Refinancing of Loans. The Borrower shall have the right, at any time, on three Business Days' prior irrevocable notice to the Agent (which notice, to be effective, must be received by the Agent not later than 1:00 p.m., New York City time, on the third Business Day preceding the date of any refinancing), (x) to refinance (without the satisfaction of the conditions set forth in Section 4 as a condition to such refinancing) any outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) with a Borrowing of Loans of the other Type or (y) to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period, subject to the following:
Refinancing of Loans. 23 SECTION 2.13 Mandatory Prepayment; Commitment Termination; Cash Collateral .............................. 24 SECTION 2.14 Optional Prepayment of Loans; Reimbursement of Banks ..................................... 25 SECTION 2.15 Reserve Requirements; Change in Circumstances ................................ 27 SECTION 2.16 Change in Legality ............................ 28 SECTION 2.17 Pro Rata Treatment, etc. ...................... 29 SECTION 2.18 Taxes ......................................... 29 SECTION 2.19 Fees .......................................... 32 SECTION 2.20 Commitment Fee ................................ 32 SECTION 2.21 Letter of Credit Fees ......................... 32 SECTION 2.22
Refinancing of Loans. The Borrowers shall have the right, at any time, on three (3) Business Days’ prior irrevocable notice to the Applicable Agent (and the Administrative Agent if the Administrative Agent is not the Applicable Agent) (which notice, to be effective, must be received by the Applicable Agent not later than 1:00 p.m., New York City time, on the third Business Day preceding the date of any refinancing), (x) to refinance any outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) with a Borrowing of Loans of the other Type or (y) to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period or to continue an outstanding Borrowing of Discount Rate Loans for an additional Contract Period, subject to the following:
Refinancing of Loans. Each Borrower shall have the right, at any time, on three Business Days' prior irrevocable notice to the Administrative Agent (which notice, to be effective, must be received by the Administrative Agent not later than 1:00 p.m., New York City time, on the third Business Day preceding the date of any refinancing), (x) to refinance (without the satisfaction of the conditions set forth in Article 4 as a condition to such refinancing) any outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) made to such Borrower with a Borrowing of Loans of the other Type to such Borrower or (y) to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period, subject to the following:
Refinancing of Loans. The Borrower shall have the right at any time, on two Business Days' prior irrevocable notice to the Administrative Agent (which notice, to be effective, must be received by the Administrative Agent not later than 1:00 p.m., Boston time, on the second Business Day preceding the date of any refinancing), (x)to refinance any outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) with a Borrowing of Loans of the other Type or (y)to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period, subject to the following:
Refinancing of Loans. The Borrower shall have the right, at any time, on three Business Days' prior irrevocable notice to the Agent (which notice, to be effective, must be received by the Agent not later than 11:00 a.m., Chicago time, on the third Business Day preceding the date of any refinancing), (x) to refinance any outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) with a Borrowing of Loans of the other Type or (y) to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period, subject to the following:
Refinancing of Loans. The Operating Partnership and FAC shall have no obligation to close the transactions contemplated hereby with respect to any Property (and the number of Units to be issued shall be adjusted accordingly) if the Operating Partnership determines that it is unable to obtain the consent of the holders of the Outstanding Debt Financing for such property to the assignment of the Interests in or sale of such Property on terms reasonably acceptable to the Board of Directors of FAC, including non-recourse provisions satisfactory to FAC in FAC's sole discretion.
Refinancing of Loans. The Borrowers shall have the -------------------- right, at any time, on three (3) Business Days' prior irrevocable notice from the Parent, on behalf of the Borrowers, to the Administrative Agent (which notice, to be effective, must be received by the Administrative Agent not later than 1:00 p.m., New York City time, on the third Business Day preceding the date of any refinancing), (x) to refinance (without the satisfaction of the conditions set forth in Section 4 as a condition to such refinancing) any --------- outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) with a Borrowing of Loans of the other Type or (y) to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period, subject to the following:
Refinancing of Loans. The Borrower shall have the right, at any time, on three (3) Business Days' prior irrevocable notice to the Paying Agent (which notice, to be effective, must be received by the Paying Agent not later than 1:00 p.m., New York City time, on the third Business Day preceding the date of any refinancing), (x) to refinance (without the satisfaction of the conditions set forth in Section 4 as a condition to such refinancing) any outstanding Borrowing or Borrowings of Loans of one Type (or a portion thereof) with a Borrowing of Loans of the other Type or (y) to continue an outstanding Borrowing of Eurodollar Loans for an additional Interest Period, subject to the following: as a condition to the refinancing of ABR Loans with Eurodollar Loans and to the continuation of Eurodollar Loans for an additional Interest Period, no Event of Default shall have occurred and be continuing at the time of such refinancing; if less than a full Borrowing of Loans shall be refinanced, such refinancing shall be made pro rata among the Lenders in accordance with the respective principal amounts of the Loans comprising such Borrowing held by the Lenders immediately prior to such refinancing; the aggregate principal amount of Loans being refinanced shall be at least $5,000,000, provided, that no partial refinancing of a Borrowing of Eurodollar Loans shall result in the Eurodollar Loans remaining outstanding pursuant to such Borrowing being less than $10,000,000 in aggregate principal amount; each Lender shall effect each refinancing by applying the proceeds of its new Eurodollar Loan or ABR Loan, as the case may be, to its Loan being refinanced; the Interest Period with respect to a Borrowing of Eurodollar Loans effected by a refinancing or in respect to the Borrowing of Eurodollar Loans being continued as Eurodollar Loans shall commence on the date of refinancing or the expiration of the current Interest Period applicable to such continuing Borrowing, as the case may be; a Borrowing of Eurodollar Loans may be refinanced only on the last day of an Interest Period applicable thereto; and each request for a refinancing with a Borrowing of Eurodollar Loans which fails to state an applicable Interest Period shall be deemed to be a request for an Interest Period of one month.
Refinancing of Loans. (a) During the period beginning on the Closing Date and continuing to the date that is 180 days after the Closing Date, the Borrower will not offer, sell, contract to sell or otherwise incur, any Indebtedness (whether secured or unsecured), the proceeds of which are used (directly or indirectly) to repay or refinance the Loans under this Agreement in a manner inconsistent with the Commitment Letter, the Fee Letter and the Engagement Letter (as defined in the Commitment Letter) without the prior written consent of the Joint Lead Arrangers.
