Common use of Conversion/Continuation Option Clause in Contracts

Conversion/Continuation Option. (a) Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO Rate Loan or any portion thereof for an additional Interest Period; provided that the aggregate amount of the LIBO Rate Loans for each Interest Period must be in the amount that is not less than $1,000,000. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s Ratable Portion of the applicable Facility. Each such election shall be in substantially the form of Exhibit F (a “Notice of Conversion or Continuation”) and shall be made by giving the Administrative Agent at least three Business Days’ prior written notice specifying (A) the amount, Tranche and Type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Rate Loans, (ii) no continuation in whole or in part of LIBO Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14. If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Agilon Health, Inc.)

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Conversion/Continuation Option. (a) Swing Advances shall be automatically converted to Base Rate Loans on the Business Day following the date of borrowing thereof. (b) The Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Eurodollar Rate Loans, (ii) at any time to convert Swing Advances or any portion thereof to Base Rate Loans and or Eurodollar Rate Loans, or (iiiii) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans Loans, or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Rate Eurodollar Loans for each Interest Period therefor must be in the amount that is not less than of $1,000,0005,000,000 or an integral multiple of $500,000 in excess thereof. Each conversion or continuation shall be allocated among the Loans of each Lender all Lenders in accordance with such Lender’s their Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F C hereto (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least three (3) Business Days' prior written notice thereof specifying (A) the amount, Tranche amount and Type type of Loan being converted conversion or continuedcontinuation, (B) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans, the applicable Interest Period therefor, and (C) in the case of a conversion, the date of conversion. conversion (b) which date shall be a Business Day and, if a conversion from Eurodollar Rate Loans, shall also be the last day of the Interest Period therefor). The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected thereincontents thereof and such Lender's Ratable Portion of the Loans to be converted. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans or Swing Advances to LIBO Eurodollar Rate Loans, (ii) and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans therefor, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14continuing. If, within the time period required under the terms of this Section 2.112.8, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.Period therefor,

Appears in 1 contract

Samples: Revolving Credit Agreement (Felcor Suite Hotels Inc)

Conversion/Continuation Option. (a) With respect to each Eurocurrency Loan of any Borrower other than a Dollar Loan, at the end of any Interest Period with respect thereto such Eurocurrency Loan shall be continued as a Eurocurrency Loan for an additional Interest Period selected by such Borrower pursuant to a written notice (an "IP Notice") delivered to the Agent at least three Business Days prior to the first day of such Interest Period; provided, however, that if such Borrower fails to specify an Interest Period for such Eurocurrency Loan, such Interest Period shall be one month. (b) With respect to Base Rate Loans and Eurocurrency Loans that are Dollar Loans of any Borrower other than Swing Loans, such Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Rate Loans and (ii) Eurocurrency Loans, and, at the end of any applicable Interest PeriodPeriod with respect thereto, to convert its LIBO Rate Eurocurrency Loans or any portion thereof into Base Rate Loans Loans, or to continue any LIBO Rate Loan such Eurocurrency Loans or any portion thereof for an additional Interest Period; provided that the aggregate amount of the LIBO Rate Loans for each Interest Period must be in the amount that is not less than $1,000,000. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s Ratable Portion of the applicable Facility. Each such election shall be , by delivering a written notice, in substantially the form of Exhibit F C hereto (a "Notice of Conversion or Continuation”) and shall be made by giving "), to the Administrative Agent at least three Business Days’ Days prior written notice to the proposed date of conversion or continuation specifying (Ai) the amount, Tranche amount and Type type of Loan being converted conversion or continuedcontinuation, (Bii) in the case of a conversion to or a continuation of LIBO Rate Eurocurrency Loans, the applicable Interest Period therefor, and (Ciii) in the case of a conversion, the date of conversion. conversion (b) The Administrative Agent which date shall promptly notify each Lender be a Business Day and, if a conversion from Eurocurrency Loans, shall also be the last day of the Administrative Agent’s receipt of a Interest Period therefor); provided, however, that (A) no Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of with respect to Base Rate Loans to LIBO Rate Loans, (ii) no continuation in whole or in part of LIBO Rate Eurocurrency Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate that are U.S. Dollar Term B Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred effective unless given jointly by the applicable Term Loan Borrowers, and be continuing (unless the Requisite Lenders otherwise consent) or (B) if, with respect to any Eurocurrency Loans that are Dollar Loans of any Borrower, the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14. IfAgent does not receive, within the time period required under the terms of this Section 2.112.8, the Administrative Agent does not receive a Notice of Conversion or Continuation from such Borrower containing a permitted election to continue any LIBO Rate such Eurocurrency Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest PeriodPeriod therefor, LIBO Rate such Loans shall will be automatically converted to Base Rate Loans. Each Notice . (c) With respect to all Eurocurrency Loans, the aggregate of Conversion or Continuation the Eurocurrency Loans of the same currency for each Interest Period therefor shall be irrevocable.in the amount of $500,000 or an integral multiple of $100,000 in excess thereof (or the equivalent thereof in an Alternative Currency determined in accordance with Section 2.17

Appears in 1 contract

Samples: Credit Agreement (Euramax International PLC)

Conversion/Continuation Option. (a) Each Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO Eurocurrency Rate Loan or BA Rate Loan or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Rate Loans, EURIBO Rate Loans or BA Rate Loans, as the case may be, for each Interest Period must be in the amount that is not less than $1,000,000the applicable Minimum Currency Threshold. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s Ratable Portion of the applicable Facility. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”) and shall be made by giving the Administrative Agent at least three Business Days’ prior written notice specifying (A) the amount, Tranche amount and Type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurocurrency Rate Loans or BA Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Rate Loans, (ii) no continuation in whole or in part of LIBO Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO EURIBO Rate Loans or BA Rate Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurocurrency Rate Loan would violate any provision of Section 2.14. If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.2.14 (

Appears in 1 contract

Samples: Credit Agreement (Johnsondiversey Holdings Inc)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day Day, to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO Eurocurrency Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurocurrency Rate Loans denominated in Dollars or any portion thereof into Base Rate Loans or to continue any LIBO (x) Eurocurrency Rate Loan Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof thereof, for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Eurocurrency Rate Loans or EURIBOR Rate Loans for each Interest Period must be in the amount that is not less than $1,000,000of the applicable Minimum Threshold. Each conversion or continuation shall be allocated among the Loans of each Revolving Credit Lender in accordance with such Revolving Credit Lender’s Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”) and shall be made by giving the Administrative Agent at least three Business Days’ prior written notice specifying AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATION (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurocurrency Rate Loans or EURIBOR Rate Loans, as applicable, the applicable Interest Period and (C) in the case of a conversion, the date of such conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation pursuant to Section 2.11(a) above and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurocurrency Rate Loans, (ii) Loans and no continuation in whole or in part of LIBO Rate Revolving Loans denominated in an Alternative Currency (other than to Revolving Loans having an Interest Period of one month) upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurocurrency Rate Loan would violate any provision of Section 2.14. If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.2.14 (

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

Conversion/Continuation Option. (a) Borrower The Borrowers may elect (i) (x) at any time on any Business Day Day, to convert its Base Rate Loans (other than Swing Loans and Protective Advances) (or, in the case of the Canadian Borrower, Canadian Base Rate Loans (other than Protective Advances)) or any portion thereof to LIBO Eurodollar Rate Loans and (iiy) at the end of any applicable Interest Period, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans (or, in the case of Eurodollar Rate Loans made to the Canadian Borrower, Canadian Base Rate Loans) or to continue such Eurodollar Rate Loans or any LIBO Rate Loan portion thereof for an additional Interest Period, or (ii) in the case of the Canadian Borrower, (x) at any time on any Business Day, to convert Canadian Prime Loans or any portion thereof to CDOR Loans and (y) at the end of any applicable Interest Period, to convert CDOR Loans or any portion thereof into Canadian Prime Loans or to continue such Canadian Prime Loans or any portion thereof for an additional Interest Period; provided that provided, that, in the case of clauses (i) and (ii) above, the aggregate amount of the LIBO Eurodollar Rate Loans or the aggregate amount of the CDOR Loans, in each case for each Interest Period must be in the amount that is not less than of at least $1,000,0001,000,000 or an integral multiple of $500,000 in excess thereof. Each conversion or continuation shall be allocated among the Loans of each Revolving Credit Lender in accordance with such Revolving Credit Lender’s Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”) and shall be made by the Borrower Representative giving the Administrative Agent at least three Business Days’ prior written notice specifying (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans or CDOR Loans, the applicable Interest Period and (C) in the case of a conversion, the date of such conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of (i) Base Rate Loans or Canadian Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) Loans and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period or (ii) Canadian Prime Loans to CDOR Loans and (iii) no election continuation in whole or in part of an CDOR Loans upon the expiration of any applicable Interest Period Period, in excess of one month in respect of LIBO Rate Loans any case shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurodollar Rate Loan or CDOR Loan would violate any provision of Section 2.14. If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.2.14 (

Appears in 1 contract

Samples: Credit Agreement (UTi WORLDWIDE INC)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day Day, to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO Eurocurrency Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurocurrency Rate Loans denominated in Dollars or any portion thereof into Base Rate Loans or to continue any LIBO (x) AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATION Eurocurrency Rate Loan Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof thereof, for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Eurocurrency Rate Loans or EURIBOR Rate Loans for each Interest Period must be in the amount that is not less than $1,000,000of the applicable Minimum Threshold. Each conversion or continuation shall be allocated among the Loans of each Revolving Credit Lender in accordance with such Revolving Credit Lender’s Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”) and shall be made by giving the Administrative Agent at least three Business Days’ prior written notice specifying (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurocurrency Rate Loans or EURIBOR Rate Loans, as applicable, the applicable Interest Period and (C) in the case of a conversion, the date of such conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation pursuant to Section 2.11(a) above and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurocurrency Rate Loans, (ii) Loans and no continuation in whole or in part of LIBO Rate Revolving Loans denominated in an Alternative Currency (other than to Revolving Loans having an Interest Period of one week or one month) upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurocurrency Rate Loan would violate any provision of Section 2.14. If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.2.14 (

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

Conversion/Continuation Option. (a) Borrower The Borrowers may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Eurodollar Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Eurodollar Rate Loans for each Interest Period must be in the an amount that is not less than an integral multiple of $1,000,0001,000,000.00. Each conversion or continuation shall be allocated among the Loans subject to such conversion or continuation of each Applicable Lender in accordance with such Lender’s Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (a “Notice of Conversion or Continuation”) and shall be made by giving the Applicable Administrative Agent at least three Business Days’ prior written notice specifying specifying, in each case, (A) the amount, Tranche Facility and Type of Loan Loans being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of conversion. (b) The Applicable Administrative Agent shall promptly notify each Applicable Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans Period, shall be permitted at any time at during which (Ai) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (Bii) the continuation of, or conversion into, a LIBO Eurodollar Rate Loan would violate any provision of Section 2.142.17. If, within the time period required under the terms of this Section 2.112.14, the Applicable Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower the Borrowers containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate such Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Superpriority Senior Secured Debtor in Possession Credit Agreement (McDermott International Inc)

Conversion/Continuation Option. (a) The U.S. Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO Eurocurrency Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurocurrency Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO such Eurocurrency Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Eurocurrency Rate Loans for each Interest Period must be in the amount that is not less than $1,000,000the Minimum Currency Threshold. The U.K. Borrower and the Dutch Borrower may elect the length of the new Interest Period or Interest Periods with respect to such Borrower's Eurocurrency Rate Loans at the end of the then current Interest Period with respect to such Loans; provided, however, that the aggregate amount of the Eurocurrency Rate Loans for each Interest Period must be not less than the Minimum Currency Threshold. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s 's Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (a “Form of Notice of Conversion or Continuation) (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least three Business Days' prior written notice specifying (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurocurrency Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of such conversion. (b) The Administrative Agent shall promptly notify each applicable Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurocurrency Rate Loans, (ii) and no continuation in whole or in part of LIBO Dollar Revolving Loans or U.S. Term Loans that are Eurocurrency Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurocurrency Rate Loan would violate any provision of Section 2.142.14 (Special Provisions Governing Eurocurrency Rate Loans). If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from the applicable Borrower containing a permitted election to continue any LIBO Eurocurrency Rate Loans for an additional Interest Period or to convert any such LIBO Rate LoansLoans (and, in the case of Loans to the U.K. Borrower or the Dutch Borrower, if an Event of Default shall have occurred and is continuing at the end of any Interest Period), then, upon the expiration of the applicable Interest Period, LIBO Rate Loans denominated in Dollars shall be automatically converted to Base Rate LoansLoans and Loans denominated in Euros or Sterling shall be automatically continued as Eurocurrency Rate Loans with an Interest Period of one month. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Acco Brands Corp)

Conversion/Continuation Option. (a) Borrower The Seller may elect (i) at any time on any Business Day Day, to convert its Capital Investments bearing Yield at the Citicorp Base Rate Loans (other than Swing Purchases and Reimbursement Obligations) or any portion thereof to Capital Investments bearing Yield at the Citicorp LIBO Rate Loans and (ii) at the end of any applicable Interest Yield Period, to convert its Capital Investments bearing Yield at the Citicorp LIBO Rate Loans or any portion thereof into Capital Investments bearing Yield at the Citicorp Base Rate Loans or to continue any such Capital Investments bearing Yield at the Citicorp LIBO Rate Loan or any portion thereof for an additional Interest Yield Period; provided provided, however, that the aggregate amount of the Capital Investments bearing Yield at the Citicorp LIBO Rate Loans for each Interest Yield Period must be in the an amount that is not less than of at least $1,000,00010,000,000 or an integral multiple of $2,500,000 in excess thereof. Each conversion or continuation shall be allocated among the Loans Capital Investments of each Lender Purchaser in accordance with such Lender’s Ratable Portion of the applicable FacilityPurchaser's Receivable Interest. Each such election shall be in substantially the form of Exhibit F I (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least three 3 Business Days' prior written notice specifying (A) the amount, Tranche amount and Type type of Loan Capital Investment being converted or continued, (B) in the case of a conversion to or a continuation of Capital Investments bearing Yield at the Citicorp LIBO Rate LoansRate, the applicable Interest Yield Period and (C) in the case of a conversion, the date of such conversion. (b) The Administrative Agent shall promptly notify each Lender Purchaser of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Capital Investments bearing Yield at the Citicorp Base Rate Loans to Capital Investments bearing Yield at the Citicorp LIBO Rate Loans, (ii) and no continuation in whole or in part of Capital Investments bearing Yield at the Citicorp LIBO Rate Loans upon the expiration of any applicable Interest Yield Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (Ai) a Default Potential Event of Termination or an Event of Default Termination shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (Bii) the continuation of, or conversion into, a Capital Investment bearing Yield at the Citicorp LIBO Rate Loan would violate any provision of Section 2.142.12. If, within the time period required under the terms of this Section 2.112.16, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower the Seller containing a permitted election to continue any Capital Investments bearing Yield at the Citicorp LIBO Rate Loans for an additional Interest Yield Period or to convert any such LIBO Rate LoansCapital Investments, then, upon the expiration of the applicable Interest Yield Period, LIBO Rate Loans such Capital Investments shall be automatically converted to Capital Investments bearing Yield at the Citicorp Base Rate LoansRate. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Polyone Corp)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Eurodollar Rate Loans and or (ii) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans Loans, or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest Period; provided PROVIDED, HOWEVER, that the aggregate amount of the LIBO Eurodollar Rate Loans for each Interest Period therefor must be in the amount that is not less than of $1,000,0005,000,000 or an integral multiple of $1,000,000 in excess thereof. Each conversion or continuation shall be allocated among the Revolving Credit Loans of each Lender all Lenders in accordance with such Lender’s their Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F D hereto (a “Notice of Conversion or Continuation”"NOTICE OF CONVERSION OR CONTINUATION") and shall be made by giving the Administrative Agent at least three Business Days' prior written notice thereof specifying (A) the amountamount and type of conversion or continuation, Tranche and Type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of conversion. conversion (b) which date shall be a Business Day and, if a conversion from Eurodollar Rate Loans, shall also be the last day of the Interest Period therefor). No conversion of any Swing Loan from a Base Rate Loan may be made. The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected thereincontents thereof. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans therefor, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14continuing. If, within the time period required under the terms of this Section 2.112.8, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Loans, or on any date the aggregate unpaid principal amount of Eurodollar Rate LoansLoans comprising any Borrowing is reduced, by payment or prepayment or otherwise, to less than $5,000,000, then, upon the expiration of the applicable Interest PeriodPeriod therefor, LIBO Rate such Loans shall will be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Wheeling Pittsburgh Corp /De/)

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Conversion/Continuation Option. (a) The Borrower may elect (i) at any from time on any Business Day to time to convert its Base Eurodollar Rate Loans or any portion thereof to LIBO Rate CBFR Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO Rate Loan or any portion thereof for an additional Interest Period; provided that the aggregate amount of the LIBO Rate Loans for each Interest Period must be in the amount that is not less than $1,000,000. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s Ratable Portion of the applicable Facility. Each such election shall be in substantially the form of Exhibit F (a “Notice of Conversion or Continuation”) and shall be made by giving the Administrative Agent at least three prior irrevocable notice of such election no later than 11:00 a.m., New York City time, on the Business Days’ prior written notice specifying (A) Day preceding the amountproposed conversion date, Tranche and Type provided that any such conversion of Loan being converted or continued, (B) in Eurodollar Rate Loans may only be made on the case last day of a conversion to or a continuation of LIBO Rate Loans, the applicable an Interest Period with respect thereto. The Borrower may elect from time to time to convert CBFR Loans to Eurodollar Rate Loans by giving the Administrative Agent prior irrevocable notice of such election no later than 11:00 A.M., New York City time, on the third Business Day preceding the proposed conversion date (which notice shall specify the length of the initial Interest Period therefor), provided that no CBFR Loan under a particular Facility may be converted into a Eurodollar Rate Loan when any Event of Default has occurred and (C) is continuing and the Majority Facility Lenders in respect of such Facility have determined in their reasonable discretion not to permit such conversions. Upon receipt of any such notice the case of a conversion, the date of conversion. (b) The Administrative Agent shall promptly notify each relevant Lender of the Administrative Agent’s receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, thereof. (ib) no conversion in whole or in part of Base Rate Loans to LIBO Rate Loans, (ii) no continuation in whole or in part of LIBO Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Any Eurodollar Rate Loan would violate any provision of Section 2.14. If, within the time period required under the terms of this Section 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Rate Loans for an additional Interest Period or to convert any may be continued as such LIBO Rate Loans, then, upon the expiration of the then current Interest Period with respect thereto by the Borrower giving irrevocable notice to the Administrative Agent, in accordance with the applicable provisions of the term “Interest Period” set forth in Section 1.1, LIBO of the length of the next Interest Period to be applicable to such Loans, provided that no Eurodollar Rate Loan under a particular Facility may be continued as such when any Event of Default has occurred and is continuing and the Majority Facility Lenders in respect of such Facility have determined in their reasonable discretion not to permit such continuations, and provided, further, that if the Borrower shall fail to give any required notice as described above in this paragraph or if such continuation is not permitted pursuant to the preceding proviso such Loans shall be automatically converted to Base Rate LoansCBFR Loans on the last day of such then expiring Interest Period. Each Notice Upon receipt of Conversion or Continuation any such notice the Administrative Agent shall be irrevocablepromptly notify each relevant Lender thereof.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Guarantee Agreement (Us Concrete Inc)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Eurodollar Rate Loans and Loans, or (ii) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans Loans, or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Rate Eurodollar Loans for each Interest Period therefor must be in the amount that is not less than of $1,000,0002,500,000 or an integral multiple of $100,000 in excess thereof. Each conversion or continuation shall be allocated among the Loans of each Lender all Lenders in accordance with such Lender’s their Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F I hereto (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least three (3) Business Days' prior written notice thereof specifying (A) the amount, Tranche amount and Type type of Loan being converted conversion or continuedcontinuation, (B) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans, the applicable Interest Period therefor, and (C) in the case of a conversion, the date of conversion. conversion (b) which date shall be a Business Day and, if a conversion from Eurodollar Rate Loans, shall also be the last day of the Interest Period therefor). The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected thereincontents thereof and such Lender's Ratable Portion of the Loans to be converted. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans therefor, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14continuing. If, within the time period required under the terms of this Section 2.112.8, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest PeriodPeriod therefor, LIBO Rate such Loans shall will be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunstone Hotel Investors Inc)

Conversion/Continuation Option. (a) Borrower Borrowers may elect (i) at any time on any Business Day to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO into Eurodollar Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest PeriodPeriod (subject to the limitations in the definition thereof); provided PROVIDED, HOWEVER, that the aggregate amount of the LIBO Eurodollar Rate Loans for each Interest Period must be in the amount that is not less than at least $1,000,0001,000,000 and an integral multiple of $100,000. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s 's Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit EXHIBIT F (a “Notice of Conversion or Continuation”"NOTICE OF CONVERSION OR CONTINUATION") and shall be made by giving the Administrative Agent at least three Business Days' prior written notice specifying (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of such conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) Loans and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans shall be permitted at any time at which (Ai) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (Bii) the continuation of, or conversion into, a LIBO Eurodollar Rate Loan would violate any provision of Section SECTION 2.14. If, within the time period required under the terms of this Section SECTION 2.11, the Administrative Agent does not receive a Notice of Conversion or Continuation from Borrower containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate such Loans shall be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Triarc Companies Inc)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO Eurocurrency Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurocurrency Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO such Eurocurrency Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Rate Eurocurrency Loans for each Interest Period must be in the amount that is not less than $1,000,000the applicable Minimum Currency Threshold. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s 's Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (a “Form of Notice of Conversion or Continuation) (a "Notice of Conversion or Continuation") and shall be made by giving the applicable Administrative Agent at least three (or, in the case of conversion of Eurocurrency Rate Loans to Base Rate Loans, one) Business Days' prior written notice specifying (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurocurrency Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of conversion. (b) The Each Administrative Agent shall promptly notify each applicable Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) Optional Currency Loans may not be converted into Base Rate Loans and (ii) no conversion in whole or in part of Base Rate Loans to LIBO Eurocurrency Rate Loans, (ii) Loans and no continuation in whole or in part of LIBO Eurocurrency Rate Loans denominated in Dollars upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans Period, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurocurrency Rate Loan would violate any provision of Section 2.142.15 (Special Provisions Governing Eurocurrency Rate Loans). If, within the time period required under the terms of this Section 2.112.12, the applicable Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurocurrency Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans such Loans, if denominated in Dollars, shall be automatically converted to Base Rate Loans and such Loans, if denominated in any one or more of the Optional Currencies, shall be automatically continued as Eurocurrency Loans with an interest period of one month. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Hli Operating Co Inc)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Eurodollar Rate Loans and Loans, or (ii) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans Loans, or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Rate Eurodollar Loans for each Interest Period therefor must be in the amount that is not less than of $1,000,0002,500,000 or an integral multiple of $100,000 in excess thereof. Each conversion or continuation shall be allocated among the Loans of each Lender all Lenders in accordance with such Lender’s their Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F I hereto (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least three (3) Business Days' prior written notice thereof specifying (A) the amount, Tranche amount and Type type of Loan being converted conversion or continuedcontinuation, (B) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans, the applicable Interest Period therefor, and (C) in the case of a conversion, the date of conversion. conversion (b) which date shall be a Business Day and, if a conversion from Eurodollar Rate Loans, shall also be the last day of the Interest Period therefor). The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected thereincontents thereof and such Lender's Ratable Portion of the Loans to be converted. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans therefor, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14continuing. If, within the time period required under the terms of this Section 2.112.8, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Rate 38 46 Loans, then, upon the expiration of the applicable Interest PeriodPeriod therefor, LIBO Rate such Loans shall will be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunstone Hotel Investors Inc)

Conversion/Continuation Option. (a) Subject to Section 2.10, the Borrower may elect (ia) at any time on any Business Day to convert its Base Rate Loans or any portion thereof to LIBO Eurodollar Rate Loans and Loans, or (iib) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert its LIBO Eurodollar Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO such Eurodollar Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Eurodollar Rate Loans for each Interest Period must be in the amount that is not less than of $1,000,0002,000,000 or an integral multiple of $1,000,000 in excess thereof. Each conversion or continuation shall be allocated among the Loans of each Lender Lenders in accordance with such Lender’s their respective Ratable Portion of the applicable FacilityPortions. Each such election shall be in substantially the form of Exhibit F C (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least (x) three Business Days' prior written notice thereof, in the case of the conversion of Base Rate Loans into Eurodollar Rate Loans or the continuation of Eurodollar Rate Loans, and (y) one Business Day's prior written notice thereof, in the case of the conversion of Eurodollar Rate Loans into Base Rate Loans, in each case specifying (Ai) the amount, Tranche amount and Type type of Revolving Credit Loan being converted or continued, (Bii) in the case of a conversion to or a continuation of LIBO Eurodollar Rate Loans, the applicable Interest Period therefor and (Ciii) in the case of a conversion, the date of conversion. conversion (b) which date shall be a Business Day and, if a conversion from Eurodollar Rate Loans, shall also be the last day of the Interest Period therefor). The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected thereincontents thereof. Notwithstanding the foregoing, (i) no conversion in whole or in part of Base Rate Loans to LIBO Eurodollar Rate Loans, (ii) and no continuation in whole or in part of LIBO Eurodollar Rate Loans upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans therefor, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Rate Loan would violate any provision of Section 2.14continuing. If, within the time period required under the terms of this Section 2.112.7, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurodollar Rate Loans for an additional Interest Period or to convert any such LIBO Rate LoansPeriod, then, upon the expiration of the applicable Interest PeriodPeriod therefor, LIBO such Eurodollar Rate Loans shall will be automatically converted to Base Rate Loans. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Intergraph Corp)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any Business Day to convert its Base Rate Loans (other than Swing Loans) or any portion thereof to LIBO Eurocurrency Rate Loans and (ii) at the end of any applicable Interest Period, to convert its LIBO Eurocurrency Rate Loans or any portion thereof into Base Rate Loans or to continue any LIBO such Eurocurrency Rate Loan Loans or any portion thereof for an additional Interest Period; provided provided, however, that the aggregate amount of the LIBO Rate Eurocurrency Loans for each Interest Period must be in the amount that is not less than $1,000,000the applicable Minimum Currency Threshold. Each conversion or continuation shall be allocated among the Loans of each Lender in accordance with such Lender’s 's Ratable Portion of the applicable FacilityPortion. Each such election shall be in substantially the form of Exhibit F (a “Form of Notice of Conversion or Continuation) (a "Notice of Conversion or Continuation") and shall be made by giving the Administrative Agent at least three (or, in the case of conversion of Eurocurrency Rate Loans to Base Rate Loans, one) Business Days' prior written notice specifying (A) the amount, Tranche amount and Type type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of LIBO Eurocurrency Rate Loans, the applicable Interest Period and (C) in the case of a conversion, the date of conversion. (b) The Administrative Agent shall promptly notify each Lender of the Administrative Agent’s its receipt of a Notice of Conversion or Continuation and of the options selected therein. Notwithstanding the foregoing, (i) Optional Currency Loans may not be converted into Base Rate Loans and (ii) no conversion in whole or in part of Base Rate Loans to LIBO Eurocurrency Rate Loans, (ii) Loans and no continuation in whole or in part of LIBO Eurocurrency Rate Loans denominated in Dollars upon the expiration of any applicable Interest Period and (iii) no election of an Interest Period in excess of one month in respect of LIBO Rate Loans Period, shall be permitted at any time at which (A) a Default or an Event of Default shall have occurred and be continuing (unless the Requisite Lenders otherwise consent) or (B) the continuation of, or conversion into, a LIBO Eurocurrency Rate Loan would violate any provision of Section 2.142.15 (Special Provisions Governing Eurocurrency Rate Loans). If, within the time period required under the terms of this Section 2.112.12, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any LIBO Eurocurrency Rate Loans for an additional Interest Period or to convert any such LIBO Rate Loans, then, upon the expiration of the applicable Interest Period, LIBO Rate Loans such Loans, if denominated in Dollars, shall be automatically converted to Base Rate Loans and such Loans, if denominated in any one or more of the Optional Currencies, shall be automatically continued as Eurocurrency Loans with an interest period of one month. Each Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Hayes Lemmerz International Inc)

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