Common use of Conversion and Designation of Interest Periods Clause in Contracts

Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Agent not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Conversion and subject to the provisions of Section 11.1, (i) AGCO may Convert all or any portion of the Multi-Currency Advances (but not Letter of Credit Advances) in U.S. dollars of one Type comprising the same Borrowing into Advances of another Type (other than Advances by way of Bankers' Acceptances), and (ii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances of another Type; provided that (w) any Conversion of LIBO Rate Advances into Base Rate Advances or into Advances by way of Bankers' Acceptances shall be made only on the last day of an Interest Period for such LIBO Rate Advances; any Conversion of Base Rate Advances into LIBO Rate Advances or into Advances by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances by way of Bankers' Acceptances into Base Rate Advances shall be made only on the last day of the relevant Contract Period; if less than all Advances by way of Bankers' Advances or all LIBO Rate Advances are Converted, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a) shall continue as Advances by way of Bankers' Acceptances or LIBO Rate Advances, as applicable; if less than all LIBO Rate Advances are Converted, after such Conversion, not less than the relevant minimum amount specified in Section 2.1 shall continue as LIBO Rate Advances; (x) if less than all Advances comprising part of the same Borrowing are Converted, the portion of the Advances Converted must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 and all Lenders' Advances comprising the Borrowing to be Converted in part shall be Converted ratably in accordance with their applicable Pro Rata Shares; (y) each Conversion of less than all Advances comprising part of the same Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d), and no such Conversion of any Advances may result in there being outstanding more separate Borrowings than permitted under Section 2.2(d); and (z) no Advances may be Converted into LIBO Rate Advances or into Advances by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion shall, within the restrictions specified above, specify (w) the date of such Conversion, (x) the Advances to be Converted, (y) if such Conversion is into LIBO Rate Advances, the duration of the initial Interest Period for such Advances, and (z) if such Conversion is into Advances by way of Bankers' Acceptances, the duration of the Contract Period for such Advances. Each notice of Conversion shall be irrevocable and binding on AGCO.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

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Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Administrative Agent not later than 11:00 A.M. a.m. (New York, New York City time) on the third Business Day prior to the date of the proposed Conversion or Continuation and subject to the provisions of Section 11.110.1 and so long as no Default or Event of Default has occurred and is continuing, (i) AGCO may Convert all or any portion of the Multi-Currency Advances Loans (but not Letter of Credit Advances) in U.S. dollars Dollars of one Type comprising the same Borrowing into Advances of another Type (other than Advances by way of Bankers' Acceptances), and (ii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances Loans of another Type; provided that (w) , or Continue any Conversion of LIBO Rate Advances into Base Rate Advances or into Advances by way of Bankers' Acceptances shall be made only on the last day of Loans for an additional Interest Period for such LIBO Rate Advances; any Conversion of Base Rate Advances into LIBO Rate Advances or into Advances by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances by way of Bankers' Acceptances into Base Rate Advances shall be made only on the last day of the relevant Contract Period; provided, if less than all Advances by way of Bankers' Advances or all LIBO Rate Advances are Converted, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a(i) shall continue as Advances by way of Bankers' Acceptances or LIBO Rate Advances, as applicable; if less than all LIBO Rate Advances Loans of any Class are ConvertedConverted or Continued, after such ConversionConversion or Continuation, not less than the relevant minimum amount amounts specified in Section 2.1 2.1(a)(i) (which minimums shall continue apply equally to any Incremental Term Loan Borrowings Converted hereunder) shall Continue as LIBO Rate AdvancesLoans of such Class; (xii) if less than all Advances Loans comprising part of the same Borrowing are ConvertedConverted or Continued, the portion of the Advances Loans Converted or Continued must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 2.1(a)(i) (which minimum amount shall apply equally to any Incremental Term Loan Borrowings Converted hereunder) and all Lenders' Advances ’ Loans comprising the Borrowing to be Converted or Continued in part shall be Converted or Continued ratably in accordance with their applicable Pro Rata Shares; and (yiii) each Conversion of less than all Advances Loans comprising part of the same Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d2.7(d), and no such Conversion or Continuation of any Advances Loans may result in there being outstanding more separate LIBO Rate Loan Borrowings than permitted under Section 2.2(d2.7(d); and (z) no Advances may be Converted into LIBO Rate Advances or into Advances by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion or Continuation shall, within the restrictions specified above, specify (wi) the date of such Conversion, or the last date of the Interest Period of the Loans to be Continued, (xii) the Advances Loans to be ConvertedConverted or Continued, and (yiii) if such Conversion is into LIBO Rate AdvancesLoans or a Continuation of LIBO Rate Loans, the duration and the expiration date of the initial new Interest Period for such Advances, and (z) if such Conversion is into Advances by way of Bankers' Acceptances, the duration of the Contract Period for such AdvancesLoans. Each notice of Conversion or Continuation shall be irrevocable and binding on AGCO. If a Borrower requests a Conversion to or Continuation of a LIBO Rate Loan but does not specify an Interest Period, then Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Administrative Agent not later than 11:00 A.M. a.m. (New York, New York City time) on the third Business Day prior to the date of the proposed Conversion or Continuation and subject to the provisions of Section 11.110.1 and so long as no Default or Event of Default has occurred and is continuing, (i) AGCO may Convert all or any portion of the Multi-Currency Advances Loans (but not Letter of Credit Advances) in U.S. dollars Dollars of one Type comprising the same Borrowing into Advances of another Type (other than Advances by way of Bankers' Acceptances), and (ii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances Loans of another Type; provided that (w) , or Continue any Conversion of LIBO Rate Advances into Non-Base Rate Advances or into Advances by way of Bankers' Acceptances shall be made only on the last day of Loan for an additional Interest Period for such LIBO Rate Advances; any Conversion of Base Rate Advances into LIBO Rate Advances or into Advances by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances by way of Bankers' Acceptances into Base Rate Advances shall be made only on the last day of the relevant Contract Period; provided, if (i) less than all Advances by way Non-Base Rate Loans of Bankers' Advances any Class are Converted or all LIBO Rate Advances are ConvertedContinued, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a) shall continue as Advances by way of Bankers' Acceptances or LIBO Rate Advances, as applicable; if less than all LIBO Rate Advances are Converted, after such ConversionContinuation, not less than the relevant minimum amount amounts specified in Section 2.1 (which minimums shall continue apply equally to any Incremental Term Loan Borrowings Converted hereunder) shall Continue as LIBO Non-Base Rate AdvancesLoans of such Class; (xii) if less than all Advances Loans comprising part of the same Borrowing are ConvertedConverted or Continued, the portion of the Advances Loans Converted or Continued must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 (which minimums shall apply equally to any Incremental Term Loan Borrowings Converted hereunder) and all Lenders' Advances Loans comprising the Borrowing to be Converted or Continued in part shall be Converted or Continued ratably in accordance with their applicable Pro Rata Shares; and (yiii) each Conversion of less than all Advances Loans comprising part of the same Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d2.7(d), and no such Conversion or Continuation of any Advances Loans may result in there being outstanding more separate Borrowings of Non-Base Rate Loans than permitted under Section 2.2(d2.7(d); and (z) no Advances may be Converted into LIBO Rate Advances or into Advances by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion or Continuation shall, within the restrictions specified above, specify (wi) the date of such Conversion, or the last date of the Interest Period of the Loans to be Continued, (xii) the Advances Loans to be Converted, (y) if such Conversion is into LIBO Rate Advances, the duration of the initial Interest Period for such Advances, and (z) if such Conversion is into Advances by way of Bankers' Acceptances, the duration of the Contract Period for such Advances. Each notice of Conversion shall be irrevocable and binding on AGCO.Converted or

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Administrative Agent not later than 11:00 A.M. (New York, New York City time) on the third Business Day prior to the date of the proposed Conversion and subject to the provisions of Section 11.111.1 and so long as no Default or Event of Default has occurred and is continuing, (i) AGCO may Convert all or any portion of the Multi-Currency Advances Revolving Loans (but not Letter of Credit Advances) in U.S. dollars Dollars of one Type comprising the same Borrowing into Advances of another Type (other than Advances by way of Bankers' Acceptances), and (ii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances Revolving Loans of another Type; provided that provided, if (wi) any Conversion of LIBO Rate Advances into Base Rate Advances or into Advances by way of Bankers' Acceptances shall be made only on the last day of an Interest Period for such LIBO Rate Advances; any Conversion of Base Rate Advances into LIBO Rate Advances or into Advances by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances by way of Bankers' Acceptances into Base Rate Advances shall be made only on the last day of the relevant Contract Period; if less than all Advances by way of Bankers' Advances or all LIBO Rate Advances are Converted, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a) shall continue as Advances by way of Bankers' Acceptances or LIBO Rate Advances, as applicable; if less than all LIBO Rate Advances Loans are Converted, after such Conversion, not less than the relevant minimum amount specified in Section 2.1 shall continue as LIBO Rate AdvancesLoans; (xii) if less than all Advances Loans comprising part of the same Revolving Loan Borrowing are Converted, the portion of the Advances Loans Converted must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 and all Lenders' Advances ’ Loans comprising the Borrowing to be Converted in part shall be Converted ratably in accordance with their applicable Pro Rata Shares; and (yiii) each Conversion of less than all Advances Loans comprising part of the same Revolving Loan Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d), and no such Conversion of any Advances Loans may result in there being outstanding more separate Revolving Loan Borrowings than permitted under Section 2.2(d); and (z) no Advances may be Converted into LIBO Rate Advances or into Advances by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion shall, within the restrictions specified above, specify (wi) the date of such Conversion, (xii) the Advances Loans to be Converted, Converted and (yiii) if such Conversion is into LIBO Rate AdvancesLoans, the duration of the initial Interest Period for such Advances, and (z) if such Conversion is into Advances by way of Bankers' Acceptances, the duration of the Contract Period for such AdvancesLoans. Each notice of Conversion shall be irrevocable and binding on AGCO.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Agent not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Conversion and subject to the provisions of Section 11.111.1 and so long as no Sharing Event shall have occurred, (i) AGCO may Convert all or any portion of the Multi-Currency Advances Revolving Loans (but not Letter of Credit Advances) in U.S. dollars Dollars of one Type comprising the same Borrowing into Advances Revolving Loans of another Type (other than Advances Revolving Loans by way of Bankers' Acceptances), (ii) AGCO may Convert all or any portion of the Term Loans in U.S. Dollars of one Type into Term Loans of another Type and (iiiii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances Revolving Loans (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances Revolving Loans of another Type; provided that (w) any Conversion of LIBO Rate Advances Loans into Base Rate Advances Loans or into Advances Revolving Loans by way of Bankers' Acceptances shall be made only on the last day of an Interest Period for such LIBO Rate AdvancesLoans; any Conversion of Base Rate Advances Loans into LIBO Rate Advances Loans or into Advances Revolving Loans by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances Revolving Loans by way of Bankers' Acceptances into Base Rate Advances Loans shall be made only on the last day of the relevant Contract Period; if less than all Advances Revolving Loans by way of Bankers' Advances or all LIBO Rate Advances Loans are Converted, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a2.14(a) shall continue as Advances Revolving Loans by way of Bankers' Acceptances or LIBO Rate AdvancesLoans, as applicable; if less than all LIBO Rate Advances Loans are Converted, after such Conversion, not less than the relevant minimum amount specified in Section 2.1 shall continue as LIBO Rate AdvancesLoans; (x) if less than all Advances Loans comprising part of the same Revolving Loan Borrowing are Converted, the portion of the Advances Loans Converted must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 and all Lenders' Advances Loans comprising the Borrowing to be Converted in part shall be Converted ratably in accordance with their applicable Pro Rata Shares; (y) each Conversion of less than all Advances Loans comprising part of the same Revolving Loan Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d2.3(d), and no such Conversion of any Advances Loans may result in there being outstanding more separate Revolving Loan Borrowings than permitted under Section 2.2(d2.3(d); and (z) no Advances Loans may be Converted into LIBO Rate Advances Loan or into Advances Revolving Loans by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion shall, within the restrictions specified above, specify (w) the date of such Conversion, (x) the Advances Loans to be Converted, (y) if such Conversion is into LIBO Rate AdvancesLoans, the duration of the initial Interest Period for such AdvancesLoans, and (z) if such Conversion is into Advances Revolving Loans by way of Bankers' Acceptances, the duration of the Contract Period for such AdvancesRevolving Loans. Each notice of Conversion shall be irrevocable and binding on AGCO.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

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Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Administrative Agent not later than 11:00 A.M. a.m. (New York, New York City time) on the third Business Day prior to the date of the proposed Conversion or Continuation and subject to the provisions of Section 11.110.1 and so long as no Default or Event of Default has occurred and is continuing, (i) AGCO may Convert all or any portion of the Multi-Currency Advances Loans (but not Letter of Credit Advances) in U.S. dollars Dollars of one Type comprising the same Borrowing into Advances of another Type (other than Advances by way of Bankers' Acceptances), and (ii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances Loans of another Type; provided that (w) , or Continue any Conversion of LIBO Rate Advances into Base Rate Advances or into Advances by way of Bankers' Acceptances shall be made only on the last day of Loans for an additional Interest Period for such LIBO Rate Advances; any Conversion of Base Rate Advances into LIBO Rate Advances or into Advances by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances by way of Bankers' Acceptances into Base Rate Advances shall be made only on the last day of the relevant Contract Period; provided, if less than all Advances by way of Bankers' Advances or all LIBO Rate Advances are Converted, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a(i) shall continue as Advances by way of Bankers' Acceptances or LIBO Rate Advances, as applicable; if less than all LIBO Rate Advances Loans of any Class are ConvertedConverted or Continued, after such ConversionConversion or Continuation, not less than the relevant minimum amount amounts specified in Section 2.1 2.1(a)(i) (which minimums shall continue apply equally to any Term Loan Borrowings Converted hereunder) shall Continue as LIBO Rate AdvancesLoans of such Class; (xii) if less than all Advances Loans comprising part of the same Borrowing are ConvertedConverted or Continued, the portion of the Advances Loans Converted or Continued must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 2.1(a)(i) (which minimum amount shall apply equally to any Term Loan Borrowings Converted hereunder) and all Lenders' Advances ’ Loans comprising the Borrowing to be Converted or Continued in part shall be Converted or Continued ratably in accordance with their applicable Pro Rata Shares; and (yiii) each Conversion of less than all Advances Loans comprising part of the same Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d2.7(d), and no such Conversion or Continuation of any Advances Loans may result in there being outstanding more separate LIBO Rate Loan Borrowings than permitted under Section 2.2(d2.7(d); and (z) no Advances may be Converted into LIBO Rate Advances or into Advances by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion or Continuation shall, within the restrictions specified above, specify (wi) the date of such Conversion, or the last date of the Interest Period of the Loans to be Continued, (xii) the Advances Loans to be ConvertedConverted or Continued, and (yiii) if such Conversion is into LIBO Rate AdvancesLoans or a Continuation of LIBO Rate Loans, the duration and the expiration date of the initial new Interest Period for such Advances, and (z) if such Conversion is into Advances by way of Bankers' Acceptances, the duration of the Contract Period for such AdvancesLoans. Each notice of Conversion or Continuation shall be irrevocable and binding on AGCO. If a Borrower requests a Conversion to or Continuation of a LIBO Rate Loan but does not specify an Interest Period, then Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

Conversion and Designation of Interest Periods. (a) On any Business Day, upon notice given to the Appropriate Administrative Agent not later than 11:00 A.M. a.m. (New York, New York City time) on the third Business Day prior to the date of the proposed Conversion or Continuation and subject to the provisions of Section 11.110.1 and so long as no Default or Event of Default has occurred and is continuing, (i) AGCO may Convert all or any portion of the Multi-Currency Advances Loans (but not Letter of Credit Advances) in U.S. dollars Dollars of one Type comprising the same Borrowing into Advances of another Type (other than Advances by way of Bankers' Acceptances), and (ii) the Canadian Subsidiary may Convert all or any portion of the Canadian Facility Advances (but not Letter of Credit Advances) of one Type comprising the same Borrowing into Advances Loans of another Type; provided that (w) , or Continue any Conversion of LIBO Rate Advances into Base Rate Advances or into Advances by way of Bankers' Acceptances shall be made only on the last day of Loans for an additional Interest Period for such LIBO Rate Advances; any Conversion of Base Rate Advances into LIBO Rate Advances or into Advances by way of Bankers' Acceptances shall be in an amount not less than the relevant minimum amount specified in Section 2.1; any Conversion of Advances by way of Bankers' Acceptances into Base Rate Advances shall be made only on the last day of the relevant Contract Period; provided, if less than all Advances by way of Bankers' Advances or all LIBO Rate Advances are Converted, after such Conversion not less than the relevant minimum amount specified in Section 2.13(a(i) shall continue as Advances by way of Bankers' Acceptances or LIBO Rate Advances, as applicable; if less than all LIBO Rate Advances Loans of any Class are ConvertedConverted or Continued, after such ConversionConversion or Continuation, not less than the relevant minimum amount amounts specified in Section 2.1 2.1(a)(i) (which minimums shall continue apply equally to any Term Loan Borrowings Converted hereunder) shall Continue as LIBO Rate AdvancesLoans of such Class; (xii) if less than all Advances Loans comprising part of the same Borrowing are ConvertedConverted or Continued, the portion of the Advances Loans Converted or Continued must at least equal the minimum aggregate principal amount of a Borrowing permitted under Section 2.1 2.1(a)(i) (which minimum amount shall apply equally to any Term Loan Borrowings Converted hereunder) and all Lenders' Advances ’ Loans comprising the Borrowing to be Converted or Continued in part shall be Converted or Continued ratably in accordance with their applicable Pro Rata Shares; and (yiii) each Conversion of less than all Advances Loans comprising part of the same Borrowing shall be deemed to be an additional Borrowing for purposes of Section 2.2(d2.7(d), and no such Conversion or Continuation of any Advances Loans may result in there being outstanding more separate LIBO Rate Loan Borrowings than permitted under Section 2.2(d2.7(d); and (z) no Advances may be Converted into LIBO Rate Advances or into Advances by way of Bankers' Acceptances while a Default has occurred and is continuing. Each such notice of Conversion or Continuation shall, within the restrictions specified ATL 19984825v10 above, specify (wi) the date of such Conversion, or the last date of the Interest Period of the Loans to be Continued, (xii) the Advances Loans to be ConvertedConverted or Continued, and (yiii) if such Conversion is into LIBO Rate AdvancesLoans or a Continuation of LIBO Rate Loans, the duration and the expiration date of the initial new Interest Period for such Advances, and (z) if such Conversion is into Advances by way of Bankers' Acceptances, the duration of the Contract Period for such AdvancesLoans. Each notice of Conversion or Continuation shall be irrevocable and binding on AGCO. If a Borrower requests a Conversion to or Continuation of a LIBO Rate Loan but does not specify an Interest Period, then Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Agco Corp /De)

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