We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

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

Base Rate Loans Substituted for Affected Fixed Rate. If (i) the obligation of any Lender to make, or convert outstanding Loans to, Euro-Dollar Loans has been suspended pursuant to Section 8.2 or (ii) any Lender has demanded compensation under Section 8.3(a) or 8.4, or the Borrower is required to make any additional payments under Section 8.4 in respect of any payments to any Lender, in either case with respect to its Euro-Dollar Loans, and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Loans which would otherwise be made by such Lender as (or continued as or converted into) Euro-Dollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Loans of the other Lenders), and (b) after each of its Euro-Dollar Loans has been repaid (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 Lender notifies the Borrower that the circumstances giving rise to such notice no longer apply, 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 Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Norfolk Southern Corp), Credit Agreement (Norfolk Southern Corp)

Base Rate Loans Substituted for Affected Fixed Rate. If (i) the obligation of any Lender Bank to make, or convert outstanding Loans to, Euro-Dollar Loans has been suspended pursuant to Section 8.2 8.02 or (ii) any Lender Bank has demanded compensation under Section 8.3(a8.03(a) or 8.48.04, or the Borrower is required to make any additional payments under Section 8.4 8.04 in respect of any payments to any LenderBank, in either case with respect to its Euro-Dollar Loans or its CD Loans, and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted into) CD Loans or Euro-Dollar Loans Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Loans of the other LendersBanks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaid (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 Lender Bank notifies the Borrower that the circumstances giving rise to such notice no longer apply, 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 LendersBanks.

Appears in 2 contracts

Samples: Credit Agreement (Norfolk Southern Corp), Credit Agreement (Norfolk Southern Corp)

Base Rate Loans Substituted for Affected Fixed Rate. If (i) the obligation of any Lender Bank to make, or convert outstanding Loans to, make Euro-Dollar Loans to any Borrower, or to convert outstanding Loans to any Borrower into or to continue outstanding Loans to any Borrower as Euro-Dollar Loans, pursuant to this Agreement has been suspended pursuant to Section 8.2 8.02 or (ii) any Lender Bank has demanded compensation under Section 8.3(a) 8.03 or 8.4, or the Borrower is required to make any additional payments under Section 8.4 in respect of any payments to any Lender, in either case 8.04 with respect to its Euro-Dollar Loans, Loans to any Borrower and the Borrower Company shall, by at least five Euro-Dollar Business Days' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section 8.05 shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower Company 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 Lender Bank as (or continued as or converted into) Euro-Dollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Euro-Dollar Loans of the other LendersBanks), and (b) if Base Rate Loans are substituted for Euro-Dollar Loans, after each of its Euro-Dollar Loans to such Borrower has been repaid (or converted to a Base Rate Loan), all payments of principal which would otherwise be applied to repay such Fixed Rate Euro-Dollar Loans shall be applied to repay its Base Rate Loans instead. If such Lender Bank notifies the Borrower Company that the circumstances giving rise to such notice no longer apply, the principal amount of each such Base Rate Loan which was substituted for 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 LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Timberland Co)

Base Rate Loans Substituted for Affected Fixed Rate. If (i) the obligation of any Lender Bank to make, or convert outstanding Loans to, Euro-Dollar Loans has been suspended pursuant to Section 8.2 or (ii) any Lender Bank has demanded compensation under Section 8.3(a) or 8.4, or the Borrower is required to make any additional payments under Section 8.4 in respect of any payments to any LenderBank, in either case with respect to its Euro-Dollar Loans or its CD Loans, and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Lender Bank through the Administrative Agent, have elected that the provisions of this Section shall apply to such LenderBank, then, unless and until such Lender Bank notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Loans which would otherwise be made by such Lender Bank as (or continued as or converted into) CD Loans or Euro-Dollar Loans Loans, as the case may be, shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Loans of the other LendersBanks), and (b) after each of its CD Loans or Euro-Dollar Loans Loans, as the case may be, has been repaid (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 Lender Bank notifies the Borrower that the circumstances giving rise to such notice no longer apply, 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 LendersBanks.

Appears in 1 contract

Samples: Credit Agreement (Norfolk Southern Corp)

Base Rate Loans Substituted for Affected Fixed Rate. If (i) the obligation of any Lender to make, or convert outstanding Loans to, Euro-Dollar Loans has been suspended pursuant to Section 8.2 or (ii) any Lender has demanded compensation under Section 8.3(a) or 8.4, or the Borrower is required to make any additional payments under Section 8.4 in respect of any payments to any Lender, in either case with respect to its Euro-Dollar Loans, and the Borrower shall, by at least five Euro-Dollar Business Days' ’ prior notice to such Lender through the Administrative Agent, have elected that the provisions of this Section shall apply to such Lender, then, unless and until such Lender notifies the Borrower that the circumstances giving rise to such suspension or demand for compensation no longer apply: (a) all Loans which would otherwise be made by such Lender as (or continued as or converted into) Euro-Dollar Loans shall instead be Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Loans of the other Lenders), and (b) after each of its Euro-Dollar Loans has been repaid (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 Lender notifies the Borrower that the circumstances giving rise to such notice no longer apply, 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 Lenders.

Appears in 1 contract

Samples: Credit Agreement (Norfolk Southern Corp)