Common use of Conversions and Renewals Clause in Contracts

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar Loan, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion of the Lenders’ respective Pro Rata Shares. All notices given by the Borrower under this Section 2.05 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar Loan prior to the end of the Interest Period with respect thereto, such Eurodollar Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan.

Appears in 3 contracts

Samples: Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)

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Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LIBOR Loan, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar LIBOR Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; , and (b) Eurodollar LIBOR Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.162.17 hereof; and (c) the Borrower may not renew a Eurodollar LIBOR Loan or convert an ABR Loan into a Eurodollar LIBOR Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond . Each such notice shall be accompanied by a Borrowing Base Certificate dated as at the earliest Termination Date to occur following date of such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion of the Revolving Credit Lenders’ respective Revolving Credit Pro Rata SharesShares (in the case of Revolving Credit Loans) or Term Loan Lenders’ respective Term Loan Pro Rata Shares (in the case of Term Loans). All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 10:00 A.M. New York City Chicago time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Revolving Credit Lender or Term Loan Lender (as applicable) of each such notice not later than noon New York City 11:00 A.M. Chicago time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 10:00 A.M. New York City Chicago time. In the event such notice from the Borrower is received after 11:00 10:00 A.M. New York City Chicago time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Revolving Credit Lender or Term Loan Lender (as applicable) of such notice as soon as practicable but not later than noon New York 11:00 A.M. Chicago time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan. The provisions of this Section 2.06 shall not apply to Swing Line Loans.

Appears in 2 contracts

Samples: Assignment Agreement (Beazer Homes Usa Inc), Assignment Agreement (Beazer Homes Usa Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Revolving Credit Loan into another type of Revolving Credit Loan or to renew all or part of a Revolving Credit Loan by giving the Administrative Agent written notice by submitting to the Administrative Agent an Interest Rate Election Notice, in form and content as set forth on Exhibit D hereto, at least one (1) Business Day before conversion into an ABR a Base Rate Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Revolving Credit Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LoanLIBOR Loans, the duration of the Interest Period applicable thereto, including one-month, two-month, three-month or four-month durations; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Revolving Credit Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand and No/100 Dollars ($250,000200,000.00) in the case of Base Rate Loans, and One Million and No/100 Dollars ($1,000,000.00) in each the case in integral multiples of $100,000 if in excess of such minimum amountsLIBOR Loans; and (b) Eurodollar LIBOR Loans may be converted only on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date Loan. The Administrative Agent shall promptly notify each Bank of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following each such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion accordance with each Bank’s Pro Rata Share of the Lenders’ respective Pro Rata Sharesamount to be converted or renewed. All notices given by the Borrower under this Section 2.05 2.6 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time 10:00 a.m. (Central time) on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if If the Borrower shall fail to give the Administrative Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR a Base Rate Loan on the last day of the Interest Period for such Loan. Notwithstanding anything provided in this Section 2.6 or in Section 2.4, the Borrower shall have no more than six (6) LIBOR Loans outstanding at any one time.

Appears in 2 contracts

Samples: Credit Agreement (Saia Inc), Credit Agreement (Saia Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar Loan, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.162.17; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following such noticeDate; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. At all times that Secured Borrowing Base Option applies to the Facility, each such notice shall be accompanied by a Secured Borrowing Base Certificate dated as of the date of such notice. All conversions and renewals shall be made in the proportion of the Lenders’ respective Pro Rata Shares. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City Charlotte, North Carolina time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar Loan prior to the end of the Interest Period with respect thereto, such 38 Eurodollar Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan. The provisions of this Section 2.06 shall not apply to Swing Line Loans.

Appears in 2 contracts

Samples: Collateral Agreement (Clarksburg Skylark, LLC), Credit Agreement (Beazer Homes Usa Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one two (12) Business Day Days before conversion into an ABR a Prime Loan, and at least three two (32) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LoanLIBOR Loans, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) in the case of Prime Loans, and Five Hundred Thousand Dollars ($500,000) in each the case in integral multiples of $100,000 if in excess of such minimum amountsLIBOR Loans; and (b) Eurodollar LIBOR Loans may can be converted only on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date Loan. The Agent shall promptly notify each Bank of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following each such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion that each Bank's Loan bears to the total amount of all the Lenders’ respective Pro Rata SharesBanks' Loans. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 A.M. 12:00 P.M. prevailing time in New York City time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if If the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR a Prime Loan on the last day of the Interest Period for such Loan. A maximum of eight LIBOR Loans may be outstanding at any one time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Carey International Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar Loan, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following such noticeDate; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion of the Lenders’ respective Pro Rata Shares. All notices given by the Borrower under this Section 2.05 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar Loan prior to the end of the Interest Period with respect thereto, such Eurodollar Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan.

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

Conversions and Renewals. The Borrower So long as an Event of Default has not occurred and is continuing, the Borrowers may elect from time to time to convert all or a part of one type of Loan into another type of Loan (i.e., a LIBOR Rate Loan or an Alternate Base Rate Loan) or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Alternate Base Rate Loan, and at least three two (32) Business Days before the conversion into or renewal of a Eurodollar LIBOR Rate Loan, specifying: (1a) the renewal or conversion dateapplicable Conversion Date; (2b) the amount of the Loan to be converted or renewed; (3c) in the case of conversions, the type of Loan to be converted into; and (4d) in the case of renewals of or a conversion into a Eurodollar LoanLIBOR Rate Loans, the duration of the Interest Period applicable thereto; provided that (ai) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000200,000) in the case of Alternate Base Rate Loans, and Five Hundred Thousand Dollars ($500,000) in each the case in integral multiples of $100,000 if in excess of such minimum amountsLIBOR Rate Loans; and (bii) Eurodollar LIBOR Rate Loans may can be converted only on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date Loan. Agent shall promptly notify each Lender of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following each such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion that each Lender’s Loan bears to the total amount of all of the Lenders’ respective Pro Rata SharesLenders Loans. All notices given by the Borrower under this Section 2.05 2.03 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time Eastern Time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on If the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower Borrowers shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Rate Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Rate Loan shall automatically be converted into an ABR Alternate Base Rate Loan on the last day of the Interest Period for such Loan.. A maximum of twelve (12) LIBOR Rate Loans may be outstanding at any one time. -19- Section 2.04

Appears in 1 contract

Samples: Credit Agreement      credit Agreement (Impath Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar Loan, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.162.17; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following such noticeDate; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. Each such notice shall be accompanied by a Borrowing Base Certificate dated as at the date of such notice. All conversions and renewals shall be made in the proportion of the Lenders’ respective Pro Rata Shares. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 A.M. New York City Charlotte, North Carolina time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City Charlotte, North Carolina time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City Charlotte, North Carolina time. In the event such notice from the Borrower is received after 11:00 A.M. New York City Charlotte, North Carolina time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York Charlotte, North Carolina time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar Loan prior to the end of the Interest Period with respect thereto, such Eurodollar Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan. The provisions of this Section 2.06 shall not apply to Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar Loan, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.162.17; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following such noticeDate; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. Each such notice shall be accompanied by a Borrowing Base Certificate dated as at the date of such notice. All conversions and renewals shall be made in the proportion of the Lenders’ respective Pro Rata Shares. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 10:00 A.M. New York City Chicago time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City 11:00 A.M. Chicago time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 10:00 A.M. New York City Chicago time. In the event such notice from the Borrower is received after 11:00 10:00 A.M. New York City Chicago time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York 11:00 A.M. Chicago time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar Loan prior to the end of the Interest Period with respect thereto, such Eurodollar Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan. The provisions of this Section 2.06 shall not apply to Swing Line Loans.

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

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Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar Loan, specifying: (1a) the renewal or conversion date; (2b) the amount of the Loan to be converted or renewed; (3c) in the case of conversions, the type of Loan to be converted into; and (4d) in the case of renewals of or a conversion into a Eurodollar Loan, the duration of the Interest Period applicable thereto; provided that (ai) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (bii) Eurodollar Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.162.13; (ciii) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (div) no Interest Period may extend beyond the earliest Termination Date to occur following such notice; and (ev) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion of the Lenders’ respective Pro Rata Shares. All notices given by the Borrower under this Section 2.05 2.03 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall thereafter notify each Lender of each such notice not later than noon New York City within a reasonable time on the date after it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City timeBorrower. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York within a reasonable time on after it receives such notice from the next succeeding Business DayBorrower. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar Loan prior to the end of the Interest Period with respect thereto, such Eurodollar Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan.

Appears in 1 contract

Samples: Credit Agreement (Beazer Homes Usa Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one (1) Business Day before conversion into an ABR Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LIBOR Loan, the duration of the Interest Period applicable thereto; provided PROVIDED that (a) the minimum principal amount of each Eurodollar Loan of each Bank outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) in the case of a LIBOR Loan, and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand Dollars ($250,000) in the case of an ABR Loan; and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar LIBOR Loans may be converted on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date of conversion all amounts due pursuant to Section 2.162.17 hereof; and (c) the Borrower may not renew a Eurodollar LIBOR Loan or convert an ABR Loan into a Eurodollar LIBOR Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond . Each such notice shall be accompanied by a Borrowing Base Certificate dated as at the earliest Termination Date to occur following date of such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion that each Bank's Loan bears to the total amount of all the Lenders’ respective Pro Rata SharesBanks' Loans. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 9:00 A.M. New York City Chicago time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender Bank of each such notice not later than noon New York City 11:00 A.M. Chicago time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 9:00 A.M. New York City Chicago time. In the event such notice from the Borrower is received after 11:00 9:00 A.M. New York City Chicago time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender Bank of such notice as soon as practicable but not later than noon New York 11:00 A.M. Chicago time on the next succeeding Business Day. Notwithstanding the foregoing, if the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR Loan on the last day of the Interest Period for such Loan. The provisions of this Section 2.06 shall not apply to Swing Line Loans.

Appears in 1 contract

Samples: Assignment Agreement (Beazer Homes Usa Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent written notice by submitting to Agent an Interest Rate Election Notice, in form and content as set forth on Schedule “2.6" hereto, at least one (1) Business Day before conversion into an ABR a Base Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LoanLIBOR Loans, the duration of the Interest Period applicable thereto, including 30, 60, 90 or 120 day durations; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand and No/100 Dollars ($250,000200,000.00) in the case of Base Loans, and One Million and No/100 Dollars ($1,000,000.00) in each the case in integral multiples of $100,000 if in excess of such minimum amountsLIBOR Loans; and (b) Eurodollar LIBOR Loans may be converted only on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date Loan. The Agent shall promptly notify each Bank of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following each such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion that each Bank’s Loan bears to the total amount of all the LendersBanksrespective Pro Rata SharesLoans. All notices given by the Borrower under this Section 2.05 2.6 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time 10:00 a.m. (Central time) on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if If the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR a Base Loan on the last day of the Interest Period for such Loan. Notwithstanding anything provided in this Section 2.6 or in Section 2.4, Borrower shall have no more than six (6) LIBOR Loans outstanding at any one time.

Appears in 1 contract

Samples: Assignment and Assumption (Saia Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent notice at least one three (13) Business Day Days before conversion into an ABR a Prime Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LoanLIBOR Loans, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Hundred Thousand Dollars ($1,000,000100,000) in the case of Prime Loans, and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred and Fifty Thousand Dollars ($250,000) in the case of LIBOR Loans; and in each case in integral multiples of $100,000 if in excess of such minimum amounts; (b) Eurodollar LIBOR Loans may can be converted only on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date Loan. The Agent shall promptly notify each Bank of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following each such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion that each Bank's Loan bears to the total amount of all the Lenders’ respective Pro Rata SharesBanks' Loans. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 A.M. 12:00 P.M. prevailing time in New York City time on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if If the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR a Prime Loan on the last day of the Interest Period for such Loan. A maximum of five LIBOR Loans may be outstanding at any one time.

Appears in 1 contract

Samples: Term Loan Agreement (Carey International Inc)

Conversions and Renewals. The Borrower may elect from time to time to convert all or a part of one type of Loan into another type of Loan or to renew all or part of a Loan by giving the Agent written notice by submitting to Agent an Interest Rate Election Notice, in form and content as set forth on Schedule "2.06" hereto, at least one (1) Business Day before conversion into an ABR a Prime Loan, and at least three (3) Business Days before the conversion into or renewal of a Eurodollar LIBOR Loan, specifying: (1) the renewal or conversion date; (2) the amount of the Loan to be converted or renewed; (3) in the case of conversions, the type of Loan to be converted into; and (4) in the case of renewals of or a conversion into a Eurodollar LoanLIBOR Loans, the duration of the Interest Period applicable thereto; provided that (a) the minimum principal amount of each Eurodollar Loan outstanding after a renewal or conversion shall be One Million Dollars ($1,000,000) and the minimum amount of each ABR Loan outstanding after a renewal or conversion shall be Two Hundred Fifty Thousand and No/100 Dollars ($250,000200,000.00) in the case of Prime Loans, and Four Million and No/100 Dollars ($4,000,000.00) in each the case in integral multiples of $100,000 if in excess of such minimum amountsLIBOR Loans; and (b) Eurodollar LIBOR Loans may be converted only on a Business Day that is not the last day of the Interest Period for such Loan only if the Borrower pays on the date Loan. The Agent shall promptly notify each Bank of conversion all amounts due pursuant to Section 2.16; (c) the Borrower may not renew a Eurodollar Loan or convert an ABR Loan into a Eurodollar Loan at any time that a Default has occurred that is continuing; (d) no Interest Period may extend beyond the earliest Termination Date to occur following each such notice; and (e) not more than eight (8) Interest Periods for Eurodollar Loans may be outstanding at any one time. All conversions and renewals shall be made in the proportion that each Bank's Loan bears to the total amount of all the Lenders’ respective Pro Rata SharesBanks' Loans. All notices given by the Borrower under this Section 2.05 2.06 shall be irrevocable and shall be given not later than 11:00 A.M. New York City time 10:00 a.m. (Central time) on the day which is not less than the number of Business Days specified above for such notice. The Agent shall notify each Lender of each such notice not later than noon New York City time on the date it receives such notice from the Borrower if such notice is received by the Agent at or before 11:00 A.M. New York City time. In the event such notice from the Borrower is received after 11:00 A.M. New York City time, it shall be treated as if received on the next succeeding Business Day, and the Agent shall notify each Lender of such notice as soon as practicable but not later than noon New York time on the next succeeding Business Day. Notwithstanding the foregoing, if If the Borrower shall fail to give the Agent the notice as specified above for the renewal or conversion of a Eurodollar LIBOR Loan prior to the end of the Interest Period with respect thereto, such Eurodollar LIBOR Loan shall automatically be converted into an ABR a Prime Loan on the last day of the Interest Period for such Loan. Notwithstanding anything provided in this Section 2.06 or in Section 2.04, Borrower shall have no more than four (4) LIBOR Loans outstanding at any one time.

Appears in 1 contract

Samples: Guaranty Agreement (SCS Transportation Inc)

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