Common use of Conversion of Advances Clause in Contracts

Conversion of Advances. (a) The Borrower may on any Business Day, upon prior written notice in the form of Exhibit C (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Agent (a) with respect to any Conversion to Reference Rate Advances, not later than 11:00 a.m., Los Angeles time, on the Business Day immediately preceding the date of the proposed Conversion and (b) with respect to any Conversion to LIBOR Advances, not later than 11:00 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 3.2 and 3.3, Convert all the Advances of one Type making up the same Borrowing into Advances of another Type; provided, however, that any Conversion of LIBOR Advances into Reference Rate Advances shall be made on, and only on, the last day of an Interest Period for such LIBOR Advances. Each notice of a Conversion shall, within the restrictions specified above, specify (i) the date of such Conversion, (ii) the Advances to be Converted and (iii) if such Conversion is into LIBOR Advances, the duration of the initial Interest Period for such Advances. Each Notice of Conversion shall be irrevocable and binding on the Borrower. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation of any Default, (A) each LIBOR Advance shall automatically, on the last day of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (B) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances shall be suspended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (THQ Inc), Revolving Credit Agreement (THQ Inc)

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Conversion of Advances. (a) The Borrower may on any Business Day, upon prior written notice in the form of Exhibit C F (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Administrative Agent (ai) with respect to any Conversion from Base Rate Advances to Reference Rate Advances or from Reference Rate Advances to Base Rate Advances, not later than 11:00 9:30 a.m., Los Angeles time, on the Business Day immediately preceding the date of the proposed Conversion and (bii) with respect to any Conversion from or to LIBOR Advances, not later than 11:00 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 2.4(b), 3.2 and 3.3, Convert all the Advances of one Type making up the same Borrowing into Advances of another Type; provided, however, that any Conversion of LIBOR Advances into Reference or Base Rate Advances into Advances of another Type shall be made on, and only on, the last day of an Interest Period for such LIBOR Advances or Base Rate Advances. Each notice Notice of a Conversion shall, within the restrictions specified above, specify (iA) the date of such Conversion, (iiB) the Advances to be Converted and (iiiC) if such Conversion is into LIBOR Advances or Base Rate Advances, the duration of the initial Interest Period for such Advances. Each Notice of Conversion shall be irrevocable and binding on the Borrower. The Administrative Agent shall give each Lender prompt notice by telecopier of each Notice of Conversion. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,0002,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation of any Default, (Ai) each LIBOR Advance and Base Rate Advance shall automatically, on the last day of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (Bii) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances or Base Rate Advances shall be suspended.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/), Revolving Credit Agreement (Frontier Oil Corp /New/)

Conversion of Advances. (a) The Borrower Borrowers may on any Business Day, upon prior written notice in the form of Exhibit C (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Administrative Agent (a) with respect to any Conversion to Reference Rate Advances, not later than 11:00 a.m., Los Angeles a.m. (New York City time, ) on the third Business Day immediately preceding prior to the date of the proposed Conversion and (b) with respect to any Conversion to LIBOR Advances, not later than 11:00 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 3.2 and 3.3Section 7, Convert all or any portion of the Advances of one Type making up comprising the same Borrowing Disbursement into Advances of another the other Type; provided, however, that (a) any Conversion of LIBOR Advances into Reference Base Rate Advances shall be made on, and only on, on the last day of an Interest Period for such LIBOR Advances, (b) any Conversion of Base Rate Advances into LIBOR Advances shall be in an amount not less than the minimum amount specified in Section 3(a), (c) no Conversion of any Advances shall result in more than 10 separate Disbursements, (d) each Conversion of Advances comprising part of the same Disbursement shall be made ratably among the Lenders in accordance with their Commitments, and (e) no such Conversion shall be permitted unless all Payment Approvals shall have been obtained or made and certified copies thereof shall have been delivered to the Administrative Agent. Each such notice of a Conversion shall, within the restrictions specified above, specify (i) the date of such Conversion, (ii) the Advances to be Converted Converted, and (iii) if such Conversion is into LIBOR Advances, the duration of all Interest Periods applicable thereto from the initial Interest Period for such Advancesproposed Conversion date to the Maturity Date. Each Notice notice of Conversion shall be irrevocable and binding on the BorrowerBorrowers. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation of any Default, (A) each LIBOR Advance shall automatically, on the last day of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (B) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances shall be suspended.

Appears in 1 contract

Samples: Credit Agreement (Companhia Vale Do Rio Doce)

Conversion of Advances. (a) The Borrower may on any Business Day, upon prior written notice in the form of Exhibit C F (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Administrative Agent (a) with respect to any Conversion from Base Rate Advances to Reference Rate Advances or from Reference Rate Advances to Base Rate Advances, not later than 11:00 9:30 a.m., Los Angeles time, on the Business Day immediately preceding the date of the proposed Conversion and (b) with respect to any Conversion from or to LIBOR Advances, not later than 11:00 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 2.4(b), 3.2 and 3.3, Convert all the Advances of one Type making up the same Borrowing into Advances of another Type; provided, however, that any Conversion of LIBOR Advances into Reference or Base Rate Advances into Advances of another Type shall be made on, and only on, the last day of an Interest Period for such LIBOR Advances or Base Rate Advances. Each notice Notice of a Conversion shall, within the restrictions specified above, specify (i) the date of such Conversion, (ii) the Advances to be Converted and (iii) if such Conversion is into LIBOR Advances or Base Rate Advances, the duration of the initial Interest Period for such Advances. Each Notice of Conversion shall be irrevocable and binding on the Borrower. The Administrative Agent shall give each Lender prompt notice by telecopier of each Notice of Conversion. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,0002,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation of any Default, (A) each LIBOR Advance and Base Rate Advance shall automatically, on the last day of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (B) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances or Base Rate Advances shall be suspended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/)

Conversion of Advances. (a) The Borrower may on any Business Day, upon prior written notice in the form of Exhibit C K (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Agent (a) with respect to any Conversion to Reference Rate Advances or Base Rate Advances, not later than 11:00 a.m., Los Angeles time, on the Business Day immediately preceding the date of the proposed Conversion and (b) with respect to any Conversion to LIBOR Advances, not later than 11:00 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 3.2 and 3.3, Convert all the Advances of one Type making up the same Borrowing into Advances of another Type; provided, however, that any Conversion of LIBOR Advances into Reference or Base Rate Advances into Advances of another Type shall be made on, and only on, the last day of an Interest Period for such LIBOR Advances or Base Rate Advances. Each notice Notice of a Conversion shall, within the restrictions specified above, specify (i) the date of such Conversion, (ii) the Advances to be Converted and (iii) if such Conversion is into LIBOR Advances or Base Rate Advances, the duration of the initial Interest Period for such Advances. Each Notice of Conversion shall be irrevocable and binding on the Borrower. The Agent shall give each Lender prompt notice by telecopier of each Notice of Conversion. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation of any Default, (A) each LIBOR Advance and Base Rate Advance shall automatically, on the last day of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (B) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances or Base Rate Advances shall be suspended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/)

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Conversion of Advances. (a) The Each Borrower may on any Business Day, upon prior written notice in the form of Exhibit C (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Administrative Agent (a) with respect to any Conversion to Reference Rate Advances, not later than 11:00 a.m., Los Angeles 12:00 Noon (New York City time, ) on the third Business Day immediately preceding prior to the date of the proposed Conversion and (b) with respect to any Conversion to LIBOR Advances, not later than 11:00 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 3.2 2.09 and 3.32.13, Convert all the Advances owing by such Borrower (other than Competitive Bid Advances) of one Type making up comprising the same Borrowing into Advances (other than Competitive Bid Advances) of another the other Type, so long as, after giving effect to any such Conversion, each such Borrowing is comprised of Advances denominated in the same currency and, in the case of any Borrowing comprised of Eurocurrency Rate Advances, having the same Interest Period; provided, however, that (w) no Eurocurrency Rate Advances of one currency shall be Converted into Eurocurrency Rate Advances of another currency, (x) any Conversion of LIBOR Eurocurrency Rate Advances into Reference Prime Rate Advances shall be made on, and only on, on the last day of an Interest Period for such LIBOR Eurocurrency Rate Advances, (y) any Conversion of Prime Rate Advances into Eurocurrency Rate Advances shall be in an amount not less than the minimum amount specified in Section 2.02(c) and (z) no Conversion of any such Advances shall result in more separate Borrowings than permitted under Section 2.02(c). Each such notice of a Conversion shall, within the restrictions specified above, specify (i) the date of such Conversion, (ii) the Advances to be Converted Converted, and (iii) if such Conversion is into LIBOR Eurocurrency Rate Advances, the currency of and the duration of the initial Interest Period for each such AdvancesAdvance. Each Notice notice of Conversion shall be irrevocable and binding on the relevant Borrower. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation continuance of any Default, (A) each LIBOR Advance the aggregate amount of any Primary Currency Advances then outstanding shall automatically, be converted into the Equivalent in US Dollars as determined on the last day date of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (B) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances shall be suspended.such Default

Appears in 1 contract

Samples: Credit Agreement (Paxar Corp)

Conversion of Advances. (a) The Borrower may on any Business Day, upon prior written notice in the form of Exhibit C E (a "Notice of Conversion/Continuation") signed by an Authorized Officer and given to the Administrative Agent (ai) with respect to any Conversion from Base Rate Advances to Reference Rate Advances or from Reference Rate Advances to Base Rate Advances, not later than 11:00 9:30 a.m., Los Angeles time, on the Business Day immediately preceding the date of the proposed Conversion and (bii) with respect to any Conversion from or to LIBOR Advances, not later than 11:00 9:30 a.m., Los Angeles time, on the third Business Day before the date of the proposed Conversion, subject to the provisions of Sections 2.4(b), 3.2 and 3.3, Convert all the Advances of one Type making up the same Borrowing into Advances of another Type; provided, however, that any Conversion of LIBOR Advances into Reference or Base Rate Advances into Advances of another Type shall be made on, and only on, the last day of an Interest Period for such LIBOR Advances or Base Rate Advances. Each notice Notice of a Conversion shall, within the restrictions specified above, specify (iA) the date of such Conversion, (iiB) the Advances to be Converted and (iiiC) if such Conversion is into LIBOR Advances or Base Rate Advances, the duration of the initial Interest Period for such Advances. Each Notice of Conversion shall be irrevocable and binding on the Borrower. The Administrative Agent shall give each Lender prompt notice by telecopier of each Notice of Conversion. (b) On any date on which the aggregate unpaid principal amount of LIBOR Advances composing any Borrowing is reduced, by payment or prepayment or otherwise, to less than $1,000,0002,000,000, such Advances shall automatically Convert into Reference Rate Advances. Upon the occurrence and during the continuation of any Default, (Ai) each LIBOR Advance and Base Rate Advance shall automatically, on the last day of the then existing Interest Period therefor, Convert into a Reference Rate Advance, and (Bii) the obligation of the Lenders to make, or to Convert Advances into, LIBOR Advances or Base Rate Advances shall be suspended.

Appears in 1 contract

Samples: Revolving Credit Agreement (Frontier Oil Corp /New/)

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