Common use of Choice of Interest Rate, Certain Funds Advance, Etc Clause in Contracts

Choice of Interest Rate, Certain Funds Advance, Etc. (x) Any Advance hereunder denominated in Dollars shall, at the option of the Borrower, be made as a Base Rate Advance or a LIBORTerm Rate Advance, (y) any Advance hereunder denominated in Sterling shall be made as XXXXX Rate Advance and (z) any Advance hereunder denominated in any other Alternative Currency shall be made as a LIBORTerm Rate Advance; provided, however, that, in each case, at such time as there shall have occurred and be continuing an Event of Default hereunder and upon request by the Majority Lenders, the Borrower shall not have the right to (i) in the case of Advances of Revolving Loans denominated in Dollars, receive or Continue a LIBORTerm Rate Advance or to Convert a Base Rate Advance to a LIBORTerm Rate Advance denominated in Dollars or (ii) in the case of Advances of Revolving Loans denominated in Alternative Currencies, receive or Continue a LIBORTerm Rate Advance, and the Majority Lenders may demand that any or all of the then outstanding LIBORTerm Rate Advances of Revolving Loans denominated in an AlternateAlternative Currency be, at the option of the Borrower, (A) prepaid or (B) redenominated into Dollars in the Dollar Equivalent thereof, on the last day of the then current Interest Period with respect thereto (provided that if no election is made by the Borrower by the earlier of (x) the date that is three Business Days after receipt by the Borrower of such notice and (y) the last day of the current Interest Period for the applicable Revolving Loan, the Borrower shall be deemed to have elected clause (B) above). In addition, the Company may request that an Advance that is in the form of a Revolving Loan be made as a Certain Funds Advance. If the Company requests a Revolving Loan but fails to specify whether it is a Certain Funds Advance, such Advance will be deemed not to be a Certain Funds Advance. Any notice given to the Administrative Agent in connection with a requested LIBORTerm Rate Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. New York City time in order for such Business Day to count toward the minimum number of Business Days required. Notwithstanding anything to the contrary herein, (i) a Swingline Loan may not be converted to a LIBORTerm Rate Advance and (ii) the borrowing procedures with respect to Swingline Loans shall be governed by Section 2.17.

Choice of Interest Rate, Certain Funds Advance, Etc. (x) Any Advance hereunder denominated in Dollars shall, at the option of the Borrower, be made as a Base Rate Advance or a LIBORTerm Rate LIBOR Advance, (y) any Advance hereunder denominated in Sterling shall be made as XXXXX Rate Advance and (z) any Advance hereunder denominated in any other Alternative Currency shall be made as a LIBORTerm Rate LIBOR Advance; provided, however, that, in each case, at such time as there shall have occurred and be continuing an Event of Default hereunder and upon request by the Majority Lenders, the Borrower shall not have the right to (i) in the case of Advances of Revolving Loans denominated in Dollars, receive or Continue a LIBORTerm Rate LIBOR Advance or to Convert a Base Rate Advance to a LIBORTerm Rate LIBOR Advance denominated in Dollars or (ii) in the case of Advances of Revolving Loans denominated in Alternative Currencies, receive or Continue a LIBORTerm Rate LIBOR Advance, and the Majority Lenders may demand that any or all of the then outstanding LIBORTerm Rate LIBOR Advances of Revolving Loans denominated in an AlternateAlternative Alternate Currency be, at the option of the Borrower, (A) prepaid or (B) redenominated into Dollars in the Dollar Equivalent thereof, on the last day of the then current Interest Period with respect thereto (provided that if no election is made by the Borrower by the earlier of (x) the date that is three Business Days after receipt by the Borrower of such notice and (y) the last day of the current Interest Period for the applicable Revolving Loan, the Borrower shall be deemed to have elected clause (B) above). In addition, the Company may request that an Advance that is in the form of a Revolving Loan be made as a Certain Funds Advance. If the Company requests a Revolving Loan but fails to specify whether it is a Certain Funds Advance, such Advance will be deemed not to be a Certain Funds Advance. Any notice given to the Administrative Agent in connection with a requested LIBORTerm Rate LIBOR Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. New York City time in order for such Business Day to count toward the minimum number of Business Days required. Notwithstanding anything to the contrary herein, (i) a Swingline Loan may not be converted to a LIBORTerm Rate LIBOR Advance and (ii) the borrowing procedures with respect to Swingline Loans shall be governed by Section 2.17.

Choice of Interest Rate, Certain Funds Advance, Etc. (x) Any Advance hereunder denominated in Dollars shall, at the option of the relevant Borrower, be made as a Base Rate Advance or a LIBORTerm Rate Advance, (y) any Advance hereunder denominated in Sterling shall be made as XXXXX Rate Xxxx Advance and (z) any Advance hereunder denominated in any other Alternative Currency shall be made as a LIBORTerm Rate Advance; provided, however, that, in each case, at such time as there shall have occurred and be continuing an Event of Default hereunder and upon request by the Majority Lenders, the no Borrower shall not have the right to (i) in the case of Advances of Revolving Loans denominated in Dollars, receive or Continue a LIBORTerm Rate Advance or to Convert a Base Rate Advance to a LIBORTerm Rate Advance denominated in Dollars or (ii) in the case of Advances of Revolving Loans denominated in Alternative Currencies, receive or Continue a LIBORTerm Rate Advance, and the Majority Lenders may demand that any or all of the then outstanding LIBORTerm Rate Advances of Revolving Loans denominated in an AlternateAlternative Currency be, at the option of the Borrower, (A) prepaid or (B) redenominated into Dollars in the Dollar Equivalent thereof, on the last day of the then current Interest Period with respect thereto (provided that if no election is made by the Borrower by the earlier of (x) the date that is three Business Days after receipt by the Borrower of such notice and (y) the last day of the current Interest Period for the applicable Revolving Loan, the Borrower shall be deemed to have elected clause (B) above). In addition, the Company (but not any other Borrower) may request that an Advance that is in the form of a Revolving Loan be made as a Certain Funds Advance. If the Company requests a Revolving Loan but fails to specify whether it is a Certain Funds Advance, such Advance will be deemed not to be a Certain Funds Advance. Any notice given to the Administrative Agent in connection with a requested LIBORTerm Rate Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. New York City time in order for such Business Day to count toward the minimum number of Business Days required. Notwithstanding anything to the contrary herein, (i) a Swingline Loan may not be converted to a LIBORTerm Rate Advance and (ii) the borrowing procedures with respect to Swingline Loans shall be governed by Section 2.17.

Choice of Interest Rate, Certain Funds Advance, Etc. (x) Any Advance hereunder denominated in Dollars shall, at the option of the relevant Borrower, be made as a Base Rate Advance or a LIBORTerm Rate Advance, (y) LIBOR Advance and any Advance hereunder denominated in Sterling shall be made as XXXXX Rate Advance and (z) any Advance hereunder denominated in any other an Alternative Currency shall be made as a LIBORTerm Rate LIBOR Advance; provided, however, that, in each case, at such time as there shall have occurred and be continuing an Event of a Default hereunder and upon request by the Majority Lendershereunder, the no Borrower shall not have the right to (i) in the case of Advances of Revolving Loans denominated in Dollars, receive or Continue a LIBORTerm Rate LIBOR Advance or to Convert a Base Rate Advance to a LIBORTerm Rate LIBOR Advance denominated in Dollars or (ii) in the case of Advances of Revolving Loans denominated in Alternative Currencies, receive or Continue a LIBORTerm Rate LIBOR Advance, if the Majority Lenders so notify the relevant Borrower, and the Majority Lenders may demand that any or all of the then outstanding LIBORTerm Rate LIBOR Advances of Revolving Loans denominated in an AlternateAlternative Alternate Currency bebe prepaid, at the option of the Borrower, (A) prepaid or (B) redenominated into Dollars in the Dollar Equivalent thereof, on the last day of the then current Interest Period with respect thereto (provided that if no election is made by the Borrower by the earlier of (x) the date that is three Business Days after receipt by the Borrower of such notice and (y) the last day of the current Interest Period for the applicable Revolving Loan, the Borrower shall be deemed to have elected clause (B) above)thereto. In addition, the Company (but not any other Borrower) may request that an Advance that is in the form of a Revolving Loan be made as a Certain Funds Advance. If the Company requests a Revolving Loan but fails to specify whether it is a Certain Funds Advance, such Advance will be deemed not to be a Certain Funds Advance. Any notice given to the Administrative Agent in connection with a requested LIBORTerm Rate LIBOR Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. (New York, New York City time time) in order for such Business Day to count toward the minimum number of Business Days required. Notwithstanding anything to the contrary herein, (i) a Swingline Loan may not be converted to a LIBORTerm Rate LIBOR Advance and (ii) the borrowing procedures with respect to Swingline Loans shall be governed by Section 2.17.

Choice of Interest Rate, Certain Funds Advance, Etc. (x) Any Advance hereunder denominated in Dollars shall, at the option of the relevant Borrower, be made as a Base Rate Advance or a LIBORTerm Rate LIBOR Advance, (y) any Advance hereunder denominated in Sterling shall be made as XXXXX Rate Advance and (z) any Advance hereunder denominated in any other Alternative Currency shall be made as a LIBORTerm Rate LIBOR Advance; provided, however, that, in each case, at such time as there shall have occurred and be continuing an Event of Default hereunder and upon request by the Majority Lenders, the no Borrower shall not have the right to (i) in the case of Advances of Revolving Loans denominated in Dollars, receive or Continue a LIBORTerm Rate LIBOR Advance or to Convert a Base Rate Advance to a LIBORTerm Rate LIBOR Advance denominated in Dollars or (ii) in the case of Advances of Revolving Loans denominated in Alternative Currencies, receive or Continue a LIBORTerm Rate LIBOR Advance, and the Majority Lenders may demand that any or all of the then outstanding LIBORTerm Rate LIBOR Advances of Revolving Loans denominated in an AlternateAlternative Alternate Currency be, at the option of the Borrower, (A) prepaid or (B) redenominated into Dollars in the Dollar Equivalent thereof, on the last day of the then current Interest Period with respect thereto (provided that if no election is made by the Borrower by the earlier of (x) the date that is three Business Days after receipt by the Borrower of such notice and (y) the last day of the current Interest Period for the applicable Revolving Loan, the Borrower shall be deemed to have elected clause (B) above). In addition, the Company (but not any other Borrower) may request that an Advance that is in the form of a Revolving Loan be made as a Certain Funds Advance. If the Company requests a Revolving Loan but fails to specify whether it is a Certain Funds Advance, such Advance will be deemed not to be a Certain Funds Advance. Any notice given to the Administrative Agent in connection with a requested LIBORTerm Rate LIBOR Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. New York City time in order for such Business Day to count toward the minimum number of Business Days required. Notwithstanding anything to the contrary herein, (i) a Swingline Loan may not be converted to a LIBORTerm Rate LIBOR Advance and (ii) the borrowing procedures with respect to Swingline Loans shall be governed by Section 2.17.