Common use of Conversion/Continuation Option Clause in Contracts

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any U.S. Government Securities Business Day, to convert Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR Loans or Daily Simple SOFR Loans, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Base Rate Loans and (iii) at the end of any applicable Interest Period, to convert Term SOFR Loans or any portion thereof into Base Rate Loans or Daily Simple SOFR Loans or to continue any (x) Term SOFR Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, for an additional Interest Period; provided, however, that the aggregate amount of Term SOFR Loans or EURIBOR Rate Loans for each Interest Period must be in the amount of 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. 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 (i) three U.S. Government Securities Business Days’ prior written notice in the case of Term SOFR Loans, (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iii) three Business Days’ prior written notice in the case of EURIBOR Rate Loans, in each case, specifying (A) the amount and type of Loan being converted or continued, (B) in the case of a conversion to or a continuation of Term SOFR Loans or EURIBOR Rate Loans, as applicable, the applicable Interest Period and (C) in the case of a conversion, the date of such conversion. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATION

Appears in 1 contract

Samples: Credit Agreement (Tenet Healthcare Corp)

AutoNDA by SimpleDocs

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any U.S. Government Securities Business Day, to convert Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR Loans or Daily Simple SOFR Loans, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Eurodollar Rate Loans or any portion thereof to Base Rate Loans and (iiiii) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert Term SOFR Eurodollar Rate Loans or any portion thereof into Base Rate Loans or Daily Simple SOFR Loans Loans, or to continue any (x) Term SOFR such Eurodollar Rate Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, thereof as Eurodollar Rate Loans for an additional Interest Period; providedPROVIDED, howeverHOWEVER, that the aggregate amount of Term SOFR Loans or EURIBOR the Eurodollar Rate Loans of the Borrower so converted or so continued for each Interest Period must be in the amount of the applicable Minimum Threshold. Each conversion $5,000,000 or continuation shall be allocated among the Loans an integral multiple of each Revolving Credit Lender $5,000,000 in accordance with such Revolving Credit Lender’s Ratable Portionexcess thereof. Each such election shall be in substantially the form of Exhibit F B hereto (Form of a "Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”") and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities one Business Days’ prior written notice Day's, in the case of Term SOFR Loansa conversion to a Base Rate Loan, (ii) and three U.S. Government Securities Business Days’ prior written notice ', in the case of Daily Simple Term SOFR Loans and (iii) three Business Days’ a conversion to or a continuation of a Eurodollar Rate Loan, prior written notice in the case of EURIBOR Rate Loans, in each case, thereof specifying (A) the amount and type of Loan being converted conversion or continuedcontinuation, (B) in the case of a conversion to or a continuation of Term SOFR Loans or EURIBOR Eurodollar Rate Loans, as applicable, the applicable Interest Period therefor, and (C) in the case of a conversion, conversion the date of conversion (which date shall be a Business Day and, if a conversion from a Eurodollar Rate Loan, shall also be the last day of the Interest Period therefor). The Administrative Agent shall promptly (but in any event on the same day) notify each Bank of its receipt of a Notice of Conversion or Continuation and of the contents thereof. Notwithstanding the foregoing, no conversion in whole or in part of Base Rate Loans to Eurodollar Rate Loans, and no continuation in whole or in part of Eurodollar Rate Loans upon the expiration of any Interest Period therefor, shall be permitted at any time at which an Event of Default shall have occurred and be continuing. If, within the time period required under the terms of this Section 5.1, the Administrative Agent does not receive a Notice of Conversion or Continuation from the Borrower containing an election to continue all or any portion of the Eurodollar Rate Loans for an additional Interest Period or to convert all or any portion of such conversionLoans, then, upon the expiration of the Interest Period therefor, such Loans or the portions thereof for which an election to continue or convert has not been made will be automatically converted to Base Rate Loans. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONEach Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Blockbuster Inc)

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any U.S. Government Securities Business Day, to convert Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR Loans or Daily Simple SOFR Loans, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Eurodollar Rate Loans or any portion thereof to Base Rate Loans and (iiiii) at the end of any applicable Interest PeriodPeriod with respect thereto, to convert Term SOFR Eurodollar Rate Loans or any portion thereof into Base Rate Loans or Daily Simple SOFR Loans Loans, or to continue any (x) Term SOFR such Eurodollar Rate Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, thereof for an additional Interest Period; providedPROVIDED, howeverHOWEVER, that the aggregate amount of Term SOFR Loans or EURIBOR the Eurodollar Rate Loans for each Interest Period therefor must be in the amount of the applicable Minimum Threshold$5,000,000 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 Revolving Credit Lender all Lenders in accordance with such Revolving Credit Lender’s their Ratable Portion. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) D hereto (a “Notice of Conversion or Continuation”"NOTICE OF CONVERSION OR CONTINUATION") and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities Business Days' prior written notice in the case of Term SOFR Loans, (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iii) three Business Days’ prior written notice in the case of EURIBOR Rate Loans, in each case, thereof specifying (A) the amount and type of Loan being converted conversion or continuedcontinuation, and (B) in the case of a conversion to or a continuation of Term SOFR Loans or EURIBOR Rate Loans, as applicable, the applicable Interest Period and (C) in the case of a conversion, the date of conversion (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 Agent shall promptly notify each Lender of its receipt of a Notice of Conversion or Continuation and of the contents thereof. Notwithstanding the foregoing, no conversion in whole or in part of Base Rate Loans to Eurodollar Rate Loans, and no continuation in whole or in part of Eurodollar Rate Loans upon the expiration of any Interest Period therefor, shall be permitted at any time at which a Default or an Event of Default shall have occurred and be continuing. If, within the time period required under the terms of this Section 2.8, the Agent does not receive a Notice of Conversion or Continuation from the Borrower containing a permitted election to continue any Eurodollar Rate Loans for an additional Interest Period or to convert any such conversionLoans, or on any date the aggregate unpaid principal amount of Eurodollar Rate Loans comprising any Borrowing is reduced, by payment or prepayment or otherwise, to less than $5,000,000, then, upon the expiration of the Interest Period therefor, such Loans will be automatically converted to Base Rate Loans. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONEach Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

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

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any U.S. Government Securities Business Day, to convert Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR LIBO Rate Dollar Loans or Daily Simple SOFR Loansin an Applicable Currency Denomination, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR LIBO Rate Dollar Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Loans or any portion thereof to into Base Rate Loans and in an Applicable Currency Denomination, (iii) at the end of any applicable Interest Period, Period to convert Term SOFR continue LIBO Rate Loans or any portion thereof into Base Rate in an Applicable Currency Denomination for an additional Interest Period in the same Applicable Currency, or (iv) at the end of any Interest Period for any LIBO Loans comprising all or a portion of the Tranche A (Euro) Term Loan, to continue such LIBO Loans or Daily Simple SOFR Loans or to continue any (x) Term SOFR Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, thereof that is at least EURO 5,000,000 (but is not in an Applicable Currency Denomination) for an additional Interest Period, so long as all other LIBO Loans comprising the Tranche A (Euro) Term Loan are in an Applicable Currency Denomination; providedPROVIDED, howeverHOWEVER, that that, if any such conversion of any LIBO Rate Dollar Loan is made pursuant to clause (ii) above other than on the aggregate amount last day of Term SOFR Loans or EURIBOR Rate Loans for each an Interest Period must be in for such Loan, the amount of the applicable Minimum ThresholdBorrower shall also pay any amounts owing pursuant to Section 2.14(e). Each conversion or continuation shall be allocated among the Loans of each Revolving Credit Lender in accordance with such Revolving Credit Lender’s its Ratable Portion. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) E hereto (a “Notice of Conversion or Continuation”"NOTICE OF CONVERSION OR CONTINUATION") and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities Business Days’ prior written notice no later than 12:00 noon (New York City time) on the date three Business Days (other than in the case of Term SOFR Loans, a continuation of any Euro Loan) or four Business Days (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iiia continuation of any Euro Loan) three Business Days’ prior written in advance of the relevant conversion or continuation, which notice in the case of EURIBOR Rate Loans, in each case, specifying shall specify (A) the amount amount, type and type Applicable Currency of Loan being converted or continued, (B) in the case of a conversion to LIBO Rate Dollar Loans or a continuation of Term SOFR Loans or EURIBOR LIBO Rate Loans, as applicable, the applicable Interest Period and Period, (C) in the case of a conversion, the date of conversion (which date shall be a Business Day) and (D) in the case of any conversion or continuation of any Revolving Loan, the aggregate outstanding principal liability of the Borrower under any Foreign Overdraft Guarantees on such conversiondate of conversion or continuation. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONIn lieu of giving a Notice of Conversion or Continuation for any conversion or continuation, the Borrower may give the Administrative Agent telephonic notice prior to the time required for giving a Notice of Conversion or Continuation; PROVIDED, HOWEVER, that such telephonic notice shall be promptly confirmed in writing by delivery of a duly executed Notice of Conversion or Continuation to the Administrative Agent prior to the date of conversion or continuation.

Appears in 1 contract

Samples: Credit Agreement (Merisant Foreign Holdings I Inc)

Conversion/Continuation Option. (a) The Borrower may elect (ia) at any time on any U.S. Government Securities Business Day, to convert Loans from Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR Federal Funds Rate Loans or Daily Simple SOFR Loans, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR Eurodollar Rate Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Base Rate Loans and (iiib) at the end of any applicable Interest PeriodPeriod with respect to Eurodollar Rate Loans, to convert Term SOFR Eurodollar Rate Loans or any portion thereof into Base to Federal Funds Rate Loans or Daily Simple SOFR Loans Base Rate Loans, or to continue any (x) Term SOFR such Eurodollar Rate Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, for an additional Interest Period; provided, however, that or (c) at the aggregate amount end of Term SOFR any Interest Period with respect to Federal Funds Rate Loans to convert Federal Funds Rate Loans to Base Rate Loans or EURIBOR Eurodollar Rate Loans, or to continue such Federal Funds Rate Loans for each an additional Interest Period must be in the amount of 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 PortionPeriod. Each such election shall be in substantially the form of Exhibit F EXHIBIT D hereto (Form of a "Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”") and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities Business Days’ prior written notice in the case of Term SOFR Loans, (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iii) three Business Days’ prior written notice in the case of EURIBOR Rate Loans, in each case, specifying (A) the amount and type of Loan being converted or continued, (Bx) in the case of a conversion conversions to or a continuation continuations of Term SOFR Loans or EURIBOR Eurodollar Rate Loans, as applicablethree Business Days' prior written notice thereof and (y) in the case of conversions to, or continuations of, Federal Funds Rate Loans or Base Rate Loans, one Business Day's prior written notice thereof, specifying: (i) whether the applicable Loan is a Facility A Loan or a Facility B Loan, (ii) the amount of conversion or continuation, (iii) the Interest Period therefor, and (Civ) in the case of a conversion, the date of conversion, which date shall be a Business Day. The Agent shall promptly notify each Facility A Lender or Facility B Lender, as appropriate, of its receipt of a Notice of Conversion or Continuation and of the contents thereof. Notwithstanding the foregoing, no conversion of Base Rate Loans to either Federal Funds Rate Loans or Eurodollar Rate Loans, and no continuation of either Federal Funds Rate Loans or Eurodollar Rate Loans upon the expiration of any Interest Period therefor, shall be permitted at any time at which a Default or an Event of Default shall have occurred and be continuing. If, within the time period required under the terms of this Section 2.11, the Agent does not receive a Notice of Conversion or Continuation from the Borrower containing an election to continue either Federal Funds Rate Loans or Eurodollar Rate Loans for an additional Interest Period or to convert such conversionLoans to another Type, then, upon the expiration of the Interest Period therefor, such Loans will be automatically converted to Base Rate Loans. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONEach Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Tosco Corp)

AutoNDA by SimpleDocs

Conversion/Continuation Option. (a) The Borrower may elect (i) at any time on any U.S. Government Securities Business Day, to convert Base Rate Loans (other than Swing Line Loans) or any portion thereof to Term SOFR LIBO Rate Dollar Loans or Daily Simple SOFR Loansin an Applicable Currency Denomination, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR LIBO Rate Dollar Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Loans or any portion thereof to into Base Rate Loans and in an Applicable Currency Denomination, (iii) at the end of any applicable Interest Period, Period to convert Term SOFR continue LIBO Rate Loans or any portion thereof into Base Rate in an Applicable Currency Denomination for an additional Interest Period in the same Applicable Currency, or (iv) at the end of any Interest Period for any LIBO Loans comprising all or a portion of the Tranche A (Euro) Term Loan, to continue such LIBO Loans or Daily Simple SOFR Loans or to continue any (x) Term SOFR Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, thereof that is at least €5,000,000 (but is not in an Applicable Currency Denomination) for an additional Interest Period, so long as all other LIBO Loans comprising the Tranche A (Euro) Term Loan are in an Applicable Currency Denomination; provided, however, that that, if any such conversion of any LIBO Rate Dollar Loan is made pursuant to clause (ii) above other than on the aggregate amount last day of Term SOFR Loans or EURIBOR Rate Loans for each an Interest Period must be in for such Loan, the amount of the applicable Minimum ThresholdBorrower shall also pay any amounts owing pursuant to Section 2.14(e). Each conversion or continuation shall be allocated among the Loans of each Revolving Credit Lender in accordance with such Revolving Credit Lender’s its Ratable Portion. Each such election shall be in substantially the form of Exhibit F (Form of Notice of Conversion or Continuation) E hereto (a “Notice of Conversion or Continuation”) and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities Business Days’ prior written notice no later than 12:00 noon (New York City time) on the date three Business Days (other than in the case of Term SOFR Loans, a continuation of any Euro Loan) or four Business Days (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iiia continuation of any Euro Loan) three Business Days’ prior written in advance of the relevant conversion or continuation, which notice in the case of EURIBOR Rate Loans, in each case, specifying shall specify (A) the amount amount, type and type Applicable Currency of Loan being converted or continued, (B) in the case of a conversion to LIBO Rate Dollar Loans or a continuation of Term SOFR Loans or EURIBOR LIBO Rate Loans, as applicable, the applicable Interest Period and Period, (C) in the case of a conversion, the date of conversion (which date shall be a Business Day) and (D) in the case of any conversion or continuation of any Revolving Loan, the aggregate outstanding principal liability of the Borrower under any Foreign Overdraft Guaranties on such conversiondate of conversion or continuation. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONIn lieu of giving a Notice of Conversion or Continuation for any conversion or continuation, the Borrower may give the Administrative Agent telephonic notice prior to the time required for giving a Notice of Conversion or Continuation; provided, however, that such telephonic notice shall be promptly confirmed in writing by delivery of a duly executed Notice of Conversion or Continuation to the Administrative Agent prior to the date of conversion or continuation.

Appears in 1 contract

Samples: Credit Agreement (Merisant Worldwide, Inc.)

Conversion/Continuation Option. (a) The Borrower Borrowers may elect (ia) at any time on any U.S. Government Securities Business Day, to convert Loans from Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR Federal Funds Loans or Daily Simple SOFR Loans, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR Eurodollar Rate Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Base Rate Loans and (iiib) at the end of any applicable Interest PeriodPeriod with respect to Eurodollar Rate Loans, to convert Term SOFR Eurodollar Rate Loans or any portion thereof into Base to Federal Funds Rate Loans or Daily Simple SOFR Loans Base Rate Loans, or to continue any (x) Term SOFR such Eurodollar Rate Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, for an additional Interest Period; provided, however, that or (c) at the aggregate amount end of Term SOFR any Interest Period to convert Federal Funds Rate Loans to Base Rate Loans or EURIBOR Eurodollar Rate Loans, or to continue such Federal Funds Rate Loans for each an additional Interest Period must be in the amount of 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 PortionPeriod. Each such election shall be in substantially the form of Exhibit EXHIBIT F hereto (Form of a "Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”") and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities Business Days’ prior written notice in the case of Term SOFR Loans, (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iii) three Business Days’ prior written notice in the case of EURIBOR Rate Loans, in each case, specifying (A) the amount and type of Loan being converted or continued, (Bx) in the case of a conversion conversions to or a continuation continuations of Term SOFR Loans or EURIBOR Eurodollar Rate Loans, as applicablethree Business Days' prior written notice thereof and (y) in the case of conversions to, or continuations of, Federal Funds Rate Loans or Base Rate Loans, one Business Day's prior written notice thereof, specifying: (i) the applicable amount of conversion or continuation, (ii) the Interest Period therefor, and (Ciii) in the case of a conversion, the date of conversion, which date shall be a Business Day. The Agent shall promptly notify each Bank of its receipt of a Notice of Conversion or Continuation and of the contents thereof. Notwithstanding the foregoing, no conversion of Base Rate Loans to either Federal Funds Rate Loans or Eurodollar Rate Loans, and no continuation of either Federal Funds Rate Loans or Eurodollar Rate Loans upon the expiration of any Interest Period therefor, shall be permitted at any time at which a Default or an Event of Default shall have occurred and be continuing. If, within the time period required under the term of this Section 2.12, the Agent does not receive a Notice of Conversion or Continuation from the Borrowers containing an election to continue either Federal Funds Rate Loans or Eurodollar Rate Loans for an additional Interest Period or to convert such conversionLoans to another Type, then, upon the expiration of the Interest Period therefor, such Loans will be automatically converted to Base Rate Loans. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONEach Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Tosco Corp)

Conversion/Continuation Option. (a) The Borrower may elect (ia) at any time on any U.S. Government Securities Business Day, to convert Loans from Base Rate Loans (other than Swing Loans) or any portion thereof to Term SOFR Federal Funds Rate Loans or Daily Simple SOFR Loans, (ii) (A) at any time on any U.S. Government Securities Business Day, to convert Daily Simple SOFR Eurodollar Rate Loans or any portion thereof to Term SOFR Loans and (B) at any time on any Business Day, to convert Daily Simple SOFR Loans or any portion thereof to Base Rate Loans and (iiib) at the end of any applicable Interest PeriodPeriod with respect to Eurodollar Rate Loans, to convert Term SOFR Eurodollar Rate Loans or any portion thereof into Base to Federal Funds Rate Loans or Daily Simple SOFR Loans Base Rate Loans, or to continue any (x) Term SOFR such Eurodollar Rate Loans or (y) EURIBOR Rate Loans, or, in each case, any portion thereof, for an additional Interest Period; provided, however, that or (c) at the aggregate amount end of Term SOFR any Interest Period with respect to Federal Funds Rate Loans to convert Federal Funds Rate Loans to Base Rate Loans or EURIBOR Eurodollar Rate Loans, or to continue such Federal Funds Rate Loans for each an additional Interest Period must be in the amount of 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 PortionPeriod. Each such election shall be in substantially the form of Exhibit F hereto (Form of a "Notice of Conversion or Continuation) (a “Notice of Conversion or Continuation”") and shall be made by giving the Administrative Agent at least (i) three U.S. Government Securities Business Days’ prior written notice in the case of Term SOFR Loans, (ii) three U.S. Government Securities Business Days’ prior written notice in the case of Daily Simple Term SOFR Loans and (iii) three Business Days’ prior written notice in the case of EURIBOR Rate Loans, in each case, specifying (A) the amount and type of Loan being converted or continued, (Bx) in the case of a conversion conversions to or a continuation continuations of Term SOFR Loans or EURIBOR Eurodollar Rate Loans, as applicablethree Business Days' prior written notice thereof and (y) in the case of conversions to, or continuations of, Federal Funds Rate Loans or Base Rate Loans, one Business Day's prior written notice thereof, specifying: (i) the applicable amount of conversion or continuation, (ii) the Interest Period therefor, and (Ciii) in the case of a conversion, the date of conversion, which date shall be a Business Day. The Agent shall promptly notify each Bank of its receipt of a Notice of Conversion or Continuation and of the contents thereof. Notwithstanding the foregoing, no conversion of Base Rate Loans to either Federal Funds Rate Loans or Eurodollar Rate Loans, and no continuation of either Federal Funds Rate Loans or Eurodollar Rate Loans upon the expiration of any Interest Period therefor, shall be permitted at any time at which a Default or an Event of Default shall have occurred and be continuing. If, within the time period required under the terms of this Section 2.11, the Agent does not receive a Notice of Conversion or Continuation from the Borrower containing an election to continue either Federal Funds Rate Loans or Eurodollar Rate Loans for an additional Interest Period or to convert such conversionLoans to another Type, then, upon the expiration of the Interest Period therefor, such Loans will be automatically converted to Base Rate Loans. AMENDED AND RESTATED CREDIT AGREEMENT XXXXX HEALTHCARE CORPORATIONEach Notice of Conversion or Continuation shall be irrevocable.

Appears in 1 contract

Samples: Credit Agreement (Tosco Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!