Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a), the Administrative Agent shall promptly so notify the Lenders and the Borrower thereof, and in the case of an event specified in Section 2.11(b), such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (i) the Lenders, in the case of such notice given by the Administrative Agent, or (ii) such Lender, in the case of such notice given by such Lender, to fund, and the right of the Borrower to select, convert or renew, a Loan accruing Interest by reference to the Term SOFR Rate shall be suspended (to the extent of the affected Interest Periods) until the Administrative Agent shall have later notified the Borrower, or such Lender shall have later notified the Administrative Agent and the Borrower, of the Administrative Agent’s or such Lxxxxx’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(a) or (b), (A) if the Borrower has delivered a Borrowing Request for an affected Loan that has not yet been made, such Borrowing Request shall be deemed to have requested a Loan accruing Interest at the Base Rate and (B) any outstanding affected Loan (or portion thereof) shall be deemed to have been converted into a Loan accruing Interest at the Base Rate at the end of the applicable Interest Period; provided that the Borrower may revoke any such Borrowing Request (without penalty) prior to the borrowing of such Loan upon written notice to the Administrative Agent.
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Samples: Receivables Loan and Servicing Agreement (NRG Energy, Inc.), Receivables Loan and Servicing Agreement (NRG Energy, Inc.)
Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)4.7(a) above, the Administrative Agent shall promptly so notify the Lenders and the Borrower Borrowers thereof, and in the case of an event specified in Section 2.11(b)4.7(b) above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Borrowers.
(i) Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (i) the Lenders, in the case of such notice given by the Administrative Agent, or (ii) such Lender, in the case of such notice given by such Lender, to fund, and allow the right of the Borrower Borrowers to select, convert to or renew, renew a Loan accruing under the affected Interest by reference to the Term SOFR Rate Option in each such Currency shall be suspended (to the extent of the affected Interest Rate Option, or the applicable Interest Periods) until the Administrative Agent shall have later notified the BorrowerBorrowers, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s or such Lxxxxx’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. .
(ii) If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(a) or (bSection 4.7(a), (Aa) if the Borrower has delivered a Borrowing Request for Borrowers have previously notified Administrative Agent of its selection of, conversion to or renewal of an affected Loan that Interest Rate Option, and such Interest Rate Option has not yet been madegone into effect, such Borrowing Request notification shall (i) with regard to any such pending request for Loans denominated in Dollars, be deemed to have requested a Loan accruing Interest at provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans in the amount specified therein and (Bii) with regard to any such pending request for Loans denominated in an Alternative Currency, be deemed ineffective (in each case to the extent of the affected Interest Rate Option, or the applicable Interest Periods), (b) any outstanding affected Loan (or portion thereof) Loans denominated in Dollars shall be deemed to have been converted into a Loan accruing Interest Base Rate Loans immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period, and (c) any outstanding affected Loans denominated in an Alternative Currency shall, at the Borrowers’ election, either be converted into Base Rate Loans denominated in Dollars (in an amount equal to the Dollar Equivalent of such Alternative Currency) immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period or prepaid in full immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period; provided provided, however that absent notice from the Borrower may revoke any Borrowers of conversion or prepayment, such Borrowing Request Loans shall automatically be converted to Base Rate Loans (without penalty) prior in an amount equal to the borrowing Dollar Equivalent of such Loan upon written notice Alternative Currency).
(iii) If any Lender notifies Administrative Agent of a determination under Section 4.7(b), the Borrowers shall, subject to the Administrative AgentBorrowers’ indemnification obligations under Section 11.3, as to any Loan of the Lender to which an affected Interest Rate Option applies, on the date specified in such notice either convert such Loan to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Alternative Currency, in an amount equal to the Dollar Equivalent of such Alternative Currency) or prepay such Loan in accordance with Section 3.4(a). Absent due notice from the Borrowers of conversion or prepayment, such Loan shall automatically be converted to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Alternative Currency, in an amount equal to the Dollar Equivalent of such Alternative Currency) upon such specified date.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Golub Capital BDC 4, Inc.)
Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)4.4.1 [Unascertainable; Increased Costs; Deposits Not Available] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower Borrowing Agent thereof, and in the case of an event specified in Section 2.11(b)4.4.2 [Illegality] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Borrowing Agent.
4.4.3.1 Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (i) the Lenders, in the case of such notice given by the Administrative Agent, or (ii) such Lender, in the case of such notice given by such Lender, to fund, and allow the right of the Borrower Borrowing Agent to select, convert to or renew, renew a Loan accruing under the affected Interest by reference to the Term SOFR Rate Option in each such currency shall be suspended (to the extent of the affected Interest Periods) Rate Option until the Administrative Agent shall have later notified the Borrower, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s or such Lxxxxx’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. .
4.4.3.2 If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(a) or Section 4.4.1 [Unascertainable; Increased Costs; Deposits Not Available] (b), (Aa) if the Borrower Borrowing Agent has delivered previously notified the Administrative Agent of its selection of or renewal of a Borrowing Request for an affected Loan that Interest Rate Option, and such Interest Rate Option has not yet been madegone into effect, such Borrowing Request notification shall (i) with regard to any such pending request for Loans denominated in Dollars, be deemed to have requested a Loan accruing Interest at provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans in the amount specified therein and (Bii) with regard to any such pending request for Loans denominated in an Alternative Currency, be deemed ineffective (in each case to the extent of the affected Interest Rate Option, (b) any outstanding affected Loan (or portion thereof) Loans denominated in Dollars shall be deemed to have been converted into Base Rate Loans immediately, and (c) any outstanding affected Loans denominated in an Alternative Currency shall, at the Borrowing Agent’s election, either be converted into Base Rate Loans denominated in Dollars (in an amount equal to the Dollar Equivalent of such Alternative Currency) immediately or prepaid in full immediately; provided, however that absent notice from the Borrowing Agent of conversion or prepayment, such Loans shall automatically be converted to Base Rate Loans (in an amount equal to the Dollar Equivalent of such Alternative Currency).
4.4.3.3 If any Lender notifies the Administrative Agent of a determination under Section 4.4.2 [Illegality], the Borrowing Agent shall, as to any Loan accruing of the Lender to which an affected Interest at Rate Option applies, on the date specified in such notice either convert such Loan to the Base Rate at the end of the applicable Interest Period; provided that the Borrower may revoke any Option otherwise available with respect to such Borrowing Request Loan (without penalty) prior which shall be, with respect to Loans denominated in an Alternative Currency, in an amount equal to the borrowing Dollar Equivalent of such Alternative Currency) or prepay such Loan upon written in accordance with Section 5.6 [Voluntary Prepayments]. Absent due notice from the Borrowing Agent of conversion or prepayment, such Loan shall automatically be converted to the Administrative AgentBase Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Alternative Currency, in an amount equal to the Dollar Equivalent of such Alternative Currency) upon such specified date.
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Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)4.4(a) [Unascertainable; Increased Costs; Deposits Not Available] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower Borrowers thereof, and in the case of an event specified in Section 2.11(b)4.4(b) [Illegality] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Borrowers.
(i) Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (i) the Lenders, in the case of such notice given by the Administrative Agent, or (ii) such Lender, in the case of such notice given by such Lender, to fund, and allow the right of the Borrower Borrowers to select, convert to or renew, renew a Loan accruing under the affected Interest by reference to the Term SOFR Rate Option in each such Currency shall be suspended (to the extent of the affected Interest Rate Option, or the applicable Interest Periods) until the Administrative Agent shall have later notified the BorrowerBorrowers, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s or such Lxxxxx’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. .
(ii) If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(aSection 4.4(a) [Unascertainable; Increased Costs; Deposits Not Available] (a) if a Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a an affected Interest Rate Option, and such Interest Rate Option has not yet gone into effect, such notification shall (bi) with regard to any such pending request for Loans denominated in Dollars, be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans in the amount specified therein and (ii) with regard to any such pending request for Loans denominated in an Alternative Currency, be deemed ineffective (in each case to the extent of the affected Interest Rate Option, or the applicable Interest Periods), (A) if the Borrower has delivered a Borrowing Request for an affected Loan that has not yet been made, such Borrowing Request shall be deemed to have requested a Loan accruing Interest at the Base Rate and (Bb) any outstanding affected Loan (or portion thereof) Loans denominated in Dollars shall be deemed to have been converted into a Loan accruing Interest Base Rate Loans immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period, and (c) any outstanding affected Loans denominated in an Alternative Currency shall, at any Borrower’s election, either be converted into Base Rate Loans denominated in Dollars (in an amount equal to the Dollar Equivalent of such Alternative Currency) immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period or prepaid in full immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period; provided provided, however that the absent notice from a Borrower may revoke any of conversion or prepayment, such Borrowing Request Loans shall automatically be converted to Base Rate Loans (without penalty) prior in an amount equal to the borrowing Dollar Equivalent of such Alternative Currency).
(iii) If any Lender notifies the Administrative Agent of a determination under Section 4.4(b) [Illegality], the Borrowers shall, subject to each Borrower’s indemnification Obligations under Section 5.10 [Indemnity], as to any Loan upon written notice of the Lender to which an affected Interest Rate Option applies, on the date specified in such notice, either convert such Loan to the Administrative AgentBase Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Alternative Currency, in an amount equal to the Dollar Equivalent of such Alternative Currency) or prepay such Loan in accordance with Section 5.2 [Voluntary Prepayments]. Absent due notice from a Borrower of conversion or prepayment, such Loan shall automatically be converted to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Alternative Currency, in an amount equal to the Dollar Equivalent of such Alternative Currency) upon such specified date.
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Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)4.4.1 [Unascertainable; Increased Costs; Deposits Not Available] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower Borrowers thereof, and in the case of an event specified in Section 2.11(b)4.4.2 [Illegality] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Borrowers.
(a) Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (iA) the Lenders, in the case of such notice given by the Administrative Agent, or (iiB) such Lender, in the case of such notice given by such Lender, to fund, and allow the right of the Borrower Borrowers to select, convert to or renew, renew a Loan accruing under the affected Interest by reference to the Term SOFR Rate Option in each such Available Currency shall be suspended (to the extent of the affected Interest Rate Option, or the applicable Interest Periods) until the Administrative Agent shall have later notified the BorrowerBorrowers, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s 's or such Lxxxxx’s's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. .
(b) If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(aSection 4.4.1 [Unascertainable; Increased Costs; Deposits Not Available] (i) if the Borrowers have previously notified the Administrative Agent of their selection of, conversion to or (b)renewal an affected Interest Rate Option, and such Interest Rate Option has not yet gone into effect, such notification shall (A) if the Borrower has delivered a Borrowing Request with regard to any such pending request for an affected Loan that has not yet been madeLoans denominated in Dollars, such Borrowing Request shall be deemed to have requested a Loan accruing Interest at provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans in the amount specified therein and (B) with regard to any such pending request for Loans denominated in an Optional Currency, be deemed ineffective (in each case to the extent of the affected Interest Rate Option, or the applicable Interest Periods), (ii) any outstanding affected Loan (or portion thereof) Loans denominated in Dollars shall be deemed to have been converted into a Loan accruing Interest Base Rate Loans immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period, and (iii) any outstanding affected Loans denominated in an Optional Currency shall, at the Borrower's election, either be converted into Base Rate Loans denominated in Dollars (in an amount equal to the Dollar Equivalent of such Optional Currency) immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period or prepaid in full immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period; provided provided, however that absent notice from the Borrower may revoke any Borrowers of conversion or prepayment, such Borrowing Request Loans shall automatically be converted to Base Rate Loans (without penalty) prior in an amount equal to the borrowing Dollar Equivalent of such Loan upon written notice Optional Currency).
(c) If any Lender notifies the Administrative Agent of a determination under Section 4.4.2 [Illegality], the Borrowers shall, subject to the Administrative AgentBorrowers' indemnification Obligations under Section 5.10 [Indemnity], as to any Loan of the Lender to which an affected Interest Rate Option applies, on the date specified in such notice either (i) as applicable, convert such Loan to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Optional Currency, in an amount equal to the Dollar Equivalent of such Optional Currency) or select a different Optional Currency or Dollars, or (ii) prepay such Loan in accordance with Section 5.6 [Voluntary Prepayments]. Absent due notice from the Borrowers of conversion or prepayment, such Loan shall automatically be converted to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Optional Currency, in an amount equal to the Dollar Equivalent of such Optional Currency) upon such specified date.
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Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)4.4.1 [Unascertainable; Increased Costs] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower Borrowers thereof, and in the case of an event specified in Section 2.11(b)4.4.2 [Illegality] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the BorrowerBorrowers. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (iA) the Lenders, in the case of such notice given by the Administrative Agent, or (iiB) such Lender, in the case of such notice given by such Lender, to fund, and allow the right of the Borrower Borrowers to select, convert to or renew, renew a Loan accruing Interest by reference to the Term SOFR Rate Loan or shall be suspended (to the extent of the affected Term SOFR Rate Loan or Interest Periods) until the Administrative Agent shall have later notified the BorrowerBorrowers, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s 's or such Lxxxxx’s's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(a) Section 4.4.1 [Unascertainable; Increased Costs] and the Borrowers have previously notified the Administrative Agent of their selection of, conversion to or (b), (A) if the Borrower has delivered renewal of a Borrowing Request for an affected Loan that Term SOFR Rate Option and such Term SOFR Rate Option has not yet been madegone into effect, such Borrowing Request notification shall be deemed to have requested a Loan accruing Interest at provide for selection of, conversion to or renewal of the Base Rate and Option otherwise available with respect to such Loans. If any Lender notifies the Administrative Agent of a determination under Section 4.4.2 [Illegality], the Borrowers shall, subject to the Borrowers' indemnification Obligations under Section 5.10 [Indemnity], as to any Loan of the Lender to which a Term SOFR Rate Option applies, on the date specified in such notice either (Bi) any outstanding affected convert such Loan (or portion thereof) shall be deemed to have been converted into a Loan accruing Interest at the Base Rate at Option otherwise available with respect to such Loan, or (ii) prepay such Loan in accordance with Section 5.6 [Voluntary Prepayments]. Absent due notice from the end Borrowers of the applicable Interest Period; provided that the Borrower may revoke any conversion or prepayment, such Borrowing Request (without penalty) prior Loan shall automatically be converted to the borrowing of Base Rate Option otherwise available with respect to such Loan upon written notice to the Administrative Agentsuch specified date.
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Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)4.4(a) [Unascertainable; Increased Costs; Deposits Not Available] above, the Administrative Agent shall promptly so notify the Lenders and the Borrower thereof, and in the case of an event specified in Section 2.11(b)4.4(b) [Illegality] above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such noticenotice in reasonable detail, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. .
(i) Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (i) the Lenders, in the case of such notice given by the Administrative Agent, or (ii) such Lender, in the case of such notice given by such Lender, to fund, and the right of allow the Borrower to select, convert to, renew or renew, continue a Loan accruing under the affected Interest by reference to the Term SOFR Rate Option in each such Currency shall be suspended (to the extent of the affected Interest Rate Option or the applicable Interest Periods) until the Administrative Agent shall have later notified the Borrower, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s or such Lxxxxx’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. .
(ii) If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(aSection 4.4(a) or [Unascertainable; Increased Costs; Deposits Not Available]
(b), (Aa) if the Borrower has delivered a Borrowing Request for previously notified the Administrative Agent of its selection of, conversion to or renewal of an affected Loan that Interest Rate Option and such Interest Rate Option has not yet been madegone into effect, such Borrowing Request notification shall (i) with regard to any such pending request for Loans denominated in Dollars, be deemed to have requested a Loan accruing Interest at provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans in the amount specified therein and (Bii) with regard to any such pending request for Loans denominated in an Optional Currency, be deemed ineffective (in each case to the extent of the affected Interest Rate Option, or the applicable Interest Periods), (b) any outstanding affected Loan (or portion thereof) Loans denominated in Dollars shall be deemed to have been converted into a Loan accruing Interest Base Rate Loans immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period, and (c) any outstanding affected Loans denominated in an Optional Currency shall, at the Borrower’s election, either be converted into Base Rate Loans denominated in Dollars (in an amount equal to the Dollar Equivalent of such Optional Currency) immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period or prepaid in full immediately or, in the case of Term Rate Loans, at the end of the applicable Interest Period; provided provided, however that absent notice from the Borrower may revoke any of conversion or prepayment, such Borrowing Request Loans shall automatically be converted to Base Rate Loans (without penalty) prior in an amount equal to the borrowing Dollar Equivalent of such Loan upon written notice Optional Currency).
(iii) If any Lender notifies the Administrative Agent of a determination under Section 4.4(b) [Illegality], the Borrower shall, subject to the Administrative AgentBorrower’s indemnification Obligations under Section 5.10 [Indemnity], as to any Loan of the Lender to which an affected Interest Rate Option applies, on the date specified in such notice either convert such Loan to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Optional Currency, in an amount equal to the Dollar Equivalent of such Optional Currency) or prepay such Loan in accordance with Section 5.6 [Voluntary Prepayments]. Absent due notice from the Borrower of conversion or prepayment, such Loan shall automatically be converted to the Base Rate Option otherwise available with respect to such Loan (which shall be, with respect to Loans denominated in an Optional Currency, in an amount equal to the Dollar Equivalent of such Optional Currency) upon such specified date.
Appears in 1 contract
Samples: Credit Agreement (Vertex, Inc.)
Administrative Agent’s and Lxxxxx’s Rights. In the case of any event specified in Section 2.11(a)5.04(a) above, the Administrative Agent shall promptly so notify the Lenders and the Borrower thereof, and in the case of an event specified in Section 2.11(b)5.04(b) above, such Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (i) the Lenders, in the case of such notice given by the Administrative Agent, or (ii) such Lender, in the case of such notice given by such Lender, to fund, and the right of allow the Borrower to select, convert to or renew, renew a Loan accruing under the affected Interest by reference to the Term SOFR Rate Option shall be suspended (to the extent of the affected Interest Rate Option or Tranche Periods) until the Administrative Agent shall have later notified the Borrower, or such Lender shall have later notified the Administrative Agent and the BorrowerAgent, of the Administrative Agent’s or such Lxxxxx’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent or a Lender makes a determination under Sections 2.11(aSection 5.04(a) or (b), (A) if and the Borrower has delivered a Borrowing Request for previously notified the Administrative Agent of its selection of, conversion to or renewal of an affected Loan that Interest Rate Option and such Interest Rate Option has not yet been madegone into effect, such Borrowing Request notification shall be deemed to have requested a Loan accruing Interest at provide for selection of, conversion to or renewal of the Base Rate and (B) Option otherwise available with respect to such Loans. If any outstanding Lender notifies the Administrative Agent of a determination under Section 5.04(b), the Borrower shall, subject to the Borrower’s obligation to pay any Breakage Fees, as to any Loan of the Lender to which an affected Interest Rate Option applies, on the date specified in such notice either convert such Loan (or portion thereof) shall be deemed to have been converted into a Loan accruing Interest at the Base Rate at the end of the applicable Interest Period; provided that Option otherwise available with respect to such Loan or prepay such Loan in accordance with Section 2.02(d). Absent due notice from the Borrower may revoke any of conversion or prepayment, such Borrowing Request (without penalty) prior Loan shall automatically be converted to the borrowing of Base Rate Option otherwise available with respect to such Loan upon written notice to the Administrative Agentsuch specified date.
Appears in 1 contract
Samples: Receivables Financing Agreement (BrightView Holdings, Inc.)