Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems shall have the right, at any time, on three (3) Business Days prior irrevocable written notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following: (a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time, (b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof; (c) any portion of a Loan maturing or required to be repaid in less than two weeks may not be converted into or continued as a LIBOR Rate Loan; and (d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrowers shall have the right, at any time, on three (3) Business Days Days' prior irrevocable written or telecopy notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day Day's prior irrevocable written or telecopy notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,;
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrowers shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Administrative Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Samples: Financing Agreement (Milacron Inc)
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrowers shall have the right, at any time, on three two (32) Business Days prior irrevocable written notice by the Administrative Borrower to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrowers shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Administrative Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems The Borrower shall have the right, at any timesubject to the provisions of Section 2.8, (i) on three (3) Business Days Days' prior irrevocable written notice by the Borrower to the Administrative Agent, to continue or convert any LIBOR type of Loans as or into LIBO Rate LoanLoans, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1ii) Business Day prior with irrevocable written notice by the Borrower to the Administrative AgentAgent by 10:30 a.m. on the date of such proposed continuation or conversion, to continue or convert any LIBOR Rate Loan type of Loans as or portion thereof into a Reference Rate LoanLoans, in each case subject to the followingfollowing further conditions:
(a) no LIBOR Rate each continuation or conversion shall be made pro rata as to each type of Loan may to be continued as such or converted among the Banks in accordance with the respective amounts of their Commitments and no Reference Rate Loan may the notice given to the Administrative Agent by the Borrower shall specify the aggregate principal amount of Loans to be converted into a LIBOR Rate Loan, when any Event of Default continued or Default shall have occurred and be continuing at such time,converted;
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loanless than all Loans, the Loans continued or converted shall be in a minimum aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 3,000,000 and in multiples an integral multiple of $500,000 if in excess thereof1,000,000;
(c) accrued interest on each Loan (or portion thereof) being continued or converted shall be paid by the Borrower at the time of continuation or conversion;
(d) the Interest Period with respect to any Loan made in respect of a continuation or conversion thereof shall commence on the date of the continuation or conversion;
(e) any portion of a Loan maturing or required to be repaid prepaid in less than two weeks one month may not be continued as or converted into a LIBO Rate Loan;
(f) a LIBO Rate Loan may be continued or converted on the last day of the applicable Interest Period and, subject to Section 2.13, on any other day;
(g) no Loan (or portion thereof) may be continued as or converted into a LIBO Rate Loan if, after such continuation or conversion, an aggregate of more than 8 separate LIBO Rate Loans of any Bank would result, determined as set forth in Section 2.3(c);
(h) no Loan shall be continued or converted if such Loan by any Bank would be greater than the amount by which its Commitment exceeds the amount of its other Loans at the time outstanding or if such Loan would not comply with the other provisions of this Agreement; and
(i) any portion of a LIBO Rate Loan which cannot be converted into or continued as a LIBOR LIBO Rate Loan by reason of clause (e) or (g) above shall be automatically converted at the end of the Interest Period in effect for such Loan into a Reference Rate Loan. The Administrative Agent shall communicate the information contained in each irrevocable notice delivered by the Borrower pursuant to this Section 2.10 to the other Banks promptly after its receipt of the same. The Interest Period applicable to any LIBO Rate Loan resulting from a continuation or conversion shall be specified by the Borrower in the irrevocable notice of continuation or conversion delivered pursuant to this Section 2.10; and
(d) provided, however, that if any conversion of no such Interest Period for a LIBOR LIBO Rate Loan shall be effected specified, the Borrower shall be deemed to have selected an Interest Period of one month's duration. For purposes of this Section 2.10, notice received by the Administrative Agent from the Borrower after 10:30 a.m., New York time, on a day other than the last day of an Interest Period, Allied Systems Business Day shall reimburse each Revolving Loan Lender on demand for any loss incurred or be deemed to be incurred or to be incurred by it in received on the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Periodimmediately succeeding Business Day.
Appears in 1 contract
Samples: Credit Agreement (Fm Properties Inc)
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrower shall have the right, at any time, on three (3) Business Days prior irrevocable written notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrower shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrowers shall have the right, at any time, on three (3) Business Days Days' prior irrevocable written or telecopy notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day Day's prior irrevocable written or telecopy notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,;
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and;
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrowers shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof; and
(e) in the case of any conversion or continuation, such election must be made pursuant to a written notice (a "Notice of Conversion/Continuation") in the form of Exhibit D-2. In the event that Allied Systems the Administrative Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Samples: Financing Agreement (Milacron Inc)
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrower shall have the right, at any time, on three (3) Business Days Days' prior irrevocable written or telecopy notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day Day's prior irrevocable written or telecopy notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrower shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Samples: Credit Agreement (Packaged Ice Inc)
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrower shall have the right, at any time, on three two (32) Business Days prior irrevocable written notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrower shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. (a) Subject to Section 2.09 hereof, Allied Systems the Borrowers shall have the right, at any time, on three (3) Business Days Days' prior irrevocable written or telecopy notice to the Administrative Agent, to continue any LIBOR Rate Eurodollar Loan, or any portion thereof, into a subsequent Interest Period or or, to convert any Reference Base Rate Loan or portion thereof into a LIBOR Rate Eurodollar Loan, or on one (1) Business Day Day's prior irrevocable written or telecopy notice to the Administrative Agent, to convert any LIBOR Rate Eurodollar Loan or portion thereof into a Reference Base Rate Loan, subject to the following:
(ai) no LIBOR Rate Eurodollar Loan may be continued as such and no Reference Base Rate Loan may be converted into a LIBOR Rate Eurodollar Loan, when any Event of Default or Default shall have occurred and be continuing at such time,;
(bii) in the case of a continuation of a LIBOR Rate Eurodollar Loan as such or a conversion of a Reference Base Rate Loan into a LIBOR Rate Eurodollar Loan, the aggregate principal amount of such LIBOR Rate Eurodollar Loan shall not be less than $1,000,000 3,000,000 and in multiples of $500,000 1,000,000 if in excess thereof;
(ciii) accrued interest on the Loan (or portion thereof) being converted shall be paid by the applicable Borrower at the time of conversion;
(iv) a Base Rate Loan may be converted into a Eurodollar Loan only on the first Business Day of a month;
(v) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Eurodollar Loan; and
(dvi) if any conversion of a LIBOR Rate Eurodollar Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrowers shall jointly and severally reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems a Borrower shall not give notice to continue any LIBOR Rate Eurodollar Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Base Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems shall have the right, at any time, on three (3) Business Days prior irrevocable written notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Senior Loan maturing or required to be repaid in less than two weeks may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems The Borrower shall have the right, at any timesubject to the provisions of Section 2.8, (i) on three (3) Business Days Days' prior irrevocable written notice by the Borrower to the Administrative Agent, to continue or convert any LIBOR type of Loans as or into LIBO Rate LoanLoans, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1ii) Business Day prior with irrevocable written notice by the Borrower to the Administrative AgentAgent by 10:30 a.m. on the date of such proposed continuation or conversion, to continue or convert any LIBOR Rate Loan type of Loans as or portion thereof into a Reference Rate LoanLoans, in each case subject to the followingfollowing further conditions:
(a) no LIBOR Rate each continuation or conversion shall be made pro rata as to each type of Loan may to be continued as such or converted among the Banks in accordance with the respective amounts of their commitments and no Reference Rate Loan may the notice given to the Administrative Agent by the Borrower shall specify the aggregate principal amount of Loans to be converted into a LIBOR Rate Loan, when any Event of Default continued or Default shall have occurred and be continuing at such time,converted;
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loanless than all Loans, the Loans continued or converted shall be in a minimum aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 3,000,000 and in multiples an integral multiple of $500,000 if in excess thereof1,000,000;
(c) accrued interest on each Loan (or portion thereof) being continued or converted shall be paid by the Borrower at the time of continuation or conversion;
(d) the Interest Period with respect to any Loan made in respect of a continuation or conversion thereof shall commence on the date of the continuation or conversion;
(e) any portion of a Loan maturing or required to be repaid prepaid in less than two weeks one month may not be continued as or converted into a LIBO Rate Loan;
(f) a LIBO Rate Loan may be continued or converted on the last day of the applicable Interest Period and, subject to Section 2.13, on any other day;
(g) no Loan (or portion thereof) may be continued as or converted into a LIBO Rate Loan if, after such continuation or conversion, an aggregate of more than 8 separate LIBO Rate Loans of any Bank would result, determined as set forth in Section 2.3(c);
(h) no Loan shall be continued or converted if such Loan by any Bank would be greater than the amount by which its Commitment exceeds the amount of its other Loans at the time outstanding or if such Loan would not comply with the other provisions of this Agreement; and (i) any portion of a LIBO Rate Loan which cannot be converted into or continued as a LIBOR LIBO Rate Loan by reason of clause (e) or (g) above shall be automatically converted at the end of the Interest Period in effect for such Loan into a Reference Rate Loan. The Administrative Agent shall communicate the information contained in each irrevocable notice delivered by the Borrower pursuant to this Section 2.10 to the other Banks promptly after its receipt of the same. The Interest Period applicable to any LIBO Rate Loan resulting from a continuation or conversion shall be specified by the Borrower in the irrevocable notice of continuation or conversion delivered pursuant to this Section 2.10; and
(d) provided, however, that if any conversion of no such Interest Period for a LIBOR LIBO Rate Loan shall be effected specified, the Borrower shall be deemed to have selected an Interest Period of one month's duration. For purposes of this Section 2.10, notice received by the Administrative Agent from the Borrower after 10:30 a.m., New York time, on a day other than the last day of an Interest Period, Allied Systems Business Day shall reimburse each Revolving Loan Lender on demand for any loss incurred or be deemed to be incurred or to be incurred by it in received on the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Periodimmediately succeeding Business Day.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Administrative Borrower shall have the right, at any time, on three (3) Business Days Days' prior irrevocable written or telecopy notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrowers shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Administrative Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrower shall have the right, at any time, on three (3) Business Days prior irrevocable written notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 and in multiples of $500,000 if in excess thereof;
(c) any portion of a Revolving A Loan maturing or required to be repaid in less than two weeks 1 month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrower shall reimburse each Revolving A Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems the Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Samples: Credit Agreement (KCS Energy Inc)
Continuation and Conversion of Loans. Subject to Section 2.09 2.08 hereof, Allied Systems the Borrowers shall have the right, at any time, on three (3) Business Days prior irrevocable written notice to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,;
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 500,000 and in multiples of $500,000 100,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems Borrowers (on a joint and several basis) shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 2.09 hereof. In the event that Allied Systems shall the Borrower does not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at the expiration of the then current Interest Period.
Appears in 1 contract
Samples: Financing Agreement (Gordon Biersch Brewery Restaurant Group, Inc.)
Continuation and Conversion of Loans. Subject to Section 2.09 hereof, Allied Systems the Borrowers shall have the right, at any time, on three two (32) Business Days Days' prior irrevocable written notice by the Administrative Borrower to the Administrative Agent, to continue any LIBOR Rate Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Rate Loan or portion thereof into a LIBOR Rate Loan, or on one (1) Business Day Day's prior irrevocable written notice to the Administrative Agent, to convert any LIBOR Rate Loan or portion thereof into a Reference Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(b) in the case of a continuation of a LIBOR Rate Loan as such or a conversion of a Reference Rate Loan into a LIBOR Rate Loan, the aggregate principal amount of such LIBOR Rate Loan shall not be less than $1,000,000 100,000 and in multiples of $500,000 50,000 if in excess thereof;
(c) any portion of a Loan maturing or required to be repaid in less than two weeks one month may not be converted into or continued as a LIBOR Rate Loan; and;
(d) if any conversion of a LIBOR Rate Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrowers shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof; and
(e) no more than five (5) Interest Periods in the aggregate for the Borrowers may exist at anyone time. In the event that Allied Systems the Administrative Borrower shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such LIBOR Rate Loan shall automatically become a Reference LIBOR Rate Loan at the expiration of the then current Interest PeriodPeriod with an Interest Period ending one month thereafter.
Appears in 1 contract
Samples: Financing Agreement (North Atlantic Trading Co Inc)
Continuation and Conversion of Loans. (a) Subject to Section 2.09 hereof, Allied Systems the Borrower shall have the right, at any time, on three (3) Business Days Days' prior irrevocable written or telecopy notice to the Administrative Agent, to continue any LIBOR Rate Eurodollar Loan, or any portion thereof, into a subsequent Interest Period or to convert any Reference Base Rate Loan or portion thereof into a LIBOR Rate Eurodollar Loan, or on one (1) Business Day Day's prior irrevocable written or telecopy notice to the Administrative Agent, to convert any LIBOR Rate Eurodollar Loan or portion thereof into a Reference Base Rate Loan, subject to the following:
(a) no LIBOR Rate Loan may be continued as such and no Reference Rate Loan may be converted into a LIBOR Rate Loan, when any Event of Default or Default shall have occurred and be continuing at such time,
(bi) in the case of a continuation of a LIBOR Rate Eurodollar Loan as such or a conversion of a Reference Base Rate Loan into a LIBOR Rate Eurodollar Loan, the aggregate principal amount of such LIBOR Rate Eurodollar Loan shall not be less than $1,000,000 5,000,000 and in multiples of $500,000 1,000,000 if in excess thereof;
(cii) in the case of a conversion from a Eurodollar Loan to a Base Rate Loan, accrued interest on the Loan (or portion thereof) being converted shall be paid by the Borrower at the time of conversion;
(iii) any portion of a Loan maturing or required to be repaid in less than two weeks three months may not be converted into or continued as a LIBOR Rate Eurodollar Loan; and
(div) if any conversion of a LIBOR Rate Eurodollar Loan shall be effected on a day other than the last day of an Interest Period, Allied Systems the Borrower shall reimburse each Revolving Loan Lender on demand for any loss incurred or to be incurred or to be incurred by it in the reemployment of the funds released by such conversion as provided in Section 2.10 hereof. In the event that Allied Systems shall not give notice to continue any LIBOR Rate Loan into a subsequent Interest Period, such Loan shall automatically become a Reference Rate Loan at At the expiration of the then current Interest Period, each Eurodollar Loan shall automatically continue as a Eurodollar Loan with a subsequent Interest Period, unless the Borrower shall give notice to convert such Eurodollar Loan into a Base Rate Loan.
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