Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 3.5. To request a conversion of a Revolving Loan Borrowing, the Borrower shall deliver to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2, appropriately completed and duly executed by a Responsible Officer of the Borrower, which Notice of Revolving Loan Conversion shall specify: (i) the Revolving Loan Borrowing which is to be converted; (ii) the Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted; and (iii) the proposed date of the requested conversion, which shall be a Business Day. Each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the requested conversion (one (1) Business Day before the date of conversion, in the case of a conversion to a Base Rate Revolving Loan).
Appears in 3 contracts
Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO Trust)
Conversion of Revolving Loans. Subject to Section 3.52.14, the Borrower Borrowers may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided provided, however, that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; Default and provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 3.52.14. To The Borrowers shall request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice (which may be delivered by facsimile) to the Administrative Agent a Notice of Revolving Loan Conversion substantially in the form of Exhibit B-2B (a “Notice of Revolving Loan Conversion”), appropriately completed and duly executed by a Responsible Officer of the BorrowerBorrowing Agent and appropriately completed, which Notice of Revolving Loan Conversion shall specifyspecifies, among other things:
(i) the The Revolving Loan Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted;
(iii) If such Revolving Loan Borrowing is to be converted into a Revolving Loan Borrowing consisting of LIBOR Loans, the initial Interest Period selected by the Borrowing Agent for such LIBOR Loans in accordance with Section 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which shall be a Business Day. Each The Borrowers shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 a.m., New York City time, 9:00 a.m. at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before conversion. Each Notice of Revolving Loan Conversion shall be delivered at the date office or to the facsimile number and during the hours specified in Section 8.01. The Administrative Agent shall promptly notify each Lender of conversion, in the case contents of a conversion to a Base Rate each Notice of Revolving Loan)Loan Conversion.
Appears in 2 contracts
Samples: Credit Agreement (Sands Regent), Credit Agreement (Sands Regent)
Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 3.5. To request a conversion of a Revolving Loan Borrowing, the Borrower shall deliver to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2, appropriately completed and duly executed by a Responsible Officer of the Borrower, which Notice of Revolving Loan Conversion shall specify:
(i) the Revolving Loan Borrowing which is to be converted;
(ii) the Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted; and
(iii) the proposed date of the requested conversion, which shall be a Business Day. Each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the requested conversion (and one (1) Business Day before the date of conversion, in the case of a conversion to a Base Rate Revolving Loan).
Appears in 2 contracts
Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure CO Trust)
Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor . Borrower shall be subject to the payments required under Section 3.5. To request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2B, appropriately completed and duly executed by (a Responsible Officer of the Borrower, which “Notice of Revolving Loan Conversion shall specifyConversion”), which specifies, among other things:
(i) the The Revolving Loan Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing Loans into which such Revolving Loan Borrowing is Loans are to be converted;
(iii) If such Revolving Loans are to be converted into LIBOR Loans, the initial Interest Period selected by Borrower for such Revolving Loans in accordance with Subparagraph 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which shall be a Business Day. Each Borrower shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) not later than 11:00 a.m., New York City time, Agent at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before the date of conversion, in the case of a conversion to into LIBOR Loans and at least two (2) Business Days before the date of the requested conversion in the case of a conversion into Base Rate Loans. Each Notice of Revolving Loan)Loan Conversion shall be delivered by first-class mail or facsimile to Agent at the office or to the facsimile number and during the hours specified in Paragraph 8.01; provided, however, that Borrower shall promptly deliver to Agent the original of any Notice of Revolving Loan Conversion initially delivered by facsimile. Agent shall promptly notify each Lender of the contents of each Notice of Revolving Loan Conversion.
Appears in 1 contract
Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Revolving Loan that is a Base Rate Revolving Loan may be converted into a Revolving Loan that is a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a Revolving Loan that is a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 3.5. To request a conversion of a Revolving Loan Borrowing, the Borrower shall deliver to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2Conversion, appropriately completed and duly executed by a Responsible Officer of the Borrower, which Notice of Revolving Loan Conversion shall specify:
(i) the Revolving Loan Borrowing which is to be converted;
(ii) the Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted; and
(iii) the proposed date of the requested conversion, which shall be a Business Day. Each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 a.m., New York City time, three (3) Business Days before the date of the requested conversion (and one (1) Business Day before the date of conversion, in the case of a conversion to a Base Rate Revolving Loan).
Appears in 1 contract
Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default or a Revolver Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 3.5. To request a conversion of a Revolving Loan Borrowing, the Borrower shall deliver to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2C-2, appropriately completed and duly executed by a Responsible Officer of the Borrower, which Notice of Revolving Loan Conversion shall specify:
(i) the Revolving Loan Borrowing which is to be converted;
(ii) the Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted; and
(iii) the proposed date of the requested conversion, which shall be a Business Day. Each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 10:00 a.m., New York City time, three (3) Business Days before the date of the requested conversion, in the case of a conversion (to a LIBOR Revolving Loan, and one (1) Business Day before the date of the requested conversion, in the case of a conversion to a Base Rate Revolving Loan).
Appears in 1 contract
Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor . Borrower shall be subject to the payments required under Section 3.5. To request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2B, appropriately completed and duly executed by an Authorized Representative (a Responsible Officer of the Borrower, which “Notice of Revolving Loan Conversion shall specifyConversion”), which specifies, among other things:
(i) the The Revolving Loan Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing Loans into which such Revolving Loan Borrowing is Loans are to be converted;
(iii) If such Revolving Loans are to be converted into LIBOR Loans, the initial Interest Period selected by Borrower for such Revolving Loans in accordance with Subparagraph 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which shall be a Business Day. Each Borrower shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) not later than 11:00 a.m., New York City time, Agent at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before the date of conversion, in the case of a conversion to into LIBOR Loans and at least two (2) Business Days before the date of the requested conversion in the case of a conversion into Base Rate Loans. Each Notice of Revolving Loan)Loan Conversion shall be delivered by first-class mail or facsimile to Agent at the office or to the facsimile number and during the hours specified in Paragraph 8.01; provided, however, that Borrower shall promptly deliver to Agent the original of any Notice of Revolving Loan Conversion initially delivered by facsimile. Agent shall promptly notify each Lender of the contents of each Notice of Revolving Loan Conversion.
Appears in 1 contract
Conversion of Revolving Loans. Subject to Section 3.52.14, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided provided, however, that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; Default and provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor shall be subject to the payments required under Section 3.52.14. To The Borrower shall request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2B, appropriately completed and duly executed by a Responsible Officer of the Borrower, which Borrower and appropriately completed (a “Notice of Revolving Loan Conversion shall specifyConversion”), which specifies, among other things:
(i) the The Revolving Loan Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted;
(iii) If such Revolving Loan Borrowing is to be converted into a Revolving Loan Borrowing consisting of LIBOR Loans, the initial Interest Period selected by the Borrower for such LIBOR Loans in accordance with Section 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which shall be a Business Day. Each The Borrower shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 a.m., New York City time, 10:00 a.m. at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before conversion. Each Notice of Revolving Loan Conversion shall be duly executed by a Responsible Officer of the date Borrower and delivered by facsimile to the Administrative Agent to the facsimile number and during the hours specified in Section 8.01. The Administrative Agent shall promptly notify each Revolving Lender of conversion, in the case contents of a conversion to a Base Rate each Notice of Revolving Loan)Loan Conversion.
Appears in 1 contract
Conversion of Revolving Loans. Subject to Section 3.5SECTION 2.14, the Borrower Borrowers may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided PROVIDED, HOWEVER, that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor . The Borrowers shall be subject to the payments required under Section 3.5. To request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice to the Administrative Agent a Notice of Revolving Loan Conversion in 38 the form of Exhibit B-2EXHIBIT B, appropriately completed and duly executed by (a Responsible Officer of the Borrower"NOTICE OF REVOLVING LOAN CONVERSION"), which Notice of Revolving Loan Conversion shall specifyspecifies, among other things:
(i) the The Revolving Loan Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted;
(iii) If such Revolving Loan Borrowing is to be converted into a Revolving Loan Borrowing consisting of LIBOR Loans, the initial Interest Period selected by the Borrowers for such LIBOR Loans in accordance with SECTION 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which date shall be a Business Day. Each The Borrowers shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 a.m., New York City time, a.m. at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before conversion. Each Notice of Revolving Loan Conversion shall be delivered by first-class mail or facsimile to the date Administrative Agent at the office or to the facsimile number and during the hours specified in SECTION 8.01; PROVIDED, HOWEVER, that the Borrowers shall promptly deliver to the Administrative Agent the original of conversion, in any Notice of Revolving Loan Conversion initially delivered by facsimile. The Administrative Agent shall promptly notify each Lender of the case contents of a conversion to a Base Rate each Notice of Revolving Loan)Loan Conversion.
Appears in 1 contract
Samples: Credit Agreement (Argosy Gaming Co)
Conversion of Revolving Loans. Subject to Section 3.5, the Borrower may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor . Borrower shall be subject to the payments required under Section 3.5. To request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2B, appropriately completed and duly executed by (a Responsible Officer "Notice of the BorrowerConversion"), which Notice of Revolving Loan Conversion shall specifyspecifies, among other things:
(i) the Revolving Loan The Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing Loans into which such Revolving Loan Loans are to be converted;
(iii) If such Borrowing is to be convertedconverted into a Borrowing consisting of LIBOR Loans, the initial Interest Period selected by Borrower for such Revolving Loans in accordance with Subparagraph 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which shall be a Business Day. Each Borrower shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) not later than 11:00 a.m., New York City time, Agent at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before the date of conversion, in the case of a conversion into a Revolving Loan consisting of LIBOR Loans. If Borrower fails to give such Notice of Conversion at least three (3) Business Days before the date of the requested conversion, such Revolving Loan shall automatically convert into a Revolving Loan consisting of Base Rate Revolving Loan)Loans. Each Notice of Conversion shall be delivered by first-class mail or facsimile to Administrative Agent at the office or to the facsimile number and during the hours specified in Paragraph 8.01; provided, however, that Borrower shall promptly deliver to Administrative Agent the original of any Notice of Conversion initially delivered by facsimile. Administrative Agent shall promptly notify each Bank of the contents of each Notice of Conversion.
Appears in 1 contract
Samples: Credit Agreement (Quantum Corp /De/)
Conversion of Revolving Loans. Subject to Section 3.52.14, the Borrower Borrowers may convert any Revolving Loan Borrowing from one Type of Revolving Loan Borrowing to the other Type; provided provided, however, that no Base Rate Revolving Loan may be converted into a LIBOR Revolving Loan after the occurrence and during the continuance of an Event of Default; provided, further, that any conversion of a LIBOR Revolving Loan on any day other than the last day of the Interest Period therefor . The Borrowers shall be subject to the payments required under Section 3.5. To request such a conversion of a Revolving Loan Borrowing, the Borrower shall deliver by an irrevocable written notice to the Administrative Agent a Notice of Revolving Loan Conversion in the form of Exhibit B-2B, appropriately completed and duly executed by (a Responsible Officer of the Borrower, which “Notice of Revolving Loan Conversion shall specifyConversion”), which specifies, among other things:
(i) the The Revolving Loan Borrowing which is to be converted;
(ii) the The Type of Revolving Loan Borrowing into which such Revolving Loan Borrowing is to be converted;
(iii) If such Revolving Loan Borrowing is to be converted into a Revolving Loan Borrowing consisting of LIBOR Loans, the initial Interest Period selected by the Borrowers for such LIBOR Loans in accordance with Section 2.01(e); and
(iiiiv) the proposed The date of the requested conversion, which date shall be a Business Day. Each The Borrowers shall give each Notice of Revolving Loan Conversion must be received by the Revolving Loan Lender (with a copy thereof to the Administrative Agent) Agent not later than 11:00 a.m., New York City time, a.m. at least three (3) Business Days before the date of the requested conversion (one (1) Business Day before conversion. Each Notice of Revolving Loan Conversion shall be delivered by first-class mail or facsimile to the date Administrative Agent at the office or to the facsimile number and during the hours specified in Section 8.01. The Administrative Agent shall promptly notify each Lender of conversion, in the case contents of a conversion to a Base Rate each Notice of Revolving Loan)Loan Conversion.
Appears in 1 contract
Samples: Credit Agreement (Argosy Gaming Co)