Common use of Base Rate Loans Substituted for Affected Fixed Rate Loans Clause in Contracts

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 9 contracts

Samples: Credit Agreement (Duke Capital Corp), Assignment and Assumption Agreement (Duke Energy Corp), Credit Agreement (Duke Capital Corp)

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Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 6 contracts

Samples: Term Loan Agreement, Credit Agreement (Alliance Data Systems Corp), Term Loan Agreement (Alliance Data Systems Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make make, or to continue or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 5 contracts

Samples: Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 5 contracts

Samples: Credit Agreement (Esco Electronics Corp), Revolving Credit Agreement (National Rural Utilities Cooperative Finance Corp /Dc/), Credit Agreement (Cabot Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 4 contracts

Samples: Credit Agreement (Harcourt General Inc), Credit Agreement (Harcourt General Inc), Credit Agreement (Kinder Morgan Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Currency Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a8.3(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shallBorrower, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, shall have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 4 contracts

Samples: Credit Agreement (Ingersoll-Rand PLC), Assignment and Assumption Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the a Borrower shall, by at least five three Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the such Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 4 contracts

Samples: Credit Agreement (Gillette Co), Credit Agreement (Gillette Co), Credit Agreement (Gillette Co)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 3 contracts

Samples: Conformed (K N Energy Inc), Credit Agreement (K N Energy Inc), Credit Agreement (K N Energy Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into to Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 3 contracts

Samples: Term Loan Agreement (Ace LTD), Credit Agreement (Ace LTD), Credit Agreement (Ace LTD)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 3 contracts

Samples: Credit Agreement (Sears Roebuck Acceptance Corp), Credit Agreement (Cabot Oil & Gas Corp), Credit Agreement (Cabot Oil & Gas Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Currency Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a8.3(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shallLead Borrower, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, shall have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Lead Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Trane Technologies PLC), Credit Agreement (Ingersoll-Rand PLC), Credit Agreement (Ingersoll-Rand PLC)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Euro- Currency Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a8.3(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 3 contracts

Samples: Credit Agreement (Ingersoll Rand Co LTD), Credit Agreement (Ingersoll Rand Co), Credit Agreement (Ingersoll Rand Co)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 3 contracts

Samples: Day Credit Agreement (Imc Global Inc), Credit Agreement (Imc Global Inc), Imc Global Inc

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank of any Class to make or to continue or convert outstanding Loans as or into Euro-Dollar Currency Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank of any Class has demanded compensation under Section 8.03(a8.3(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shallAllegion plc, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, shall have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Allegion plc that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 2 contracts

Samples: Credit Agreement (Allegion PLC), Credit Agreement (Allegion PLC)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Credit Agreement (Galileo International Inc), Credit Agreement (Galileo International Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its CD Loans or Euro-Dollar Loans or its obligation to make CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 2 contracts

Samples: Credit Agreement (New Beverly Holdings Inc), Credit Agreement (Beverly Enterprises Inc /De/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into to Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Credit and Reimbursement Agreement (Usf&g Corp), Credit and Reimbursement Agreement (Usf&g Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Credit Agreement (At&t Capital Corp /De/), Credit Agreement (At&t Capital Corp /De/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into Euro-to, Euro- Dollar Loans has been suspended pursuant to Section 8.02 9.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 9.3 or 8.04 9.4 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Credit Agreement (Primex Technologies Inc), Credit Agreement (Primex Technologies Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to convert or continue or convert outstanding Loans as or into to, Euro-Dollar Currency Loans in any currency has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans in any currency and the Borrower Company shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Agreement (Estee Lauder Companies Inc), Credit Agreement (Estee Lauder Companies Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Credit Agreement (Mallinckrodt Inc /Mo), Credit Agreement (Mallinckrodt Inc /Mo)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to convert or continue or convert outstanding Loans as or into to, Euro-Dollar Currency Loans in any currency has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans in any currency and the Borrower Company shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Credit Agreement (Estee Lauder Companies Inc), Credit Agreement (Estee Lauder Companies Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank (or its Designated Lender(s)) has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (American Stores Co /New/), Credit Agreement (American Stores Co /New/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into Euro-Dollar to, Euro‑Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its Euro-Dollar Euro‑Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section 8.5 shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Fleet Agent, have elected that the provisions of this Section shall apply to such Bank, then, 114 121 unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Revolving Credit Agreement (Avalon Properties Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Currency Loans in any currency has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03, 8.04 or 8.04 8.05 with respect to its CD Loans or Euro-Dollar Currency Loans in any currency and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Universal Health Services Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section 8.5 shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Alliance Data Systems Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit Agreement (Ck Witco Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans to the Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit Agreement (Ck Witco Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the 56 provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Agreement (Central & South West Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to convert or continue or convert outstanding Loans as or into to, Euro-Dollar Currency Loans in any currency has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans in any currency and the Borrower Company shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Estee Lauder Companies Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Currency Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 8.05 with respect to its Euro-Dollar Currency Loans in any currency and the relevant Borrower shall, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the relevant Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Heinz H J Co)

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Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its CD Loans or Euro-Dollar Loans and the a Borrower shall, by at least five Euro-Dollar Business Days' Day's prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankBank with respect to such Borrower, then, unless and until such Bank notifies the such Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Nationwide Financial Services Inc /Oh/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Betzdearborn Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Mallinckrodt Group Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank 48 53 has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Quaker State Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, shall by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, Agent have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Aramark Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Currency Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans in any currency and the relevant Borrower shall, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the relevant Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Heinz H J Co)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Term Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Galileo International Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If Subject to Sections 2.10 and 2.12, if (i) the obligation of any Bank to make make, or to continue or to convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit Agreement (Praxair Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to convert or continue or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Loans and the Borrower Company shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Estee Lauder Companies Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 8.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.3 or 8.04 8.4 with respect to its Euro-CD Loans or Euro- Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Toyota Motor Credit Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Euro- Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' Days= prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit Agreement (Ck Witco Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank 60 66 has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its CD Loans or Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Galileo International Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 8.02(a) or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans and the Borrower Company shall, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Allergan Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans and the Borrower Company shall, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Allergan Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Euro- Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit Agreement (Duke Energy Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Currency Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation from the Company or any other Borrower under Section 8.03(a) 8.03 or 8.04 with respect to its Euro-Dollar Currency Loans and the Borrower Company shall, by at least five Euro-Dollar Currency Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Credit Agreement (Footstar Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 or (ii) any Bank has demanded compensation under Section 8.03(a) or 8.04 with respect to its Euro-Dollar Loans and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Senior Managing Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply:

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Imc Global Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank to make or to continue or convert outstanding Loans as or into maintain Euro-Dollar Loans to any Borrower has been suspended pursuant to Section 8.02 9.2 or (ii) any Bank has demanded compensation under Section 8.03(a) 9.3 or 8.04 9.4 with respect to its CD Loans or Euro-Dollar Loans and the relevant Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such Bank, then, unless and until such Bank notifies the Borrower Company that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (United States Surgical Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Currency Loans in any currency has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 8.03, 8.04 or 8.04 8.05 with respect to its Euro-Dollar Currency Loans in any currency and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Universal Health Services Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make or to continue make, or convert outstanding Loans as or into to, Euro-Dollar Currency Loans in Dollars has been suspended pursuant to Section 8.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) or 8.04 8.03 with respect to its CD Loans or Euro-Dollar Currency Loans in any currency and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Bank Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist:

Appears in 1 contract

Samples: Credit Agreement (Praxair Inc)

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