Continuation Elections Sample Clauses
Continuation Elections. The relevant Borrower may from time to time by delivering a Continuation Notice to the Administrative Agent on or before 1:00 p.m., Applicable Time, on a Business Day, irrevocably elect, on not less than three nor more than five 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 the LIBO Rate Loans, be continued for one or more new Interest Periods; provided that:
(a) in the absence of delivery of a Continuation Notice with respect to any Loan, at least three Business Days (but not more than five Business Days) before the last day of the then current Interest Period with respect thereto, that Loan shall, on such last day, automatically continue for a new Interest Period having a duration equal to the original duration of the then expiring Interest Period; and
(b) no portion of the outstanding principal amount of any Loans may be continued with an Interest Period longer than one month while any Default has occurred and is continuing.
Continuation Elections. An authorized Person may, upon irrevocable Request to the Lender in accordance with Section 7.1(e) below, elect to continue, as of the last day of the applicable Interest Period, any portion (subject to the Minimum Borrowing Amount limitation) or all of any LIBOR Loan with the same or a different Interest Period, provided no partial continuation of a LIBOR Loan with a different Interest Period shall reduce the outstanding principal amount of the remaining LIBOR Loan with the same Interest Period to less than the Minimum Borrowing Amount.
Continuation Elections. By delivering a Continuation Notice to the Facility Agent on or before 10:00 a.m. 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 (counting the date on which such Continuation Notice is given) prior to the expiration of any Interest Period with respect to any then outstanding Loans, that such Loans be, upon the expiration of such Interest Period, continued as Loans for the Interest Period specified in such Continuation Notice; PROVIDED, HOWEVER, that, at any one time, only five (5) Interest Periods may be in effect; and PROVIDED, FURTHER, HOWEVER, that following any continuation of Loans, each tranche of Loans with identical Interest Periods made by all the Lenders shall be in an aggregate Principal Amount which is not less than U.S.$5,000,000 and in an integral multiple of U.S.$1,000,000.
Continuation Elections. (a) Upon the expiration of the applicable Interest Period, the Borrower shall have the option to continue all or any portion of any Loan as a LIBOR Rate Loan of the same Interest Period. Any such election must be made by the Borrower by 1:00 p.m. (Chicago time) on the 3rd Business Day prior to the end of such Interest Period. If no election is received with respect to a LIBOR Rate Loan by such time, that LIBOR Rate Loan shall be continued as a LIBOR Rate Loan with the same Interest Period. The Borrower must make such election by notice to Agent in writing, including by Electronic Transmission. Such election must be made pursuant to a written notice (a “Notice of Continuation”) substantially in the form of Exhibit 1.6.
(b) Upon receipt of a Notice of Continuation, Agent will promptly notify each Lender thereof. In addition, Agent will, with reasonable promptness, notify the Borrower and the Lenders of each determination of LIBOR; provided that any failure to do so shall not relieve the Borrower of any liability hereunder or provide the basis for any claim against Agent. All continuations shall be made pro rata according to the respective outstanding principal amounts of the Loans held by each Lender with respect to which the notice was given.
(c) Notwithstanding any other provision contained in this Agreement, after giving effect to any Borrowing, or to any continuation of any Loans, there shall not be more than five (5) different Interest Periods in effect at any one time.
Continuation Elections. By delivering a Continuation Notice to the Facility Agent on or before 11:00 a.m. 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 (counting the date on which such Continuation Notice is given) prior to the expiration of any Interest Period with respect to any then outstanding Loans, that such Loans be, upon the expiration of such Interest Period, continued as Loans for the Interest Period specified in such Continuation Notice; provided, however, that, at any one time (and subject to Clause 5.2(b) of the Common Terms Agreement), only five (5) Interest Periods may be in effect; and provided, further, however, that following any continuation of Loans, each tranche of Loans with identical Interest Periods made by all the Lenders shall be in an aggregate principal amount which is not less than U.S.$5,000,000 and in an integral multiple of U.S.$1,000,000. In the absence of delivery of a Continuation Notice with respect to any Loans at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such Loans shall, on such last day, automatically be deemed to be continued as Loans having (subject to Clause 3.2(b)) an Interest Period determined pursuant to the provisions of clause (c) of the definition of such term. Upon receipt of a Continuation Notice, the Facility Agent shall promptly notify each Lender and the Principal Facilities Agent of the contents thereof, and such Continuation Notice shall not thereafter be revocable.
Continuation Elections. (a) To continue all or part of the Loan for the same (or for a different) Interest Period, the Borrower must deliver a Continuation Notice to the Lender no later than 10.00 a.m. five Business Days prior to the expiration of the relevant Interest Period then in effect. To the extent the Borrower wishes to issue a Continuation Notice with respect to part (but not all) of the Loan, such Continuation Notice must relate to an aggregate Principal Amount of multiples of U.S.$500,000, and a maximum of two Interest Periods with respect to the Loan may be outstanding at any one time after giving effect thereto.
(i) Each new Interest Period will commence on the expiration of the preceding Interest Period relating to all or that portion of the Loan made pursuant to the Borrowing Notice or continued pursuant to a Continuation Notice.
(ii) If the Borrower fails to deliver a Continuation Notice as and when required, it, subject as provided in clauses (d) and (e) of the definition of "Interest Period", will be deemed to have requested that the then current Loan be continued for an Interest Period that is the same as the duration of the Interest Period then currently in effect with respect to the Loan.
(c) A Continuation Notice once given shall be irrevocable.
Continuation Elections. (a) The Borrower may, upon irrevocable written notice to the Bank in accordance with Section 2.04(b), elect as of the last day of the applicable Interest Period, to continue any Loans having Interest Periods expiring on such day (or any part thereof in an amount not less than the Equivalent of $250,000, or that is in an integral multiple of the Equivalent of $100,000 in excess thereof).
(b) The Borrower shall deliver a Notice of Continuation to be received by the Bank not later than 10:00 a.m. (Frankfurt time) at least two Business Days in advance of the Continuation Date, specifying:
(i) the proposed Continuation Date;
(ii) the aggregate amount of Loans to be continued;
(iii) the Approved Currency in which the Loans subject to the proposed continuation is denominated; and
(iv) the duration of the requested Interest Period.
(c) If upon the expiration of any Interest Period applicable to a Loan, the Borrower has failed to select a new Interest Period to be applicable to such Loan by the time specified in Section 2.04(b), or if any Default or Event of Default then exists, the Borrower shall be deemed to have elected to convert such Loan into an Interest Period of one month.
Continuation Elections. By delivering a Continuation Notice to the Agent on or before 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 continued as a Eurodollar Loan with an Interest Period as set forth in such Continuation Notice (in the absence of delivery of a Continuation 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 be continued as a Loan with an Interest Period of one (1) month.
Continuation Elections. By delivering a Continuation Notice to the Administrative Agent on or before 11:00 a.m. (New York City time) on a Business Day, the Borrowers may from time to time irrevocably elect on not less than three nor more than five Business Days’ notice, that all, or any portion in an aggregate minimum amount of $1,000,000 and an integral multiple of $1,000,000 be continued as Loans accruing interest at the Adjusted Eurodollar Rate (in the absence of delivery of a Continuation Notice with respect to any Loan at least three Business Days (but not more than five Business Days) before the last day of the then current Interest Period with respect thereto, such Loan shall, on such last day, automatically continue for an Interest Period of one month); provided, however, that (a) each such continuation shall be prorated among the applicable outstanding Loans of all Lenders and (b) with respect to the Loans accruing interest at the Adjusted Eurodollar Rate that have an Interest Period ending on one particular date such Loans shall not be subject to the integral multiple requirement set forth above (it being understood that, if there are Loans with Interest Periods ending on more than one date, this clause shall only apply to those Loans with an Interest Period ending on one particular date and no other date).
Continuation Elections. (a) The Borrower may, upon irrevocable (subject to subsection 10.2(c) and Section 10.5) written notice to the Agent in accordance with subsection 1.6(b), elect to convert on any Business Day any Base Rate Loans into LIBOR Rate Loans or elect to continue on the last day of the applicable Interest Period any LIBOR Rate Loans having Interest Periods maturing on such day, in each instance, in whole or in part in an amount not less than $100,000, or that is in an integral multiple of $50,000 in excess thereof.
(b) The Borrower shall deliver a Notice of Continuation/Conversion to be received by the Agent not later than 11:00 a.m. (Chicago time) at least three (3) Business Days in advance of the requested Conversion Date or continuation date, specifying:
(i) the proposed Conversion Date or continuation date;
(ii) the aggregate amount of Loans to be converted or continued; and
(iii) the duration of the requested Interest Period with respect to the Loans to be converted or continued as LIBOR Rate Loans.
(c) If upon the expiration of any Interest Period applicable to LIBOR Rate Loans, the Borrower has failed to select timely a new Interest Period to be applicable to such LIBOR Rate Loans, the Borrower shall be deemed to have elected to continue such LIBOR Rate Loan as a LIBOR Rate Loan with an Interest Period of one (1) month.
(d) If upon the expiration of any Interest Period applicable to LIBOR Rate Loans any Event of Default shall then exist, the Borrower shall be deemed to have elected to convert such LIBOR Rate Loans into Base Rate Loans effective as of the expiration date of such current Interest Period.
(e) Upon receipt of a Notice of Continuation/Conversion, the Agent will promptly notify each Lender thereof. In addition, the Agent will, with reasonable promptness, notify the Borrower and the Lenders of each determination of LIBOR; provided that any failure to do so shall not relieve the Borrower of any liability hereunder or provide the basis for any claim against the Agent. All conversions and continuations shall be made pro rata according to the respective outstanding principal amounts of the Loans with respect to which the notice was given held by each Lender.
(f) Unless the Agent or the Required Lenders shall otherwise agree, during the existence of an Event of Default, the Borrower may not elect to have a Loan converted into or continued as a LIBOR Rate Loan.
(g) Notwithstanding any other provision contained in this Agreement, after giving effect to the...