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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 9 contracts

Samples: Credit Agreement (Duke Energy Corp), Credit Agreement (Duke Energy Corp), Credit Agreement (Duke Energy 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 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: (a) all Loans which would otherwise be made by such Bank as (CD Loans or continued as or converted to) Euro-Dollar Loans, as the case may be, shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 8 contracts

Samples: Credit Agreement (Thomas & Betts Corp), Credit Agreement (Western Atlas Inc), Credit Agreement (Litton Industries 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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), ; and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan Loans on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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) 8.03 or 8.04 with respect to its Euro-Dollar Loans Loans, and in any such case the Borrower shall, by at least five Euro-Dollar three Business Days' prior notice to such Bank through the Administrative Servicing 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: (a) exist all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the any related Euro-Dollar Loans of the other Banks.

Appears in 5 contracts

Samples: Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/), Credit Agreement (Clorox Co /De/)

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) 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 apply: exist (a) which such Bank agrees to do promptly upon such circumstances ceasing to exist), all Loans which would otherwise be made by such Bank as (or continued as or converted to) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 4 contracts

Samples: Credit Agreement (Tyco International LTD), Credit Agreement (Tyco International LTD), Credit Agreement (Tyco International LTD /Ber/)

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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, Loans shall be made instead as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans to such Borrower instead. If such Bank notifies the Borrower Company 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Gillette Co), 364 Day Credit Agreement (Gillette Co), 364 Day Credit Agreement (Gillette Co)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender 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 Lender has demanded compensation under Section 8.03(a) or 8.04 8.03 with respect to its 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 the Lender demanding such Bankcompensation, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans insteadLenders. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksLenders.

Appears in 3 contracts

Samples: Credit Agreement (Marathon Oil Corp), Credit Agreement (Marathon Oil Corp), Credit Agreement (Marathon Oil 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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Euro- Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted), all payments of principal which would otherwise be applied to repay such Euro- Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 2 contracts

Samples: Term Loan 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 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 Section 8.04 with respect to its Euro-Dollar Loans and to any Borrower and, in either case, the Borrower Company 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: (a) exist, all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the Borrower Company 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 Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 2 contracts

Samples: Credit Agreement (Foot Locker Inc), Credit Agreement (Foot Locker 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans of any applicable Class which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, Currency Loans shall be made instead as the case may be, shall instead be Base Rate Loans denominated in Dollars (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its Euro-Dollar Currency Loans of such Class has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans of such Class shall be applied to repay its Base Rate Loans of such Class instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 or convert outstanding Loans as or into maintain 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 Loans and to any Borrower and, in either case, the Borrower Company 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: (a) exist, all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the Borrower Company 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 Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 2 contracts

Samples: Credit Agreement (Venator Group Inc), Credit Agreement (Foot Locker Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to continue or convert outstanding Loans as or into Euro-Dollar to, Eurodollar Loans has been suspended pursuant to Section 8.02 SECTION 3.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) SECTION 3.01 or 8.04 3.04 with respect to its Euro-Dollar Loans Eurodollar Loans, and in any such case 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 SECTION 3.06 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 apply: (a) exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Eurodollar Loans of the other BanksLenders), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Eurodollar Loans of the other BanksLenders.

Appears in 2 contracts

Samples: 364 Day Revolving Credit Agreement (Worthington Industries Inc), Revolving Credit Agreement (Worthington Industries Inc)

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) 8.03 or 8.04 with respect to its Euro-Dollar Loans and in any such case 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: (a) exist, all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related or Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 2 contracts

Samples: Credit Agreement (Guidant Corp), Credit Agreement (Guidant 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 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 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 Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) , all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 2 contracts

Samples: Credit Agreement (Pacificorp /Or/), Credit Agreement (Pacificorp /Or/)

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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Euro- Dollar Loans of the other Banks.

Appears in 2 contracts

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

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) 8.03 or 8.04 with respect to its Euro-Dollar Loans Loans, and in any such case 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: (a) exist all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the any related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Textron Financial Corp)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to continue or convert outstanding Loans as or into into, 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: (a) all Loans which would otherwise be made by such Bank Lender as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other BanksLenders), ; and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank Lender as (or continued as or converted tointo) Euro-Dollar Loans, Loans shall be made instead as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), Loans; and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank Lender notifies the Borrower Company 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 Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksLenders.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Euro- Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted), all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: 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 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: (a) : all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) and after each of its Euro-Dollar Loans to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit 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 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, to such Borrower has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 Lender 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 Lender 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 Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such BankLender, then, unless and until such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other BanksLenders), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksLenders.

Appears in 1 contract

Samples: Credit Agreement (Cisco Systems 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 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Imc Global Inc)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender 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 Lender 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 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: (a) all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, Loans shall be made instead as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other BanksLenders), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Hilton Hotels 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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted into a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Revolving Credit Agreement (Security Capital Atlantic 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 CD Loans or 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (CD Loans or continued as or converted to) Euro-Dollar Loans, as the case may be, shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Doilar Loans, as the case may be, to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans to such Borrower instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.27009/304/CA/ca.96.364.comp Draft of: 02/11/98 4:31pm

Appears in 1 contract

Samples: 364 Day Credit Agreement (Gillette Co)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender 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 Lender 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 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: (a1) all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, Loans shall be made instead as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other BanksLenders), and (b2) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Short Term Credit Agreement (Park Place Entertainment 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 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 BankBan k, 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (CD Loans or continued as or converted to) Euro-Dollar Loans, as the case may be, shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksBorrower instead.

Appears in 1 contract

Samples: 364 Day 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 make, or convert outstanding Loans as or into 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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), ; and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be made as (or continued as converted into) Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Currency Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the Borrower Company 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit 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 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) or 8.04 8.03 with respect to its 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 the Lender demanding such Bankcompensation, then, unless and until such Bank Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans insteadLenders. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksLenders.

Appears in 1 contract

Samples: Credit Agreement (Usx Corp)

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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 to any Borrower has been suspended pursuant to Section 8.02 8.02(a) 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 and the Borrower Company shall, by at least five Euro-Dollar Currency 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: (a) all Loans which would otherwise be made by such Bank Lender as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be made as (or continued as converted into) Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other BanksLenders), and (b) after each of its Euro-Dollar Currency Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank Lender notifies the Borrower Company 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksLenders.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Euro‑Dollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Euro‑Dollar Loans of the other Banks), ; and (b) after each of its Euro-Dollar Euro‑Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Euro‑Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan Euro‑Dollar Loans on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Euro‑Dollar Loans of the other Banks.

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 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 and, in either case, 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: (a) exist, all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related CD Loans or Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Woolworth Corporation)

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 Euro-CD Loans or Euro- Dollar Loans and and, in either case, 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: (a) exist, all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related CD Loans or Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Venator 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 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 Euro-Dollar Loans and the a 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 such Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the a 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 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 Loans, and in any such case the Borrower shall, by at least five Euro-Dollar three Business Days' prior notice to such Bank through the Administrative Servicing 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: (a) exist all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the any related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Clorox Co /De/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of any Bank Lender to make make, or to continue or convert outstanding Loans as or into Euro-Dollar to, Eurodollar Loans has been suspended pursuant to Section 8.02 3.02 or (ii) any Bank Lender has demanded compensation under Section 8.03(a) 3.01 or 8.04 3.04 with respect to its Euro-Dollar Loans Eurodollar Loans, and in any such case 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 3.06 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 apply: (a) exist, all Loans which would otherwise be made by such Bank Lender as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Eurodollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Eurodollar Loans of the other BanksLenders), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Eurodollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Eurodollar Loans of the other BanksLenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Worthington Industries 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 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 Currency 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (CD Loans or continued as or converted to) Euro-Dollar Currency Loans, as the case may be, to such Borrower shall be made instead be as Base Rate Loans (in the case of Alternative Currency Loans, in the same Dollar Amount as the Euro-Currency Loan that the Bank would otherwise have made in the Alternative Currency) (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Currency Loans, as the case may be, to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), ; and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan Loans on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 make, or to continue or convert outstanding Loans as or into 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 Section 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 8.05(a) 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: (a) exist, all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, Loans shall be made or continued instead as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans Loans, of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation notice no longer exist, the principal amount of each such Base Rate Loan that was a Euro-Dollar Loan shall be converted into a Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks; provided that any such Bank shall be obligated to provide such notice when such circumstances no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Con-Way 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: (a) all Loans which would otherwise be made by such Bank as (as continued or continued as or converted to) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Praxair 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be made as (or continued as converted into) Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Currency Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the Borrower Company 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 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 Loans, and in any such case 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: (a) exist, all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (United Asset Management 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, 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: By Laws (Duke Energy 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 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: exist: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Central Power & Light Co /Tx/)

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 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (CD Loans or continued as or converted to) Euro-Dollar Loans, as the case may be, shall be made instead be as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other BanksBorrower instead.

Appears in 1 contract

Samples: Multi Year Credit Agreement and 364 Day 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 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 applyexist: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans or CD Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Loans or CD Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Commercial Credit Co)

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) 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 apply: exist (a) which such Bank agrees to do promptly upon such circumstances ceasing to exist), all Loans which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Tyco International LTD /Ber/)

Base Rate Loans Substituted for Affected Fixed Rate Loans. If (i) the obligation of s 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: 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 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 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 relevant Borrower that the circumstances giving rise to such suspension or demand for compensation no longer applyexist: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) Euro-Dollar Loans, as the case may be, Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), and (b) after each of its Euro-Dollar Loans has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such Bank notifies the relevant 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans which would otherwise be made by such Bank as (or continued as or converted tointo) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Fixed Rate Loans of the other Banks), ; and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaidrepaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Loans shall be applied to repay its Base Rate Loans instead. If such 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 CD Loan or Euro-Dollar Loan Loan, as the case may be, on the first day of the next succeeding Interest Period applicable to the related CD Loans or Euro-Dollar Loans of the other Banks.

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 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: (a) all Loans to such Borrower which would otherwise be made by such Bank as (or continued as or converted to) Euro-Dollar Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Euro-Dollar Loans of the other Banks), and and (b) after each of its Euro-Dollar Loans to such Borrower has been repaid, all payments of principal which would otherwise be applied to repay such Loans shall be applied to repay its Base Rate Loans instead. If such Bank 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 Euro-Dollar Loan on the first day of the next succeeding Interest Period applicable to the related Euro-Dollar Loans of the other Banks.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Imc Global Inc)

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