Common use of Conversions and Continuations Clause in Contracts

Conversions and Continuations. The Borrowers shall have the right from time to time to Convert all or part of an Advance of one Type into an Advance of another Type or to Continue Advances of one Type as Advances of the same Type by giving the Administrative Agent written notice at least two (2) Business Days before Conversion into a Prime Rate Advance and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Rate Advances, no Conversions shall be made while an Event of Default or Potential Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender of each such notice. All notices given by any Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., Houston, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted into a Prime Rate Advance on the last day of the Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers shall have the right from time to time to Convert all or part of an any Advance of from one Type of Advance into an Advance of another Type of Advance or to Continue Advances of one Type any LIBOR Advance as Advances of the same Type a LIBOR Advance by giving the Administrative Agent Lenders written notice at least two one (21) Business Days Day before Conversion into a Prime Rate Advance and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar LIBOR Advance, specifying: specifying (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (dc) in the case of a Continuation of or Conversion into a Eurodollar Advance, LIBOR Advance the duration of the Interest Period applicable thereto; provided, however, provided that (iy) Eurodollar LIBOR Advances may only be Converted on the last day of the Interest PeriodPeriod therefor, and (iiz) except for Conversions into to Prime Rate Advances, Lenders shall have no obligation to make any Conversions shall be made while an Event of Default or Potential an Unmatured Event of Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender of each such notice. All notices given by any Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., A.M. Houston, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any Borrower Borrowers shall fail to give the Administrative Agent Lenders the notice as specified above for Continuation or Conversion of a Eurodollar any LIBOR Advance prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Advance shall automatically be Converted into a Prime Rate Advance on the last day of the such Interest Period for such Eurodollar AdvancePeriod.

Conversions and Continuations. The Borrowers shall have the right from time to time to Convert all or part of an any Advance of from one Type of Advance into an Advance of another Type of Advance or to Continue Advances of one Type any LIBOR Advance as Advances of the same Type a LIBOR Advance by giving the Administrative Agent Lender written notice at least two one (21) Business Days Day before Conversion into a Prime Rate Advance and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar LIBOR Advance, specifying: specifying (a) the Conversion or Continuation date, and (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (iw) Eurodollar no more than five (5) Interest Periods may be in effect for the LIBOR Advances at any time, (x) no LIBOR Advance may be in an amount which is less than $500,000.00, (y) a LIBOR Advance may only be Converted on the last day of the Interest PeriodPeriod therefor, and (iiz) except for Conversions into to Prime Rate Advances, Lender shall have no obligation to make any Conversions shall be made while an Event of Default or Potential Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender of each such notice. All notices given by any Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., A.M. Houston, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any Borrower Borrowers shall fail to give the Administrative Agent Lender the notice as specified above for Continuation or Conversion of a Eurodollar any LIBOR Advance prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Advance shall automatically be Converted into a Prime Rate Advance on the last day of the such Interest Period for such Eurodollar AdvancePeriod.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance of one Type into an Advance of another Type or to Continue Eurodollar Advances of one Type as Eurodollar Advances of the same Type by giving the Administrative Agent written notice at least two (2) one Business Days Day before Conversion into a Prime Base Rate Advance Advance, and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Base Rate Advances, no Conversions shall be made while an Event of Default or Potential a Default has occurred and is continuing, and (iii) no more than five Interest Periods shall be in effect at the same time. The Administrative Agent shall promptly notify each Lender of the contents of each such noticenotice promptly and in any event not later than one Business Day after receipt thereof. All notices given by any the Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., Houstona.m. (Austin, Texas time time) on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted automatically into a Prime Base Rate Advance on the last day of the then current Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance a Loan of one Type into an Advance a Loan of another Type or to Continue Advances of one Type Eurodollar Loans as Advances of the same Type Eurodollar Loans by giving the Administrative Agent written notice at least two (2) three Business Days before Conversion into a Prime Base Rate Advance Loan and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar AdvanceLoan, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance Loan to be Converted or Continued, (c) in the case of Conversions, the Type of Advance Loan to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar AdvanceLoan, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances Loans may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Base Rate AdvancesLoans, no Conversions shall be made while an Event of Default or Potential a Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender Bank of the contents of each such notice. All notices given by any Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M.12:00 P.M. New York, Houston, Texas New York time on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance Loan prior to the end of the Interest Period with respect thereto, such Eurodollar Advance Loan shall automatically be Converted automatically into a Prime Base Rate Advance Loan on the last day of the then current Interest Period for such Eurodollar AdvanceLoan.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part (but not less than all) of an Advance of one Type into an Advance of another Type or to Continue Eurodollar Advances of one Type as Eurodollar Advances of the same Type by giving the Administrative Agent Bank written notice at least two one (21) Business Days Day before Conversion into a Prime Rate Advance and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Rate Advances, no Conversions shall be made while an Event of Default or Potential a Default has occurred and is continuing. The Administrative Agent , and (ii) no more than three (3) Interest Periods shall promptly notify each Lender of each such noticebe in effect at the same time. All notices given by any the Borrower under this Section 2.07 shall be irrevocable and shall be given to the Bank not later than 11:00 A.M., Houston10:00 A.M. Dallas, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent Bank the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted automatically into a Prime Rate Advance on the last day of the then current Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance of one Type into an Advance of another Type or to Continue Eurodollar Advances of one Type as Eurodollar Advances of the same Type by giving the Administrative Agent written notice at least two one (21) Business Days Day before Conversion into a Prime Base Rate Advance and Advance, at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a an Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Base Rate Advances, no Conversions shall be made while an Event of Default or Potential a Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender Bank of the contents of each such notice. All notices given by any Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., a.m. Houston, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a an Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted automatically into a Prime Base Rate Advance on the last day of the then current Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the ------------------------------- right from time to time to Convert all or part (but not less than all) of an Advance of one Type into an Advance of another Type or to Continue LIBOR Advances of one Type as LIBOR Advances of the same Type by giving the Administrative Agent Bank written notice at least two one (21) Business Days Day before Conversion into a Prime Rate Advance and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar LIBOR Advance, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar LIBOR Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Rate Advances, no Conversions shall be made while an Event of Default or Potential a Default has occurred and is continuing. The Administrative Agent , and (ii) no more than three (3) Interest Periods shall promptly notify each Lender of each such noticebe in effect at the same time. All notices given by any the Borrower under this Section 2.07 shall be irrevocable and shall be given to the Bank not later than 11:00 A.M., Houston10:00 A.M. Dallas, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent Bank the notice as specified above for Continuation or Conversion of a Eurodollar LIBOR Advance prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Advance shall automatically be Converted automatically into a Prime Rate Advance on the last day of the then current Interest Period for such Eurodollar LIBOR Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance of one Type of Advance into an Advance of another Type of Advance or to Continue Advances all or part of one Type as Advances of the same Type any Eurodollar Advance by giving Agent notice in the Administrative Agent written notice manner set forth in SUBSECTION 3.1.1 at least two one (21) Business Days Day before Conversion into a Prime Base Rate Advance Advance, and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (ai) the Conversion or Continuation date, (bii) the amount of the Advance to be Converted or Continued, (ciii) in the case of Conversions, the Type of Advance to be Converted into, into and (div) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, that provided that (ia) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (iib) except for Conversions into Prime to Base Rate Advances, no Conversions shall be made while an Event a Default has occurred and is continuing and no Continuations of Default or Potential any Eurodollar Advances shall be made while a Default has occurred and is continuing. The Administrative Agent , (c) the aggregate principal amount of Eurodollar Advances that are Revolving Credit Advances having the same Interest Period shall promptly notify each Lender be at least equal to $5,000,000.00 or such greater amount which is an integral multiple of each $500,000.00 and (d) the aggregate principal amount of Eurodollar Advances that are Capital Expenditure Advances having the same Interest Period shall be at least equal to $2,000,000.00, or such noticegreater amount which is an integral multiple of $500,000.00. All notices given by any Borrower under this Section 2.07 SUBSECTION 3.1.4 shall be irrevocable and shall be given not later than 11:00 A.M.a.m., HoustonDallas, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any Borrower shall fail to give the Administrative Agent the a notice of Conversion or Continuation as specified above for Continuation or Conversion of a provided in this Subsection with respect to any Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted into a Prime Base Rate Advance on the last day of the Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an a Revolving Credit Loan Advance or a Tranche B Advance of one Type into an Advance of another Type or to Continue Eurodollar Advances of one Type as Eurodollar Advances of the same Type by giving the Administrative Agent written notice at least two (2) one Business Days Day before Conversion into a Prime Base Rate Advance Advance, and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, and (d) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (ii) except for Conversions into Prime Base Rate Advances, no Conversions shall be made while an Event of Default or Potential a Default has occurred and is continuing, and (iii) no more than five Interest Periods shall be in effect at the same time. The Administrative Agent shall promptly notify each Lender of the contents of each such noticenotice promptly and in any event not later than one Business Day after receipt thereof. All notices given by any the Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., Houstona.m. (Austin, Texas time time) on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted automatically into a Prime Base Rate Advance on the last day of the then current Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance of one Type of Advance into an Advance of another Type of Advance or to Continue Advances all or part of one Type as Advances of the same Type any Eurodollar Advance by giving the Administrative Agent Lender written notice at least two one (21) Eurodollar Business Days Day before Conversion into a Prime Rate Advance and at least three (3) Eurodollar Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Type of Advance to be converted, (b) the Conversion or Continuation date, (b) the amount of the Advance to be Converted or Continued, (c) in the case of Conversions, the Type of Advance to be Converted into, into and (d) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, Period and (ii) except for Conversions into Prime Rate Advances, no Conversions shall be made while an Event of Default or Potential Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender of each such notice. All notices given by any Borrower under this Section 2.07 SECTION 3.5 shall be irrevocable and shall be given not later than 11:00 A.M., Houstona.m. (Dallas, Texas time time) on the day date which is not less than the number of Business Days or Eurodollar Business Days specified above for such notice. If any Borrower shall fail to give the Administrative Agent Lender the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted into a Prime Rate Advance on the last day of the Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Parent shall have the right from time to time to Convert all or part of an Advance of one Type of Advance into an Advance of another Type of Advance or to Continue Advances all or part of one Type as Advances of the same Type any Eurodollar Advance by giving the Administrative Agent written notice at least two one (21) Business Days Day before Conversion into a Prime Base Rate Advance and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (ai) the Conversion conversion or Continuation date, (bii) the amount of the Advance to be Converted or Continued, (ciii) in the case of Conversions, the Type of Advance to be Converted into, and (div) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (ia) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (iib) except for Conversions into Prime to Base Rate Advances, no Conversions shall be made while an Event of Default or Potential Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender Bank of each such noticeany notice received under this Section 2.7. All notices given by any Borrower Parent under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., A.M. Houston, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any Borrower Parent shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted into a Prime Base Rate Advance on the last day of the Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance of one Type of Advance into an Advance of another Type of Advance or to Continue Advances all or part of one Type as Advances of the same Type any Eurodollar Advance by giving the Administrative Agent written notice at least two one (21) Eurodollar Business Days Day before Conversion into a Prime Rate Advance and at least three (3) Eurodollar Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (a) the Type of Advance to be converted, (b) the Conversion or Continuation date, (bc) the amount of the Advance to be Converted or Continued, (cd) in the case of Conversions, the Type of Advance to be Converted into, into and (de) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (i) Eurodollar Advances may only be Converted on the last day of the Interest Period, Period and (ii) except for Conversions into Prime Rate Advances, no Conversions shall be made while an Event of Default or Potential Default has occurred and is continuing. The Administrative Agent shall promptly notify each Lender of each such notice. All notices given by any Borrower under this Section 2.07 SECTION 3.5 shall be irrevocable and shall be given not later than 11:00 A.M., Houstona.m. (Dallas, Texas time time) on the day date which is not less than the number of Business Days or Eurodollar Business Days specified above for such notice. If any Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted into a Prime Rate Advance on the last day of the Interest Period for such Eurodollar Advance.

Conversions and Continuations. The Borrowers Borrower shall have the right from time to time to Convert all or part of an Advance of one Type of Advance into an Advance of another Type of Advance or to Continue Advances all or part of one Type as Advances of the same Type any Eurodollar Advance by giving the Administrative Agent written notice (by means of an Advance Request Form) at least two (2) one Business Days Day before Conversion into a Prime Base Rate Advance Advance, and at least three (3) Business Days before Conversion into or Continuation of a Eurodollar Advance, specifying: (ai) the Conversion or Continuation date, (bii) the amount of the Advance to be Converted or Continued, (ciii) in the case of Conversions, the Type of Advance to be Converted into, and (div) in the case of a Continuation of or Conversion into a Eurodollar Advance, the duration of the Interest Period applicable thereto; provided, however, provided that (ia) Eurodollar Advances may only be Converted on the last day of the Interest Period, and (iib) except for Conversions into Prime to Base Rate Advances, no Conversions shall be made while an Event a Default has occurred and is continuing and no Continuations of Default or Potential any Eurodollar Advances shall be made while a Default has occurred and is continuing. The Administrative Agent , unless such Conversion or Continuation has been approved by Required Lenders, and (c) the aggregate principal amount of Eurodollar Advances having the same Interest Period shall promptly notify each Lender of each such noticebe at least equal to $5,000,000. All notices given by any Borrower under this Section 2.07 shall be irrevocable and shall be given not later than 11:00 A.M., A.M. Houston, Texas time on the day which is not less than the number of Business Days specified above for such notice. If any the Borrower shall fail to give the Administrative Agent the notice as specified above for Continuation or Conversion of a Eurodollar Advance prior to the end of the Interest Period with respect thereto, such Eurodollar Advance shall automatically be Converted into a Prime Base Rate Advance on the last day of the Interest Period for such Eurodollar Advance.