and as specified by the applicable Borrower Company in the applicable Notice of Borrowing. Thereafter, such Borrower the Company shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article ARTICLE III and Section SUBSECTION 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such Borrower the Company may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such Borrower the Company may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section SECTION 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit EXHIBIT A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension"NOTICE OF EXTENSION/Conversion”CONVERSION") (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable BorrowerCompany, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided PROVIDED that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 500,000 or any larger multiple of $1,000,000100,000.
Appears in 2 contracts
Sources: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 or any larger multiple of $1,000,000.
Appears in 2 contracts
Sources: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business DayDay on and after the Syndication Date, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 2,000,000 or any larger multiple of $1,000,000500,000.
Appears in 2 contracts
Sources: Credit Agreement (Central Credit, LLC), Credit Agreement (Global Cash Access, Inc.)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, option to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect pursuant to a Notice of Extension/Conversion to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be or by telephone if promptly confirmed in writing)by a Notice of Extension/Conversion, which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third second Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000100,000.
Appears in 2 contracts
Sources: Credit Agreement (Hillman Companies Inc), Credit Agreement (Hillman Companies Inc)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, option to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect pursuant to a Notice of Extension/Conversion to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “"Notice of Extension/Conversion”") (which may be or by telephone if promptly confirmed in writing)by a Notice of Extension/Conversion, which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third second Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000100,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 or any larger multiple of $1,000,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of any Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Dollar denominated Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may (x) in the case of Dollar denominated Eurodollar Loans, elect to convert such Loans to Base Rate Loans or (y) in the case of any Eurodollar Loans, elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Except to the extent required by Section 3.03, Foreign Currency Loans may not be converted to Euro denominated Base Rate Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective; provided, however, that if the Borrower wishes to request to continue Loans as Eurodollar Loans or convert Loans to Eurodollar Loans in either case having an Interest Period other than one, two, three or six months in duration as provided in the definition of “Interest Period,” then the applicable Notice of Extension/Conversion must be received by the Administrative Agent not later than 11:00 A.M. on the fourth Business Day before the conversion or continuation selected in such notice is to be effective, whereupon the Administrative Agent shall (i) give prompt notice to the Lenders having Commitments or Loans of the applicable Class and determine whether the requested Interest Period is acceptable to all of them and (ii) notify the Borrower not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all of the Lenders having Commitments or Loans of the applicable Class. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising subject to such Group Notice and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each (x) in the case of Dollar denominated Loans, $5,000,000 2,000,000 or any larger multiple of $1,000,000500,000 or (y) in the case of Foreign Currency Loans, €2,000,000 or any larger multiple of €500,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 SECTION 2.07 and as specified by the applicable relevant Borrower in the applicable Notice of Borrowing. Thereafter, such the relevant Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans or Credit Extensions (subject in each case to the provisions of Article III ARTICLE III, SECTIONS 2.07(a) and Section 2.07(d2.08(d)), as follows:
(i) if such Loans are Base Rate Loans, such the relevant Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and;
(ii) if such Loans are Eurodollar Loans, such the relevant Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section SECTION 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans;
(iii) if such Loans are Eurodollar Loans, the relevant Borrower may elect to convert such loans to Base Rate Loans, subject to SECTION 3.05 in the case of any such conversion effective on any day other than the last day of the then current Interest Period applicable to such Loans;
(iv) if such Loans are C$ Prime Loans, the Parent Borrower may elect to convert such Loans to Bankers' Acceptances; and
(v) the Parent Borrower may elect to convert Bankers' Acceptances to C$ Prime Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by EXHIBIT A-1 hereto, in the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer case of the applicable U.S. Borrower, or substantially in the form of EXHIBIT A-2 hereto, in the case of the Parent Borrower (a “Notice of Extension"NOTICE OF EXTENSION/Conversion”) (CONVERSION," which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable relevant Borrower, to the Term B Administrative Agent (in the case of Term B Loans) and the Canadian Administrative Agent (in the case of U.S. Revolving Loans, Canadian Revolving Loans, Term A Loans and Bankers' Acceptances) not later than 12:00 Noon 10:00 A.M. (local time in the applicable Administrative Office) on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of LoansLoans and/or the amount of Bankers' Acceptances; provided PROVIDED that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 (A) C$1,000,000 (and larger multiples of C$1,000,000 in excess thereof), in the case of conversions to or from Bankers' Acceptances, (B) C$1,000,000 (and larger multiples of C$1,000,000), in the case of conversions to C$ Prime Loans and (C) in all other cases, US$2,000,000 or any larger multiple of $1,000,000US$500,000. Notwithstanding the foregoing, a Borrower may not (i) elect to convert the currency in which any Loan is denominated, (ii) elect to convert any C$ Prime Loan to a Bankers' Acceptance while any Default or Event of Default has occurred and is continuing or (iii) elect to convert any Bankers' Acceptance to a C$ Prime Loan on any date other than the maturity date for such Bankers' Acceptance.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, option to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect pursuant to a Notice of Extension/Conversion to convert such Loans to Eurodollar Eurocurrency Loans as of any Business Day; and;
(ii) if such Loans are Eurodollar Eurocurrency Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Eurocurrency Loans for an additional Interest Period, subject to Section 3.05 in the case of any such continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans; and
(iii) if such Loans are Eurocurrency Loans denominated in Dollars, the Borrower may elect to convert such loans to Base Rate Loans, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by or telephone if notice promptly confirmed in writingby a Notice of Extension/Conversion), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000100,000. Notwithstanding the foregoing, the Borrower may not (i) elect to convert the currency in which any Loan is denominated or (ii) elect to convert any Multi-Currency Revolving Loan from a Eurocurrency Loan to a Base Rate Loan.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such thesuch Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such thesuch Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such thesuch Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 or any larger multiple of $1,000,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon P.M. on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each $5,000,000 500,000 or any larger multiple of $1,000,000100,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section SECTION 2.06 and as specified by the applicable Borrower Company in the applicable Notice of Borrowing. Thereafter, such Borrower the Company shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article ARTICLE III and Section 2.07(dSUBSECTION 2.07(D)), as follows:
(i) if such Loans are Base Rate Loans, such Borrower the Company may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such Borrower the Company may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section SECTION 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit EXHIBIT A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension"NOTICE OF EXTENSION/Conversion”CONVERSION") (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable BorrowerCompany, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided PROVIDED that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 500,000 or any larger multiple of $1,000,000100,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 500,000 or any larger multiple of $1,000,000100,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day (or the fifth Business Day in the case of Eurodollar Loans denominated in Yen or the fourth Business Day in the case of Eurodollar Loans denominated in any other Alternative Currency) before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business DayDay on and after the Syndication Date, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each $5,000,000 2,000,000 or any larger multiple of $1,000,000500,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon P.M. on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each Extension/Conversion applies is $5,000,000 500,000 or any larger multiple of $1,000,000100,000.
Appears in 1 contract
Sources: Credit Agreement (Teladoc, Inc.)
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective; provided, however, that if the Borrower wishes to request to continue Loans as Eurodollar Loans or convert Loans to Eurodollar Loans in either case having an Interest Period other than one, two, three or six months in duration as provided in the definition of “Interest Period”, then the applicable Notice of Extension/Conversion must be received by the Administrative Agent not later than 11:00 A.M. on the fourth Business Day before the conversion or continuation selected in such notice is to be effective, whereupon the Administrative Agent shall (i) give prompt notice to the Lenders having Commitments or Loans of the applicable Class and determine whether the requested Interest Period is acceptable to all of them and (ii) notify the Borrower not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all of the Lenders having Commitments or Loans of the applicable Class. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each $5,000,000 2,000,000 or any larger multiple of $1,000,000500,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type Type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, option to elect to change or continue the type Type of interest rate borne by each Group of Loans Loan (subject in each case to the provisions of Article III and Section subsection 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect pursuant to a Notice of Extension/Conversion to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be or by telephone if promptly confirmed in writing)by a Notice of Extension/Conversion, which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third second Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000100,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Revolving Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the applicable Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest PeriodPeriod or in the case of Eurodollar Loans denominated in Dollars, elect to convert such Loans to Base Rate Loans, in each case subject to Section 3.05 in the case of if any such continuation or conversion or continuation is effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable any Borrower, to the Administrative Agent not later than 12:00 Noon P.M. on the third Business Day (or the fourth Business Day in the case of Eurodollar Loans denominated in an Alternative Currency) before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing applies, and the remaining portion to which it does not apply, are each $5,000,000 1,000,000 or any larger multiple of $1,000,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of Loans (subject in each case to the provisions of Article III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may elect to convert such Loans to Base Rate Loans or elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon P.M. on the third Business Day before the conversion or continuation selected in such notice is to be effective. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising such Group and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each $5,000,000 […***…] or any larger multiple of $1,000,000[…***…].
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of any Loans (subject in each case to the provisions of Article ARTICLE III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Dollar denominated Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may (x) in the case of Dollar denominated Eurodollar Loans, elect to convert such Loans to Base Rate Loans or (y) in the case of any Eurodollar Loans, elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Except to the extent required by Section 3.03, Foreign Currency Loans may not be converted to Euro denominated Base Rate Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective; provided, however, that if the Borrower wishes to request to continue Loans as Eurodollar Loans or convert Loans to Eurodollar Loans in either case having an Interest Period other than one, two, three or six months in duration as provided in the definition of “Interest Period,” then the applicable Notice of Extension/Conversion must be received by the Administrative Agent not later than 11:00 A.M. on the fourth Business Day before the conversion or continuation selected in such notice is to be effective, whereupon the Administrative Agent shall (i) give prompt notice to the Lenders having Commitments or Loans of the applicable Class and determine whether the requested Interest Period is acceptable to all of them and (ii) notify the Borrower not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all of the Lenders having Commitments or Loans of the applicable Class. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising subject to such Group Notice and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each (x) in the case of Dollar denominated Loans, $5,000,000 2,000,000 or any larger multiple of $1,000,000500,000 or (y) in the case of Foreign Currency Loans, €2,000,000 or any larger multiple of €500,000.
Appears in 1 contract
Continuation and Conversion Options. The Loans included in each Borrowing shall bear interest initially at the type of rate allowed by Section 2.06 and as specified by the applicable Borrower in the applicable Notice of Borrowing. Thereafter, such the Borrower shall have the option, on any Business Day, to elect to change or continue the type of interest rate borne by each Group of any Loans (subject in each case to the provisions of Article ARTICLE III and Section 2.07(d)), as follows:
(i) if such Loans are Base Rate Loans, such the Borrower may elect to convert such Loans to Dollar denominated Eurodollar Loans as of any Business Day; and
(ii) if such Loans are Eurodollar Loans, such the Borrower may (x) in the case of Dollar denominated Eurodollar Loans, elect to convert such Loans to Base Rate Loans or (y) in the case of any Eurodollar Loans, elect to continue such Loans as Eurodollar Loans for an additional Interest Period, subject to Section 3.05 in the case of any such conversion or continuation effective on any day other than the last day of the then current Interest Period applicable to such Loans. Except to the extent required by Section 3.03, Foreign Currency Loans may not be converted to Euro denominated Base Rate Loans. Each such election shall be made by delivering a notice, substantially in the form of Exhibit A-2 hereto or such other form as may be approved by the Administrative Agent (including any form on an electronic platform or electronic transmission system as shall be approved by the Administrative Agent), appropriately completed and signed by a Responsible Officer of the applicable Borrower (a “Notice of Extension/Conversion”) (which may be by telephone if promptly confirmed in writing), which notice shall not thereafter be revocable by the applicable Borrower, to the Administrative Agent not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective; provided, however, that if the Borrower wishes to request to continue Loans as Eurodollar Loans or convert Loans to Eurodollar Loans in either case having an Interest Period other than one, two, three or six months in duration as provided in the definition of “Interest Period,” then the applicable Notice of Extension/Conversion must be received by the Administrative Agent not later than 11:00 a.m. on the fourth Business Day before the conversion or continuation selected in such notice is to be effective, whereupon the Administrative Agent shall (i) give prompt notice to the Lenders having Commitments or Loans of the applicable Class and determine whether the requested Interest Period is acceptable to all of them and (ii) notify the Borrower not later than 12:00 Noon on the third Business Day before the conversion or continuation selected in such notice is to be effective (which notice may be by telephone) whether or not the requested Interest Period has been consented to by all of the Lenders having Commitments or Loans of the applicable Class. A Notice of Extension/Conversion may, if it so specifies, apply to only a portion of the aggregate principal amount of the relevant Group of Loans; provided that (i) such portion is allocated ratably among the Loans comprising subject to such Group Notice and (ii) the portion to which such Notice of Borrowing Extension/Conversion applies, and the remaining portion to which it does not apply, are each (x) in the case of Dollar denominated Loans, $5,000,000 2,000,000 or any larger multiple of $1,000,000500,000 or (y) in the case of Foreign Currency Loans, €2,000,000 or any larger multiple of €500,000.
Appears in 1 contract