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

Base Rate Loans Substituted for Affected Fixed Rate. Loans. If (i) the obligation of any Lender to make Euro-Dollar Loans has been ----- suspended pursuant to Section 8.02 or (ii) any Lender has demanded compensation under Section 8.03(a) and the Borrower shall, by at least five Euro-Dollar Business Days' prior notice to such Lender through the 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 CD Loans or Euro-Dollar Loans, as the case may be, shall be made instead as 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 CD Loans or Euro-Dollar 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.

Appears in 1 contract

Samples: Credit Agreement (FMC Corp)

Base Rate Loans Substituted for Affected Fixed Rate. Loans. If (i) the obligation of any Lender Bank to make or maintain Euro-Dollar Loans ----- has been ----- suspended pursuant to Section 8.02 or (ii) any Lender Bank has demanded compensation under Section 8.03(a) 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 applyexist: (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, as the case may be, shall instead be made instead as 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, 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 notice no longer apply, the principal amount of each such Base Rate Loan shall be converted into a CD Loan or Euro-Dollar 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 (Dean Witter Discover & Co)

Base Rate Loans Substituted for Affected Fixed Rate. Loans. If (i) the obligation of any Lender Bank to make make, or convert outstanding Loans to, Euro-Dollar Loans has been ----- suspended pursuant to Section 8.02 9.02 or (ii) any Lender Bank has demanded compensation under Section 8.03(a) 9.03 or 9.04 with respect to its CD Loans or Euro- Dollar Loans 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 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 apply: (a) exist, all Loans which would otherwise be made by such Lender Bank as (or continued as or converted into) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Loans of the other LendersBanks). If such Bank notifies the Company that the circumstances giving rise to such notice no longer apply, and (b) after the principal amount of each of its such Base Rate Loan shall be converted into a CD Loans Loan or Euro-Dollar LoansLoan, as the case may be, has been repaid, all payments on the first day of principal which would otherwise be applied the next succeeding Interest Period applicable to repay such Fixed Rate the related CD Loans shall be applied to repay its Base Rate or Euro-Dollar Loans insteadof the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Vlasic Foods International Inc)

Base Rate Loans Substituted for Affected Fixed Rate. Loans. If (i) the obligation of any Lender Bank to make make, or convert outstanding Loans to, Euro-Dollar Loans has been ----- suspended pursuant to Section 8.02 or (ii) any Lender 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 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 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 apply: (a) exist, all Loans which would otherwise be made by such Lender Bank as (or continued as or converted into) CD Loans or Euro-Dollar Loans, as the case may be, shall instead be made instead as Base Rate Loans (on which interest and principal shall be payable contemporaneously with the related Fixed Rate Loans of the other LendersBanks). If such Bank notifies the Company that the circumstances giving rise to such notice no longer apply, and (b) after the principal amount of each of its such Base Rate Loan shall be converted into a CD Loans Loan or Euro-Dollar LoansLoan, as the case may be, has been repaid, all payments on the first day of principal which would otherwise be applied the next succeeding Interest Period applicable to repay such Fixed Rate the related CD Loans shall be applied to repay its Base Rate or Euro-Dollar Loans insteadof the other Banks.

Appears in 1 contract

Samples: Credit Agreement (Vlasic Foods International Inc)