Common use of Agent's Election Clause in Contracts

Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.4(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Revolving Loan, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.4(d) in the amount of the requested Borrowing; provided, however, that (i) if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.4(d), Agent shall elect to have the terms of Section 2.4(c) apply to such requested Borrowing; and (ii) if a notice requesting a LIBOR Rate Loan has been timely delivered per Section 2.14(b)(i), Agent shall not have the option to request Swing Line Lender to make such Borrowing as a Swing Line Loan.

Appears in 4 contracts

Samples: Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.), Loan, Guaranty and Security Agreement (Gordmans Stores, Inc.)

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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(a2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Revolving LoanAdvance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.4(d2.3(d) in the amount of the requested Borrowing; provided, however, that (i) if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.4(d2.3(d), Agent shall elect to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing; and (ii) if a notice requesting a LIBOR Rate Loan has been timely delivered per Section 2.14(b)(i2.13(b)(i), Agent shall not have the option to request Swing Line Lender to make such Borrowing as a Swing Line Loan.

Appears in 2 contracts

Samples: Loan and Guaranty Agreement (Collective Brands, Inc.), Loan and Guaranty Agreement (Payless Shoesource Inc /De/)

Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(a2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Revolving Advance or Capital Expenditures Loan, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.4(d2.3(d) in the amount of the requested Borrowing; provided, however, that (i) if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.4(d2.3(d), Agent shall elect to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing; , and (ii) if a notice requesting a LIBOR Rate Loan has been timely delivered per Section 2.14(b)(i2.13(b)(i), Agent shall not have the option to request Swing Line Lender to make such Borrowing as a Swing Line Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(a2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an a Revolving Loan, Advance to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.4(d2.3(d) in the amount of the requested Borrowing; provided, however, that (i) if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.4(d2.3(d), Agent shall elect to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing; , and (ii) if a notice requesting a LIBOR Rate Loan has been timely delivered per Section 2.14(b)(i2.13(b)(i), Agent shall not have the option to request Swing Line Lender to make such Borrowing as a Swing Line Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

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Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(a2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Revolving Loan, Advance to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.4(d2.3(d) in the amount of the requested Borrowing; provided, however, that (i) if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.4(d2.3(d), Agent shall elect to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing; , and (ii) if a notice requesting a LIBOR Rate Loan has been timely delivered per Section 2.14(b)(i2.13(b)(i), Agent shall not have the option to request Swing Line Lender to make such Borrowing as a Swing Line Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Sharper Image Corp)

Agent's Election. Promptly after receipt of a request for a Borrowing pursuant to Section 2.4(a2.3(a), Agent shall elect, in its discretion, (i) to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing, or (ii) if the Borrowing is for an Revolving LoanAdvance, to request Swing Lender to make a Swing Loan pursuant to the terms of Section 2.4(d2.3(d) in the amount of the requested Borrowing; provided, however, that (i) if Swing Lender declines in its sole discretion to make a Swing Loan pursuant to Section 2.4(d2.3(d), Agent shall elect to have the terms of Section 2.4(c2.3(c) apply to such requested Borrowing; and (ii) if a notice requesting a LIBOR Rate Loan has been timely delivered per Section 2.14(b)(i2.13(b)(i), Agent shall not have the option to request Swing Line Lender to make such Borrowing as a Swing Line Loan.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Payless Shoesource Inc /De/)

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