Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 8 contracts
Samples: Credit Agreement (Hillman Companies Inc), Credit Agreement (VeriFone Holdings, Inc.), Credit Agreement (Sbarro Express LLC)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the applicable Borrower shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the such Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the such Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC), Credit Agreement (Jazz Pharmaceuticals PLC)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Amag Pharmaceuticals Inc.), Credit Agreement (Amag Pharmaceuticals Inc.), Credit Agreement (Albany Molecular Research Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five (5) Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc), Credit Agreement (Teladoc, Inc.)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, make Eurodollar Loans has been suspended pursuant to Section 3.02 8.2 or (ii) any Lender Bank has demanded compensation under Section 3.01 8.3 or 3.04 Section 8.4 with respect to its Eurodollar Loans, Loans and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, :
(a) the Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected Eurodollar Loans and thereafter all Loans which would otherwise be made continued or converted by such Lender Bank to the Borrower as (or continued as or converted to) Eurodollar Loans shall be made instead as Base Rate Loans; and
(b) after each of its Eurodollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Eurodollar Loans shall be applied to repay its Base Rate Loans instead; and
(on c) the Borrower will not be required to make any payment which interest and principal shall would otherwise be payable contemporaneously required by Section 2.14 with the related respect to such Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise converted to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable Loans pursuant to the related Eurodollar Loans of the other Lendersclause (a) above.
Appears in 5 contracts
Samples: Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc), Credit Agreement (Istar Financial Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender Bank to make, make or to continue or convert outstanding Loans as or to, maintain Eurodollar Loans has been suspended pursuant to Section 3.02 8.02 or (ii) any Lender Bank has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, 8.03 and in any such case the Borrower shall, shall by at least five (5) Eurodollar Business Days’ ' prior notice to such Lender Bank through the Administrative Agent, Agent have elected that the provisions of this Section 3.06 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, apply:
(a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted tointo) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other LendersBanks), and
(b) after each of its Eurodollar Loans has been repaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Eurodollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation notice no longer existapply, unless Borrower elects otherwise, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans Loan of the other LendersBanks.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender or L/C Issuer has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five (5) Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section SECTION 3.02 or (ii) any Lender has demanded compensation under Section SECTION 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower Company shall, by at least five Business Days’ ' prior notice to such Lender through the Administrative Agent, have elected that - 75 - the provisions of this Section SECTION 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Synagro Technologies Inc), Credit Agreement (Synagro Technologies Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender or L/C Issuer has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower Borrowers shall, by at least five (5) Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower MKS that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower MKS that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 2 contracts
Samples: Abl Credit Agreement (MKS Instruments Inc), Abl Credit Agreement (MKS Instruments Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, make Eurodollar Loans has been suspended pursuant to Section 3.02 8.2 or (ii) any Lender Bank has demanded compensation under Section 3.01 8.3 or 3.04 Section 8.4 with respect to its Eurodollar Loans, Loans and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, :
(a) the Borrower shall be deemed to have delivered a Notice of Interest Rate Election with respect to such affected Eurodollar Loans and thereafter all Loans which would otherwise be made continued or converted by such Lender Bank to the Borrower as (or continued as or converted to) Eurodollar Loans shall be made instead as Base Rate Loans; and
(b) after each of its Eurodollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Eurodollar Loans shall be applied to repay its Base Rate Loans instead; and
(on c) the Borrower will not be required to make any payment which interest and principal shall would otherwise be payable contemporaneously required by Section 2.13 with the related respect to such Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise converted to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable Loans pursuant to the related Eurodollar Loans of the other Lendersclause (a) above.
Appears in 2 contracts
Samples: Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation ability of any Lender the Borrower to makerequest, or to continue or convert outstanding Loans as or to, Eurodollar EuroDollar Loans has been suspended pursuant to Section 3.02 7.02 or (ii) any Lender the Bank has demanded compensation under Section 3.01 7.03 or 3.04 7.04 with respect to its Eurodollar Loans, EuroDollar Loans and in any such case the Borrower shall, by at least five EuroDollar Business Days’ prior notice to such Lender through the Administrative AgentBank, have elected that the provisions of this Section 3.06 section shall apply to such Lenderthe Bank, then, unless and until such Lender the Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, :
(a) all Loans which would otherwise be made by such Lender the Bank as (or continued as or converted tointo) Eurodollar Loans EuroDollar Loans, as the case may be, shall instead be Base Rate Loans; and
(b) after each of its EuroDollar Loans has been repaid (on or converted to a Base Rate Loan), all payments of principal which interest and principal would otherwise be applied to repay such EuroDollar Loans shall be payable contemporaneously with the related Eurodollar applied to repay its Base Rate Loans of the other Lenders)instead. If such Lender the Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation notice no longer existapply, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar EuroDollar Loan on the first day of the next succeeding Interest Period applicable to specified by the related Eurodollar Loans of the other LendersBank.
Appears in 1 contract
Samples: Term Loan Agreement (Royal Gold Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section SECTION 3.02 or (ii) any Lender has demanded compensation under Section SECTION 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower Company shall, by at least five Business Days’ ' prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section SECTION 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower Borrowers shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) to Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Samples: Senior Secured Term Credit Agreement (Duane Reade Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (ia) the obligation of any Lender Bank to make, or to continue or to convert outstanding Loans as or to, Eurodollar Loans to the Borrower has been suspended pursuant to Section 3.02 8.02 or (iib) any Lender Bank has demanded compensation under Section 3.01 8.03 or 3.04 8.04 with respect to its Eurodollar Loans, Loans to the Borrower and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 3.06 8.05 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans to the Borrower which would otherwise be made by such Lender Bank as (or continued as or converted to) Eurodollar Loans shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other LendersBanks). If such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other LendersBanks.
Appears in 1 contract
Samples: Credit Agreement (Aes Corp)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five Business Days’ ' prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, make Eurodollar Loans has been suspended pursuant to Section 3.02 8.02 or (ii) any Lender has demanded compensation under Section 3.01 8.03 or 3.04 8.04 with respect to its Eurodollar Loans, Loans and in any such case the Borrower Company shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer exist (which such Lender agrees to do promptly upon becoming aware that such circumstances no longer exist, ):
(a) all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If , and
(b) after each of its Eurodollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Lender notifies the Borrower that the circumstances giving rise Eurodollar Loans shall be applied to such suspension or demand for compensation no longer exist, the principal amount of each such repay its Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lendersinstead.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the applicable Borrower shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the thesuch Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the thesuch Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five 5 Business Days’ ' prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Samples: Revolving Credit Agreement (Worthington Industries Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 3.04 or 3.04 3.05 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Samples: Credit Agreement (Fairchild Corp)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender or L/C Issuer has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower Borrowers shall, by at least five (5) Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower MKS that the circumstances giving rise to such suspension or demand for compensation no longer Table of Contents exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower MKS that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (ia) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 8.02 or (iib) any Lender has demanded compensation under Section 3.01 or 3.04 8.03 with respect to its Eurodollar Loans, Loans and in any such case the Borrower shall, by at least five Eurodollar Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 8.04 shall apply to the Lender demanding such Lendercompensation, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall shall, subject to Section 8.02, be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Samples: Credit Agreement (Marathon Oil Corp)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section SECTION 3.02 or (ii) any Lender has demanded compensation under Section SECTION 3.01 or 3.04 3.05 with respect to its Eurodollar Loans, and in any such case the relevant Borrower shall, by at least five Business Days’ ' prior notice to such Lender through the relevant Administrative Agent, have elected that the provisions of this Section 3.06 SECTION 3.07 shall apply to such Lender, then, unless and until such Lender notifies the relevant Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans in the affected currency or currencies shall instead be U.S. Dollar-Denominated Loans bearing interest at the Base Rate then in effect for relevant Revolving Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the relevant Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan of the relevant Class on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 8.2, or (ii) any Lender Bank has demanded compensation under Section 3.01 8.3 or 3.04 8.4 with respect to its Eurodollar Loans, Loans and in any such case the Borrower shall, by at least five Eurodollar Business Days’ ' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, :
(a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted tointo) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other LendersBanks); and
(b) after each of its Eurodollar Loans has been repaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Eurodollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation notice no longer existapply, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other LendersBanks.
Appears in 1 contract
Samples: Credit Agreement (Turner Corp)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, to Eurodollar Loans has been suspended pursuant to Section 3.02 or (ii) any Lender has demanded compensation under Section 3.01 or 3.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five Business Days’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which would otherwise be made by such Lender as (or continued as or converted to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer existexist (which it shall do reasonably promptly), the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Samples: Credit Agreement (Orbimage Inc)
Base Rate Loans Substituted for Affected Eurodollar Loans. If (ia) the obligation of any Lender to make, or to continue or convert outstanding Loans as or to, Eurodollar Loans has been suspended pursuant to Section 3.02 8.02 or (iib) any Lender has demanded compensation under Section 3.01 8.03 or 3.04 8.04 with respect to its Eurodollar Loans, and in any such case the Borrower shall, by at least five Eurodollar Business Days’ ' prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section 3.06 8.05 shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, all Loans which that would otherwise be made by such Lender as (or continued as or converted convened to) Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar Loans of the other Lenders). If such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar Loans of the other Lenders.
Appears in 1 contract
Base Rate Loans Substituted for Affected Eurodollar Loans. If (i) the obligation of any Lender Bank to make, or to continue or convert outstanding Loans as or to, Eurodollar EuroDollar Loans has been suspended pursuant to Section 3.02 8.02 or (ii) any Lender Bank has demanded compensation under Section 3.01 8.03 or 3.04 8.04 with respect to its Eurodollar Loans, EuroDollar Loans and in any such case the Borrower shall, by at least five EuroDollar Business Days’ ' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 3.06 section shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer exist, :
(a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted tointo) Eurodollar Loans EuroDollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Eurodollar EuroDollar Loans of the other LendersBanks); and
(b) after each of its EuroDollar Loans, has been repaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such EuroDollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation notice no longer existapply, the principal amount of each such Base Rate Loan shall be converted into a Eurodollar EuroDollar Loan on the first day of the next succeeding Interest Period applicable to the related Eurodollar EuroDollar Loans of the other LendersBanks.
Appears in 1 contract