Common use of Selection of Interest Periods and Terms Clause in Contracts

Selection of Interest Periods and Terms. (a) The Borrower may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan must be delivered to the Agent by the Borrower not later than the Specified Time and, following the Specified Time, is irrevocable. (c) If the Borrower fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period for the applicable Loan will be three (3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) above. (d) Subject to this Clause 11.1 and paragraph (f) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1), three (3) or six (6) Months in respect of a Loan; or (ii) such other period agreed between the Borrower and the Agent (acting on the instructions of all of the Lenders (acting reasonably) in relation to the relevant Loan). (e) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) The Borrower may select an Interest Period other than as set out in paragraph (d) above, if necessary or desirable: (i) to align an Interest Period to a Quarter Date or the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate).

Appears in 1 contract

Sources: Senior Facilities Agreement (Atlas Investissement)

Selection of Interest Periods and Terms. (a) The A Borrower (or the Obligors’ Agent on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Subject to this Clause 11, a Borrower (or the Obligors’ Agent) may select an Interest Period of one, two, three or six Months or any other period agreed between the Obligors’ Agent and the Facility Agent (acting on the instructions of all the Lenders). (c) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Obligors’ Agent on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time and, following the Specified Time, is irrevocable. (cd) If a Borrower (or the Borrower Obligors’ Agent) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (bc) above, the relevant Interest Period for the applicable Loan will will, subject to Clause 11.2 (Changes to Interest Periods), be three (3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) above. (d) Subject to this Clause 11.1 and paragraph (f) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1), three (3) or six (6) Months in respect of a Loan; or (ii) such other period agreed between the Borrower and the Agent (acting on the instructions of all of the Lenders (acting reasonably) in relation to the relevant Loan)Months. (e) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its FacilityFinal Maturity Date. (f) Each Interest Period for a Term Loan shall start on the Utilisation Date or (if a Loan has already been made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) The Borrower Prior to the Syndication Date, Interest Periods shall be one month or such other period as the Facility Agent and the Obligors’ Agent may select an agree and any Interest Period other than as set out in paragraph (d) above, if necessary which would otherwise end during the month preceding or desirable: (i) to align an Interest Period to a Quarter extend beyond the Syndication Date or shall end on the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate)Syndication Date.

Appears in 1 contract

Sources: Facility Agreement (Yell Finance Bv)

Selection of Interest Periods and Terms. (a) The Borrower An Issuer (or the Company on behalf of an Issuer) may select an Interest Period for a Loan an issuance of Notes in the Utilisation Subscription Request for that Loan issuance or (if the Loan is a Term Loan and Note issuance has already been borrowedissued) in a Selection Notice. (b) Each Selection Notice for a Term Loan an issuance of Notes is revocable at the option of the relevant Issuer (or the Company on behalf of the relevant Issuer) and must be delivered to the Agent by the Borrower relevant Issuer (or the Company on behalf of the relevant Issuer) not later than the Specified Time and, following the Specified Time, is irrevocable. (c) Each Selection Notice may only be revoked up to three (3) Business Days (by no later than 11.00 a.m. on that day) prior to the first day of the Interest Period. (d) If an Issuer (or the Borrower fails to Company on its behalf) does not deliver a Selection Notice to the Agent in accordance with paragraph (b‎(b) above, the relevant Interest Period for the applicable Loan issuance of Notes will be be: (i) if paragraph (ii) below applied in respect of the previous Interest Period for that issuance of Notes, three (3) Months Months; (ii) otherwise, the same length as the previous Interest Period for that issuance of Notes; or (iii) if the issuance of Notes are issued in a Compounded Rate Currency, the period specified in respect of that currency in the applicable Reference Rate Terms unless the Utilisation Subscription Request or the previous Selection Notice for the relevant Loan issuance of Notes selects an Interest Period which is stated to apply until the Borrower relevant Issuer (or the Company on behalf of that Issuer) selects a different Interest Period in accordance with paragraph (a‎(a) above. (de) Subject to this Clause 11.1 and paragraph ‎‎13, an Issuer (for the Company) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1), three (3) or six (6) Months an issuance of Notes of any period specified in respect of a Loan; the applicable Reference Rate Terms or (iiif there are no applicable Reference Rate Terms) such 1, 3 or 6 Months for that issuance of Notes or any other period agreed between the Borrower and Company, the Agent (acting on and all the instructions of all of the Lenders (acting reasonably) Noteholders in relation to the relevant LoanNote or any other period (of less than 6 Months): (i) if necessary or desirable to implement or facilitate any hedging in relation to the Notes or any payment thereunder; (ii) to align an Interest Period to a Quarter Date or the last calendar day or the last Business Day of any Month; (iii) to align an Interest Period with an Interest Period for any other issuance of Notes; or (iv) if necessary or desirable to facilitate the redemption of the Notes in full (including in connection with a Change of Control). (ef) An Interest Period for a Loan an issuance of Notes shall not extend beyond the Termination Date applicable to its FacilitySeries. (fg) Each Interest Period for a Term Loan an issuance of Notes shall start on the Utilisation Subscription Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) The Borrower may select an Interest Period other than as set out in paragraph (d) above, if necessary or desirable: (i) to align an Interest Period to a Quarter Date or the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate).

Appears in 1 contract

Sources: Senior Notes Purchase Agreement (Inspired Entertainment, Inc.)

Selection of Interest Periods and Terms. (a) The A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Loan was made not later than 11.00 a.m. on the Specified Time and, following 5th Business Day prior to the Specified Time, is irrevocablecommencement of the next Interest Period. (c) If a Borrower (or the Borrower Company) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period for the applicable Loan will will, subject to Clause 11.2 (Changes to Interest Periods), be three (3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) aboveone Month. (d) Subject to this Clause 11.1 and paragraph 11, a Borrower (for the Company) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1)one, two, three (3) or six (6) Months in respect of a Loan; or (ii) such any other period agreed between the Borrower Company and the Agent (acting on the instructions of all of the Lenders (acting reasonably) in relation to the relevant LoanLenders). (e) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has Prior to the Syndication Date, Interest Periods shall be one month or such other period as the Agent and the Company may agree and any Interest Period onlywhich would otherwise end during the month preceding or extend beyond the Syndication Date shall end on the Syndication Date. (h) The Borrower may select an Interest Period other than as set out in paragraph (d) above, if necessary or desirable: (i) to align an Interest Period to a Quarter Date or the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate).

Appears in 1 contract

Sources: Senior Facilities Agreement (Melco PBL Entertainment (Macau) LTD)

Selection of Interest Periods and Terms. (a) The A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the Borrower) to which that Loan was made not later than the Specified Time and, following (or such later time as the Specified Time, is irrevocableFacility Agent may agree). (c) If a Borrower (or the Borrower Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period for the applicable Loan will be three (3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) aboveone Month. (d) Subject to this Clause 11.1 and paragraph 12, a Borrower (for the Company) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1)one, two, three (3) or six (6) Months in respect of a Loan; or (ii) such any other period agreed between the Borrower (or the Company) and the Facility Agent (acting on the instructions of the Majority Lenders if such period is less than six Months or acting on the instructions of all the Lenders if such period is more than six Months). In addition a Borrower (or the Company on its behalf) may select an Interest Period of: (i) a period necessary to ensure that the Loans under the Facility are to be redenominated in accordance with Clause 6.2 (Redenomination) have an interest period ending on the Redenomination Date for the Facility; or (ii) a period necessary to ensure that the last day of the Lenders (acting reasonably) in relation to relevant Interest Period matches any relevant payments under the relevant Loan)Hedging Agreements. (e) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) The Borrower may select an Interest Period other than as set out in paragraph (d) above, if necessary or desirable: (i) to align an Interest Period to a Quarter Date or the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate).

Appears in 1 contract

Sources: Mezzanine Facility Agreement (NDS Group PLC)

Selection of Interest Periods and Terms. (a) The Borrower may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan must be delivered to the Agent by the Borrower not later than the Specified Time and, following the Specified Time, is irrevocable. (c) If the Borrower fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period for the applicable Loan will be three (3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) above. (d) Subject to this Clause 11.1 and paragraph (f) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1), three (3) or six (6) Months in respect of a Loan; or (ii) such other period agreed between the Borrower and the Agent (acting on the instructions of all of the Lenders (acting reasonably) in relation to the relevant Loan). (e) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) The Borrower may select an Interest Period other than as set out in paragraph (d) above, if necessary or desirable: (i) to align an Interest Period to a Quarter Date or the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate).

Appears in 1 contract

Sources: Senior Facilities Agreement (Atlas Investissement)

Selection of Interest Periods and Terms. (a) The A Borrower (or the Parent on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the relevant Agent by the Borrower (or the Parent on behalf of the Borrower) not later than the Specified Time and, following the Specified Time, is irrevocable. (c) If a Borrower (or the Borrower Parent) fails to deliver a Selection Notice to the relevant Agent in accordance with paragraph (b) above, the relevant Interest Period for the applicable Loan will be three (3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) aboveone Month. (d) Subject to this Clause 11.1 and paragraph 15, a Borrower (for the Parent) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1)one, two, three (3) or six (6) Months in respect of a Loan; or (ii) such any other period agreed between the Borrower Parent and the Agent (acting on the instructions of all of the Lenders (acting reasonably) in relation to the relevant LoanLenders). (e) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its FacilityDate. (f) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) The Borrower Prior to the Syndication Date, Interest Periods shall be one month (or such other period as the Mandated Lead Arrangers may select an determine in consultation with the Parent in order to assist syndication) and any Interest Period other than as set out in paragraph (d) above, if necessary which would otherwise end during the month preceding or desirable: (i) to align an Interest Period to a Quarter extend beyond the Syndication Date or shall end on the last calendar day or last Business Day of any Month; (ii) to align an Interest Period with an Interest Period for any other Loan then outstanding or to an interest or coupon payment date in respect of or any Permitted Indebtedness; (iii) to implement or facilitate any hedging in relation to any of the Facilities or any payment thereunder; or (iv) to facilitate a consolidation of Loans, Facilities or tranches in accordance with Clause 11.3 (Consolidation and division of Term Loans) or a Benchmark Rate Change in accordance with Clause 36.8 (Replacement of Screen Rate)Syndication Date.

Appears in 1 contract

Sources: Term and Revolving Facilities Agreement (International Textile Group Inc)