Common use of Selection of currency Clause in Contracts

Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of a Utilisation: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwards in relation to a Facility A Loan made to it) in a Selection Notice. (b) If a Borrower (or the Company on behalf of a Borrower) fails to issue a Selection Notice in relation to a Facility A Loan, the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 2 contracts

Sources: Secured Facilities Agreement (Solutia Inc), Secured Facilities Agreement (Solutia Inc)

Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of a Utilisation: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwards in relation to a Facility A Loan made to it) in a Selection Notice. (b) If a Borrower (or the Company on behalf of a Borrower) fails to issue a Selection Notice in relation to a Facility A Loan, the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 2 contracts

Sources: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG)

Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of a Utilisationthe Loan: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwards in relation to a Facility A Loan made to itafterwards) in a Selection Notice. (b) If a Borrower (or the Company on behalf of a Borrower) fails to issue a Selection Notice in relation to a Facility A Loan, it shall be deemed to have requested that the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Facility Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 2 contracts

Sources: Multicurrency Loan Facility Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)

Selection of currency. (a) A The Borrower (or the Company on behalf of a Borrower) shall select the currency of a UtilisationLoan: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwards in relation to a Facility A Term Loan made to it) in a Selection Notice, in each case delivered by the Specified Time. (b) If a the Borrower (or the Company on behalf of a Borrower) fails to issue a Selection Notice in relation to a Facility A Loan, the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) . If a the Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the then existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 2 contracts

Sources: Acquisition Facilities Agreement (Cemex Sa De Cv), Acquisition Facilities Agreement (Cemex Sab De Cv)

Selection of currency. (a) A Borrower (or the Company Parent on behalf of a Borrower) shall select the currency of a UtilisationLoan: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwards in relation to a Facility A Loan made to it) in a Selection Notice. (b) If a Borrower (or the Company Parent on behalf of a Borrower) fails to issue a Selection Notice in relation to a Facility A Loan, the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company Parent on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new other currency, the Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 1 contract

Sources: Facility Agreement (Gold Fields LTD)

Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of a Utilisation: (i) (Facility A1 Loan or a Revolving Loan, Letter of Credit or Bank Guarantee in the case of an initial Utilisation) Utilisation in a Utilisation Request; and (ii) (afterwards Request and afterwards, in relation to a Facility A A1 Loan made to it) , in a Selection Notice. (b) If a the Borrower (or the Company on behalf of a Borrower) fails to issue select the currency in a Selection Notice in relation to a Facility A A1 Loan, the such Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a the Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Agent shall promptly notify the Borrower and the Lenders and the Facility A1 Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 1 contract

Sources: Secured Facilities Agreement (Grohe Holding GMBH)