Selection of currency. (a) A Borrower shall select the currency of a 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 it) in a Selection Notice. (b) If 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 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 that 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: Facility Agreement (Allied Healthcare International Inc), Facility Agreement (Allied Healthcare International Inc)
Selection of currency. (a) A Borrower (or the Obligors’ Agent on behalf of a Borrower) shall select the currency of a LoanUtilisation:
(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, in each case subject to compliance with clause 10.4 (Maximum number of Utilisations).
(b) If a Borrower (or the Obligors’ Agent 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 Obligors’ Agent 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 that 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.
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Selection of currency. (a) A The Borrower shall select the currency of a 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 the Borrower fails to issue a Selection Notice or fails to select the currency of a Loan in 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 the 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 that 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: Dual Currency Term Facility Agreement (Xstrata PLC)
Selection of currency. (a) 10.1.1 A Borrower (or the Company on behalf of a Borrower) shall select the currency of a Loan:
(iA) (in the case of an initial Utilisation) in a Utilisation RequestRequest for that Loan; and
(iiB) (afterwards in relation to a Facility A after that Loan has been made to it) in a Selection Notice.
(b) 10.1.2 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) 10.1.3 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 that 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: Junior Credit Agreement (Endeavour International Corp)
Selection of currency. (a) A Borrower shall select the currency of a Loan:
(i) (in the case of an initial Utilisation) in a the Utilisation Request; and
(ii) (afterwards in relation to a Facility A Term Loan made to itafter the initial Utilisation) in a Selection Notice.
(b) If a Borrower fails to issue a Selection Notice in relation to a Facility A Term 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 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 that 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.
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