Common use of Continuation and Conversion Elections Clause in Contracts

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (a) in the case of Base Rate Loans, converted into Eurodollar Loans, or (b) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion notice (a "Notice of Continuation or Conversion"), which shall be substantially in the form of Exhibit D-2, to the Administrative Agent on or before 2:00 p.m.12:00 P.M., Central Charlotte, North Carolina time, on a Domestic Business Day (or Euro-Dollar Business Day, in the case of Euro-Dollar Loans outstanding), the Borrower may from time to time irrevocably elect, by notice on not less than three (3) nor more than five (5) the same Domestic Business Day, in the case of Base Rate Loans, or 3 Euro-Dollar Business Days’ notice , in the case of Euro-Dollar Loans, that all, or any portion in an aggregate minimum principal amount of $5,000,000 and an 500,000 or any larger integral multiple of $1,000,000 of any Borrowings 500,000 be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loansor Euro-Dollar Loans or, or (bii) in the case of Eurodollar Euro-Dollar Loans, be converted into a Base Rate Loan Loans or continued as a Eurodollar Loan of such Type Euro-Dollar Loans (in the absence of delivery of a Continuation/Notice of Continuation or Conversion Notice with respect to any Eurodollar Euro-Dollar Loan at least three (3) 3 Euro-Dollar Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Euro-Dollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ix) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all LendersBanks that have made such Loans, and (iiy) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans any Euro-Dollar Loan when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ ' notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); providedPROVIDED, howeverHOWEVER, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing. This Section shall not apply to Swingline Loans or Borrowings, which may not be converted or continued.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central New York time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ ' notice that all, or any portion in an aggregate minimum amount of $5,000,000 10,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.11:00 a.m., Central New York City time, on a Business Day, the Borrower may from time to time irrevocably elect, elect on not less than three (3) nor more than five (5) Business Days’ ' notice that allthe total amount, or any portion in an aggregate minimum amount of $5,000,000 500,000 and an integral multiple of $1,000,000 100,000, of any Borrowings Loans be, (a) in the case of Base Rate Loans, converted into Eurodollar LoansRate Loans or, or (b) in the case of Eurodollar Rate Loans, be converted into a Base Rate Loan or continued as a Eurodollar Rate Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Rate Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro pro-rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Rate Loans when any Event of Default has occurred and is continuingcontinuing or prior to the Subordinated Debt Proceeds Application.

Continuation and Conversion Elections. By delivering a Continuation/Conversion notice (a "Notice of Continuation or Conversion"), which shall be substantially in the form of Exhibit E, to the Administrative Agent on or before 2:00 p.m.12:00 P.M., Central Atlanta, Georgia time, on a Domestic Business Day (or Euro-Dollar Business Day, in the case of Euro-Dollar Loans outstanding), the Borrower may from time to time irrevocably elect, by notice on not less than three (3) nor more than five (5) the same Domestic Business Day, in the case of Base Rate Loans, or 3 Euro-Dollar Business Days’ notice , in the case of Euro-Dollar Loans, that all, or any portion in an aggregate minimum principal amount of $5,000,000 and an 1,000,000 or any larger integral multiple of $1,000,000 of any Borrowings 100,000 be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, Euro-Dollar Loans or (bii) in the case of Eurodollar Euro-Dollar Loans, be converted into a Base Rate Loan Loans or continued as a Eurodollar Loan of such Type Euro-Dollar Loans (in the absence of delivery of a Continuation/Notice of Continuation or Conversion Notice with respect to any Eurodollar Euro-Dollar Loan at least three (3) 3 Euro-Dollar Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Euro-Dollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ix) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all LendersLenders that have made such Loans, and (iiy) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans any Euro-Dollar Loan when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ ' notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (a) in the case of Base Rate Loans, converted into Eurodollar Loans, or (b) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ia) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (iib) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion notice (a "Notice of Continuation or Conversion"), which shall be substantially in the form of Exhibit E-2, to the Administrative Agent on or before 2:00 p.m.12:00 P.M., Central Atlanta, Georgia time, on a Domestic Business Day (or Euro-Dollar Business Day, in the case of Euro-Dollar Loans outstanding), the Borrower may from time to time irrevocably elect, by notice on not less than three (3) nor more than five (5) the same Domestic Business Day, in the case of Base Rate Loans, or 3 Euro-Dollar Business Days’ notice , in the case of Euro-Dollar Loans, that all, or any portion in an aggregate minimum principal amount of $5,000,000 and an 1,000,000 or any larger integral multiple of $1,000,000 of any Borrowings 500,000 be, (ai) in the case of Base Rate Loans, converted into Eurodollar LoansEuro-Dollar Loans or, or (bii) in the case of Eurodollar Euro-Dollar Loans, be converted into a Base Rate Loan Loans or continued as a Eurodollar Loan of such Type Euro-Dollar Loans (in the absence of delivery of a Continuation/Notice of Continuation or Conversion Notice with respect to any Eurodollar Euro-Dollar Loan at least three (3) 3 Euro-Dollar Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Euro-Dollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ix) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all LendersLenders that have made such Loans, and (iiy) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans any Fixed Rate Loan when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central New York time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less fewer than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings Loans, subject to the requirements of Section 2.3, be, (a) in the case of Base Rate Loans, converted into Eurodollar Loans, or (b) and in the case of Eurodollar Loans, be converted on the last day of the then current interest period into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all LendersLenders to the Borrower, and (ii) no portion of the outstanding principal amount of any Loans may be so continued as, or be so converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central New York time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ ' notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (a) in the case of Base Rate Loans, converted into Eurodollar Loans, or (b) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ia) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (iib) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/------------------------------------- Continuation/ Conversion Notice to the Administrative Agent on or before 2:00 p.m.9:00 a.m., Central Chicago time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice ' notice, that all, or any portion in an aggregate minimum amount of $5,000,000 500,000 and an integral multiple of $1,000,000 250,000, of any Borrowings Loans be, (a) in the case of Base Rate Loans, converted into Eurodollar LoansRate Loans or, or (b) in the case of Eurodollar Rate Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Rate Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ia) each such conversion or -------- ------- continuation shall be pro rated prorated among the applicable outstanding Loans of all Lenders, and (iib) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Rate Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings be, (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated prorated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m.10:00 a.m., Central New York time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less fewer than three (3) nor more than five (5) Business Days’ ' notice that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 of any Borrowings Loans, subject to the requirements of Section 2.3, be, (a) in the case of Base Rate Loans, converted into Eurodollar Loans, or (b) and in the case of Eurodollar Loans, be converted on the last day of the then current interest period into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all LendersLenders to the Borrower, and (ii) no portion of the outstanding principal amount of any Loans may be so continued as, or be so converted into, Eurodollar Loans when any Event of Default has occurred and is continuing.

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 2:00 p.m., Central time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than three (3) nor more than five (5) Business Days’ notice notice, that all, or any portion in an aggregate minimum amount of $5,000,000 and an integral multiple of $1,000,000 1,000,000, of any Borrowings be, be (ai) in the case of Base Rate Loans, converted into Eurodollar Loans, or (bii) in the case of Eurodollar Loans, be converted into a Base Rate Loan or continued as a Eurodollar Loan of such Type (in the absence of delivery of a Continuation/Conversion Notice with respect to any Eurodollar Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Eurodollar Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, Eurodollar Loans when any Event of Default has occurred and is continuing. This Section shall not apply to Swingline Loans or Borrowings, which may not be converted or continued.