Common use of Borrowings, Conversions and Continuations of Canadian Loans Clause in Contracts

Borrowings, Conversions and Continuations of Canadian Loans. (i) Each Canadian Borrowing, each conversion of Canadian Loans from one Type to the other, and each continuation of CDOR Rate Loans shall be made upon the US Borrower’s irrevocable notice to the Canadian Lender, which may be given by telephone. Each such notice must be received by the Canadian Lender not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Borrowing of, conversion to or continuation of CDOR Rate Loans or of any conversion of CDOR Rate Loans to Canadian Prime Rate Loans, and (ii) on the requested date of any Borrowing of Canadian Prime Rate Loans. Each telephonic notice by the US Borrower pursuant to this Section 2.03(b) must be confirmed promptly by delivery to the Canadian Lender of a written Canadian Loan Notice, appropriately completed and signed by a Responsible Officer of the US Borrower. Each Borrowing of, conversion to or continuation of Canadian Loans shall be in a principal amount of C$100,000 or a whole multiple of C$100,000 in excess thereof. Each Canadian Loan Notice (whether telephonic or written) shall specify (i) whether the US Borrower is requesting a Canadian Borrowing, a conversion of Canadian Loans from one Type to the other, or a continuation of CDOR Rate Loans, (ii) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Canadian Loans to be borrowed, converted or continued, (iv) the Type of Canadian Loans to be borrowed or to which existing Canadian Loans are to be converted, (v) if applicable, the duration of the Interest Period with respect thereto, and (vi) the applicable Canadian Borrower. If the US Borrower fails to specify a Type of Canadian Loan in a Canadian Loan Notice or if the US Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Canadian Loans shall be made as, or converted to, Canadian Prime Rate Loans. Any automatic conversion to Canadian Prime Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable CDOR Rate Loans. If the US Borrower requests a Borrowing of, conversion to, or continuation of CDOR Rate Loans in any such Canadian Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month.

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Schnitzer Steel Industries Inc)

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Borrowings, Conversions and Continuations of Canadian Loans. (i) Each Canadian Borrowing, each conversion of Canadian Loans from one Type to the other, and each continuation of CDOR Eurocurrency Rate Loans or BA Rate Loans shall be made upon the US Canadian Borrower’s irrevocable notice to the Canadian LenderLender and the Administrative Agent, which may be given by telephone. Each such notice must be received by the Canadian Lender not later than 11:00 a.m. 12:00 noon (iA) three two Business Days prior to the requested date of any Borrowing of, conversion to or continuation of CDOR of, Eurocurrency Rate Loans or BA Rate Loans or of any conversion of CDOR Eurocurrency Rate Loans or BA Rate Loans to Canadian Prime Base Rate Loans, and Loans or (iiB) on the requested date of any Borrowing of Canadian Prime Base Rate Loans. Each telephonic such notice by the US Borrower pursuant to this Section 2.03(b) must be confirmed promptly by delivery to the Canadian Lender of a written Canadian Loan Notice, appropriately completed and signed by a Responsible Officer of the US Borrower. Each Borrowing of, conversion to or continuation of Canadian Loans shall be in a principal amount of C$100,000 or a whole multiple of C$100,000 in excess thereof. Each Canadian Loan Notice (whether telephonic or written) shall specify (i1) whether the US Canadian Borrower is requesting a Canadian Borrowing, a conversion of Canadian Loans from one Type to the other, or a continuation of CDOR Eurocurrency Rate Loans or BA Rate Loans, (ii2) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii3) the principal amount of Canadian Loans to be borrowed, converted or continued, which shall be a minimum principal amount of (ivx) C$250,000 and integral multiples of C$100,000 in excess thereof, in the case of BA Rate Loans (y) $250,000 and integral multiples of $100,000 in excess thereof, in the case of Eurocurrency Rate Loans and (z) C$250,000 ($250,000) and integral multiples of C$100,000 ($100,000) in excess thereof, in the case of Base Rate Loans (4) the Type of Canadian Loans to be borrowed or to which existing Canadian Loans are to be converted, and (v5) if applicable, the duration of the Interest Period with respect thereto. Each such telephonic notice must be confirmed promptly by delivery to the Canadian Lender and the Administrative Agent of a written Canadian Loan Notice, appropriately completed and (vi) signed by a Responsible Officer of the applicable Canadian Borrower. If the US Canadian Borrower fails to specify a Type of Canadian Loan in a Canadian Loan Notice or if the US Canadian Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Canadian Loans shall be made as, or converted to, Canadian Prime Base Rate Loans. Any automatic conversion to Canadian Prime Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable CDOR Eurocurrency Rate Loans or BA Rate Loans. If the US Canadian Borrower requests a Borrowing of, conversion to, or continuation of CDOR Eurocurrency Rate Loans or BA Rate Loans in any such Canadian Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Except as otherwise provided herein, a Canadian Loan that is a Eurocurrency Rate Loan or a BA Rate Loan may be continued or converted only on the last day of an Interest Period for such Canadian Loan. During the existence of a Default, no Canadian Loans may be requested as, converted to or continued as Eurocurrency Rate Loans or BA Rate Loans without the consent of the Required Lenders. No Canadian Loan may be converted into or continued as a Canadian Loan denominated in a different currency, but instead must be prepaid in the original currency of such Canadian Loan and reborrowed in the other currency.

Appears in 2 contracts

Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Navigant Consulting Inc)

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Borrowings, Conversions and Continuations of Canadian Loans. (i) Each Canadian Borrowing, each conversion of Canadian Loans from one Type to the other, and each continuation of CDOR Eurocurrency Rate Loans or BA Rate Loans shall be made upon the US Canadian Borrower’s irrevocable notice to the Canadian LenderLender and the Administrative Agent, which may be given by telephone. Each such notice must be received by the Canadian Lender not later than 11:00 a.m. (iA) three two Business Days prior to the requested date of any Borrowing of, conversion to or continuation of CDOR of, Eurocurrency Rate Loans or BA Rate Loans or of any conversion of CDOR Eurocurrency Rate Loans or BA Rate Loans to Canadian Prime Base Rate Loans, and Loans or (iiB) on the requested date of any Borrowing of Canadian Prime Base Rate Loans. Each telephonic such notice by the US Borrower pursuant to this Section 2.03(b) must be confirmed promptly by delivery to the Canadian Lender of a written Canadian Loan Notice, appropriately completed and signed by a Responsible Officer of the US Borrower. Each Borrowing of, conversion to or continuation of Canadian Loans shall be in a principal amount of C$100,000 or a whole multiple of C$100,000 in excess thereof. Each Canadian Loan Notice (whether telephonic or written) shall specify (i1) whether the US Canadian Borrower is requesting a Canadian Borrowing, a conversion of Canadian Loans from one Type to the other, or a continuation of CDOR Eurocurrency Rate Loans or BA Rate Loans, (ii2) the requested date of the Borrowing, conversion or continuation, as the case may be (which shall be a Business Day), (iii3) the principal amount of Canadian Loans to be borrowed, converted or continued, which shall be a minimum principal amount of (ivx) C$1,000,000 and integral multiples of C$100,000 in excess thereof, in the case of BA Rate Loans (y) $1,000,000 and integral multiples of $100,000 in excess thereof, in the case of Eurocurrency Rate Loans and (z) C$300,000 ($300,000) and integral multiples of C$100,000 ($100,000) in excess thereof, in the case of Base Rate Loans (4) the Type of Canadian Loans to be borrowed or to which existing Canadian Loans are to be converted, and (v5) if applicable, the duration of the Interest Period with respect thereto. Each such telephonic notice must be confirmed promptly by delivery to the Canadian Lender and the Administrative Agent of a written Canadian Loan Notice, appropriately completed and (vi) signed by a Responsible Officer of the applicable Canadian Borrower. If the US Canadian Borrower fails to specify a Type of Canadian Loan in a Canadian Loan Notice or if the US Canadian Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Canadian Loans shall be made as, or converted to, Canadian Prime Base Rate Loans. Any automatic conversion to Canadian Prime Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable CDOR Eurocurrency Rate Loans or BA Rate Loans. If the US Canadian Borrower requests a Borrowing of, conversion to, or continuation of CDOR Eurocurrency Rate Loans or BA Rate Loans in any such Canadian Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Except as otherwise provided herein, a Canadian Loan that is a Eurocurrency Rate Loan or a BA Rate Loan may be continued or converted only on the last day of an Interest Period for such Canadian Loan. During the existence of a Default, no Canadian Loans may be requested as, converted to or continued as Eurocurrency Rate Loans or BA Rate Loans without the consent of the Required Lenders. No Canadian Loan may be converted into or continued as a Canadian Loan denominated in a different currency, but instead must be prepaid in the original currency of such Canadian Loan and reborrowed in the other currency.

Appears in 1 contract

Samples: Credit Agreement (Navigant Consulting Inc)

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