Conversions or Continuations of Loans. (a) Subject to Section 4.04, the Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (i) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.05; (ii) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 and (iii) subject to Sections 5.01(a) and 5.03, any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued as, as the case may be, Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another. (b) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower shall have the right to choose only an Interest Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 10 contracts
Samples: Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc)
Conversions or Continuations of Loans. (a1) Subject to Section 4.042.6(3), the Section 2.7(2) and Section 2.7(3), Lead Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Lead Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.6(4); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.7(5) and (iiic) subject to Sections 5.01(aSection 2.7(1) and 5.03Section 2.7(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Lead Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.
(b2) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Lead Borrower shall have the right to choose only an Interest Period with respect to the principal amount equal to the notional amount under such Hedge Agreement which is the same as the Interest Rate Hedge Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 2 contracts
Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Acquisition and Project Loan Agreement (Acadia Realty Trust)
Conversions or Continuations of Loans. (a1) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5); and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan Loan, for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.
(b2) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower shall have not modify the right to choose only an Interest Period which is with respect to the same as principal amount equal to the Interest Rate notional amount under such Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 2 contracts
Samples: Loan Agreement (Morgans Hotel Group Co.), Mezzanine Loan Agreement (Morgans Hotel Group Co.)
Conversions or Continuations of Loans. (a1) Subject to Section 4.042.8(4), the Section 2.9(2) and Section 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(aSection 2.9(1) and 5.03Section 2.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.
(b2) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower shall have the right to choose only an Interest Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 2 contracts
Samples: Construction Loan Agreement, Construction Loan Agreement (Maguire Properties Inc)
Conversions or Continuations of Loans. (a1) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Lead Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Lead Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Lead Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.
(b2) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Lead Borrower shall have the right to choose only an Interest Period with respect to the principal amount equal to the notional amount under such Hedge Agreement which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 2 contracts
Samples: Term Loan Agreement (Acadia Realty Trust), Term Loan Agreement (Acadia Realty Trust)
Conversions or Continuations of Loans. (a) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Absent instructions from Borrower to Convert Loans of one Type into Loans of another Type, Loans of one Type shall Continue as Loans of the same Type for the same duration. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.
(b) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower shall have the right to choose only an Interest Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
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Conversions or Continuations of Loans. (a1) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: :
(ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default existshas occurred and is continuing, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default existshas occurred and is continuing, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.
(b2) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower shall have the right to choose only an Interest Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 1 contract
Conversions or Continuations of Loans. (a) Subject to Section 4.04Sections 2.7(4), the 2.8(2) and 2.8(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.7(5); (iib) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.8(5); and (iiic) subject to Sections 5.01(a2.8(1) and 5.032.8(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan Loan, for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.
(b) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower shall have the right to choose only an Interest Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 1 contract
Conversions or Continuations of Loans. (a) Subject to Section 4.04, the Borrower and Co-Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: :
(i) the Borrower or Co-Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.05; (ii) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower or Co-Borrower complies with the terms of Section 5.05 and (iii) subject to Sections 5.01(a) and 5.03, any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Lenders shall) suspend the right of the Borrower and Co-Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued as, as the case may be, Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.
(b) Notwithstanding anything to the contrary contained in this Agreement, at any time that a Hedge Agreement is in effect, the Borrower Borrower, shall have the right to choose only an Interest Period which is the same as the Interest Rate Hedge Period, provided that the foregoing shall only apply to a Hedge Agreement that is required by Section 8.19(a) of this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Douglas Emmett Inc)