Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan), the Borrower shall have the option, subject to the other provisions of this Section 4.02, to select an interest period (each, an "Interest Period") to apply to the Loans described in such notice, subject to the following provisions: (i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration; (ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate Loan, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires; (iii) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement (iv) The Borrower may not select an Interest Period as to any Loan if such Interest Period terminates later than the Termination Date; (v) There shall be no more than ten (10) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and (vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Muehlstein Holding Corp), Credit Agreement (Muehlstein Holding Corp)
Determination of Interest Period. By giving notice to Lender as set forth in Section 2.01(b) (3.1 below with respect to a new Loan) borrowing of a LIBOR Rate Advance, or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan)the same, the Borrower shall have the optionshall, subject to the other provisions of this Section 4.022, to select an interest period (each, an "specify the applicable Interest Period") to apply to . The determination of the Loans described in such notice, Interest Period shall be subject to the following provisions:
(ia) The Borrower may only select, as to a particular Fixed Rate Loan, an the initial Interest Period for any LIBOR Rate Advance shall commence on the date of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to such LIBOR Rate Advance which shall be a Fixed Rate Loan, Business Day and each successive Interest Period (if any) occurring thereafter for such LIBOR Rate Advance shall commence on the day on which the next preceding Interest Period for such LIBOR Rate Advance expires;; 111 Seven years from the Closing under the Formation Agreement.
(iiib) If if any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day Day; provided, however, that if any such Interest Period would otherwise expire on a day which is after the next succeeding last Business Day occurs in of the same calendar month, and if there shall be no succeeding Business Day in last month of such calendar monthInterest Period, such Interest Period shall expire on the immediately next preceding Business Day; Credit Agreement
(iv) The Borrower may not select an Interest Period as to any Loan if such Interest Period terminates later than the Termination Date;
(vc) There there shall be no more than ten four (104) Interest Periods for Borrower in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time;
(d) all Interest Periods shall be for six months; and
(vie) No Fixed Rate Loan no Interest Period may be borrowed on selected which extends beyond the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing DateTerm.
Appears in 2 contracts
Samples: Formation, Contribution and Investment Agreement (MSG Spinco, Inc.), Formation, Contribution and Investment Agreement (Madison Square Garden Co)
Determination of Interest Period. By giving notice to Bank as set forth in Section 2.01(b) (2.10 above with respect to a new Loan) borrowing of a LIBOR Rate Advance, or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed LIBOR Rate Loan)Advance, the Borrower shall have the optionBorrowers’ Agent or any one or more of Borrowers shall, subject to the other provisions of this Section 4.022, to select an interest period (each, an "specify the applicable Interest Period") to apply to . The determination of the Loans described in such notice, Interest Period shall be subject to the following provisions:
(ia) The Borrower may only select, as to a particular Fixed Rate Loan, an the initial Interest Period for any LIBOR Rate Advance shall commence on the date of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to such LIBOR Rate Advance which shall be a Fixed Rate Loan, Business Day and each successive Interest Period (if any) occurring thereafter for such LIBOR Rate Advance shall commence on the day on which the next preceding Interest Period for such LIBOR Rate Advance expires;
(iiib) If if any Interest Period would otherwise expire on a day which that is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day Day; provided, however, that if any such Interest Period would otherwise expire on a day that is after the next succeeding last Business Day occurs in of the same calendar month, and if there shall be no succeeding Business Day in last month of such calendar monthInterest Period, such Interest Period shall expire on the immediately next preceding Business Day; Credit Agreement
(iv) The Borrower may not select an Interest Period as to any Loan if such Interest Period terminates later than the Termination Date;
(vc) There there shall be no more than ten four (104) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vid) No Fixed Rate Loan no Interest Period may be borrowed on selected which extends beyond the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing DateTerm.
Appears in 2 contracts
Samples: Loan and Security Agreement (Teavana Holdings Inc), Loan and Security Agreement (Teavana Holdings Inc)
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new LoanBorrowing of Domestic Loans or Multicurrency Loans) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan), the applicable Borrower shall have the option, subject to the other provisions of this Section 4.02, to select an interest period (each, an "Interest Period") to apply to the Loans described in such notice, subject to the following provisions:
(i) The Such Borrower may only select, as to a particular Borrowing of Fixed Rate LoanLoans, an a Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, or six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Borrowing of Fixed Rate LoanLoans, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iii) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(iv) The Such Borrower may not select an a Interest Period as to any Loan if such Interest Period terminates later than the Commitment Termination Date;
(v) There shall be no more than ten six (106) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of ContinuationConversion/Conversion Continuation may be delivered prior to the Closing Date.
Appears in 2 contracts
Samples: Credit Agreement (Donna Karan International Inc), Credit Agreement (Donna Karan International Inc)
Determination of Interest Period. By giving notice as set forth -------------------------------- in Section 2.01(b) (with respect to a new Loan) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan2.06(b), the a Borrower shall have the option, subject to the other --------------- provisions of this Section 4.022.07, to select an interest period (eachspecify whether the Interest Period for such ------------ LIBOR Loan shall be a one, an "three or six month period. The determination of Interest Period") to apply to the Loans described in such notice, Periods shall be subject to the following provisions:
(i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;.
(iiiii) If any Interest Period would otherwise expire on a day which is not a Business Day, such the Interest Period shall be extended to expire on the next succeeding Business Day Day; provided, however, that if the next -------- ------- succeeding Business Day occurs in the same following calendar month, and if there shall be no succeeding Business Day in such calendar month, then such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement.
(iviii) The A Borrower may not select an Interest Period as for any LIBOR Loan, which Interest Period expires later than December 31, 2006.
(iv) A Borrower may not select an Interest Period with respect to any Loan if portion of such Borrower's Loans which extends beyond any date on which the outstanding principal amount of the Loans are scheduled to be reduced pursuant to Section 2.08(b) unless, after giving effect to such selection, --------------- the portion of the Loans not subject to Interest Period terminates later Periods ending after any such date is equal to or greater than the Termination Date;any amount of such scheduled principal payments of Loans.
(v) There shall be no more than ten six (106) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new LoanBorrowing of Domestic Loans or Multicurrency Loans) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan), the applicable Borrower shall have the option, subject to the other provisions of this Section 4.02, to select an interest period (each, an "Interest Period") to apply to the Loans described in such notice, subject to the following provisions:
(i) The Such Borrower may only select, as to a particular par ticular Borrowing of Fixed Rate LoanLoans, an a Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, or six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Borrowing of Fixed Rate LoanLoans, each successive Interest Period shall -92- commence on the day on which the next preceding Interest Period expires;
(iii) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(iv) The Such Borrower may not select an a Interest Period as to any Loan if such Interest Period terminates later than the Commitment Termination Date;
(v) There shall be no more than ten six (106) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of ContinuationConversion/Conversion Continuation may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate LoanSECTION 2.12(a), the Borrower shall have the optionoption of selecting a one-, subject to the other provisions two-, three- or six-month Interest Period for such Eurodollar Rate Loan. The determination of this Section 4.02, to select an interest period (each, an "Interest Period") to apply to the Loans described in such notice, Periods shall be subject to the following provisions:
(i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iiiii) If if any Interest Period would otherwise expire on a day which is not a Business Day, such the Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding unless such Business Day occurs in the same following calendar month, and if there shall be no succeeding Business Day in such calendar month, then such Interest Period shall expire on the immediately preceding Business Day;
(iii) if any Interest Period begins on the last Business Day of a month, or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period, then the Interest Period shall end on the last Business Day of the calendar month at the end of such Interest Period; Credit Agreementand
(iv) The the Borrower may not select an Interest Period as to any Loan if such Interest Period terminates Period, which expires later than the Termination Date;
Renewal Date (vas defined in Section 3.4 below) There shall be no more than ten (10) Interest Periods in or any anniversary date thereafter to which the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan term of this Agreement may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Dateextended.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan2.3(C), the Borrower shall have the option, subject to the other provisions of this Section 4.022.3(G), to select an interest period (each, an "Interest Period") to apply to the Loans each LIBOR Rate Portion described in such notice, subject to the following provisions:
(ia) The Borrower may only select, as to a particular Fixed parti- cular LIBOR Rate LoanPortion, an Interest Period of either one (1), two (2), ) or three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(iib) In the case of immediately successive Interest Periods applicable to a Fixed the LIBOR Rate LoanPortion, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iiic) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall will be no succeeding Business Day in such calendar month, such the Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(ivd) The Borrower may not select an Interest Period as to any Loan LIBOR Rate Portion if such Interest Period terminates later than the Termination Date;expires after a scheduled date of termination of this Agreement; and
(ve) There shall be no more than ten two (102) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one timetime if, after giving effect to such request under Section 2.3(C), there exists a Base Rate Portion; and
or there shall be no more than three (vi3) No Fixed Interest Periods in effect at any one time if, after giving effect to any request under Section 2.3(C), no Base Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing DatePortion shall exist.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in a Notice of Borrowing pursuant to Section 2.01(b) (with respect to a new Loan) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan)2.2.4, the Borrower shall have the option, subject to the other provisions of this Section 4.022.15.1, to select an interest period (eachspecify whether the Interest Period commencing on the date specified therein shall be a one, an "Interest Period") to apply to the Loans described in such noticetwo, subject to the following provisionsthree or six month period; provided that:
(ia) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iiib) If if any Interest Period otherwise would otherwise expire on a day which that is not a Business Day, such that Interest Period shall be extended to expire on the next succeeding Business Day; provided, however, that if any such Interest Period would otherwise expire on a day that is not a Business Day if but is a day of the next succeeding month after which no further Business Day occurs in the same calendar that month, and if there shall be no succeeding Business Day in such calendar month, such that Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(ivc) The Borrower may not select an any Interest Period as that begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall, subject to paragraphs (d), (e) and (f) below, end on the last Business Day of a calendar month;
(d) with respect to any Loan if such that is the subject of a Specified Hedge Agreement, (1) no Interest Period terminates later than may be chosen that would extend beyond any date on which principal is scheduled to be paid in respect of such Loan, (2) to the Termination extent that such Loan is intended to be a Eurodollar Loan following the date of such scheduled principal payment, Interest Periods shall be selected such that the date of such scheduled principal payment shall coincide with the expiration of an Interest Period, and (3) a single initial Interest Period may be chosen that will not be a period of precisely one, two, three or six months (as applicable) but will end on a date that will accommodate the foregoing with respect to successive Interest Periods;
(e) no Interest Period may be chosen that would extend beyond the date of any scheduled reduction of the Commitments or any date on which principal is scheduled to be paid in respect of the Loans unless, after giving effect to such Eurodollar Loan, the aggregate principal amount of Loans that are Base Rate Loans or that have Interest Periods that will expire on or before such date equals or exceeds the amount of any prepayment of Loans required in connection with such scheduled reduction of the Commitments or the amount of such scheduled principal payment, as the case may be;
(f) no Interest Period shall extend beyond the Maturity Date;
(vg) There if a Notice of Borrowing for Eurodollar Loans fails to specify an Interest Period, the Borrower shall be no more than ten (10) deemed to have selected a one-month Interest Periods in the aggregate Period for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Datesuch Eurodollar Loans.
Appears in 1 contract
Samples: Credit Agreement (Symbion Inc/Tn)
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) SECTIONS 2.3 or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan4.3(b), as the Borrower shall have the optioncase may be, Borrowers shall, subject to the other provisions of this Section 4.02SECTION 4.4 specify whether the Interest Period applicable to any requested LIBOR Rate Loan shall be a one-month, to select an interest period (each, an "three-month or six-month period. The determination of Interest Period") to apply to the Loans described in such notice, Periods shall be further subject to the following provisions:
: (i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next immediately preceding Interest Period expires;
; (iiiii) If if any Interest Period would otherwise expire on a day which is not a Business Day, such the Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Day; (iii) Borrowers may not select an Interest Period shall expire on for any Loan which terminates later than the immediately preceding Business DayTermination Date; Credit Agreement
(iv) The Borrower may not select an Interest Period as with respect to any portion of principal of a Loan if which extends beyond a date on which Borrower could reasonably be expected to be required to make a mandatory payment or prepayment of that portion of principal; (v) any Interest Period which begins on a day for which there is no numerically corresponding day in the calendar month during which such Interest Period terminates later than is to end shall (subject to CLAUSE (ii) above) end on the Termination Date;
first Business Day following the last day of such calendar month; and (vvi) There there shall be no more than ten four (104) Interest Periods in the aggregate for Fixed LIBOR Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b2.01(c) (with respect to a new LoanBorrowing of U.S. Loans or Multicurrency Loans) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan), the applicable Borrower shall have the option, subject to the other provisions of this Section 4.02, to select an interest period (each, an "Interest Period") to apply to the Loans described in such notice, subject to the following provisions:
(i) The Such Borrower may only select, as to a particular par ticular Borrowing of Fixed Rate LoanLoans, an a Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the LenderAgent, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Borrowing of Fixed Rate LoanLoans, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iii) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(iv) The Such Borrower may not select an a Interest Period as to any Loan if such Interest Period terminates later than the Revolving Credit Termination Date;
(v) There shall be no more than five (5) Interest Periods for Fixed Rate Loans denominated in Dollars and no more than ten (10) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of ContinuationConversion/Conversion Continuation may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) SECTIONS 2.3 or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan4.4(B), the Borrower shall have the option, subject to the other provisions of this Section 4.02SECTION 4.5, to select an interest period (eachspecify whether the Interest Period applicable to any requested LIBOR Rate Loan shall be a one-month, an "three-month or six-month period. The determination of Interest Period") to apply to the Loans described in such notice, Periods shall be further subject to the following provisions:
(i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next immediately preceding Interest Period expires;.
(iiiii) If any Interest Period would otherwise expire on a day which is not a Business Day, such the Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement.
(iviii) The Borrower may not select an Interest Period as to for any Loan if such Interest Period which terminates later than January 1, 2001 or for any Working Capital Loan which terminates later than the Working Capital Loan Termination Date;Date then in effect.
(iv) Borrower may not select an Interest Period with respect to any portion of principal of a Loan which extends beyond a date on which Borrower could reasonably be expected to be required to make a mandatory payment or prepayment of that portion of principal (including, without limitation, as a result of any mandatory reduction in the Revolving Loan Commitment or Working Capital Commitment, respectively, pursuant to the terms of this Agreement).
(v) Any Interest Period which begins on a day for which there is no numerically corresponding day in the calendar month during which such Interest Period is to end shall (subject to clause (ii) above) end on the first Business Day following the last day of such calendar month.
(vi) There shall be no more than ten three (103) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) SECTIONS 2.3 or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan4.3(b), as the case may be, Borrower shall have the optionshall, subject to the other provisions of this Section 4.02SECTION 4.4 specify whether the Interest Period applicable to any requested LIBOR Rate Loan shall be a one-month, to select an interest period (each, an "three-month or six-month period. The determination of Interest Period") to apply to the Loans described in such notice, Periods shall be further subject to the following provisions:
: (i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next immediately preceding Interest Period expires;
; (iiiii) If if any Interest Period would otherwise expire on a day which is not a Business Day, such the Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement
(iviii) The Borrower may not select an Interest Period as to any for the Term Loan if such Interest Period which terminates later than the Final Maturity Date or for any Revolving Loan which terminates later than the Revolving Loan Termination Date;
Date then in effect; (iv) Borrower may not select an Interest Period with respect to any portion of principal of a Loan which extends beyond a date on which Borrower could reasonably be expected to be required to make a mandatory payment or prepayment of that portion of principal; (v) There any Interest Period which begins on a day for which there is no numerically corresponding day in the calendar month during which such Interest Period is to end shall (subject to CLAUSE (ii) above) end on the first Business Day following the last day of such calendar month; and (vi) there shall be no more than ten five (105) Interest Periods in the aggregate for Fixed LIBOR Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new LoanBorrowing of Revolving Loans to be made as Fixed Rate Loans) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate LoanLoans), the Borrower Borrowers shall have the option, subject to the other provisions of this Section 4.02, to select an interest period (each, an a "Interest Period") to apply to the Loans described in such notice, subject to the following provisions:
(i) The Borrower Borrowers may only select, as to a particular Borrowing of Fixed Rate LoanLoans, an Interest Period of either one (1)one, two (2)two, three (3) or, to the extent consented to by the Lender, or six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Borrowing of Fixed Rate LoanLoans, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iii) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding such Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such the Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(iv) The Borrower Borrowers may not select an Interest Period as to any Loan if such Interest Period terminates later than the Commitment Termination Date;; and
(v) There shall be no more than ten five (105) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new Loan) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate Loan3.2(b), the Borrower Parent, for itself or on behalf of either or both of the other Borrowers, shall have the option, subject to the other provisions of this Section 4.023.3, to select an interest specify whether the Interest Period for such LIBO Rate Loan shall be a period of one, two, three or four months (eachor, an "if available, as determined by all of the Lenders, six or twelve months). The determination of Interest Period") to apply to the Loans described in such notice, Periods shall be subject to the following provisions:
(i) The Borrower may only select, as to a particular Fixed Rate Loan, an Interest Period of either one (1), two (2), three (3) or, to the extent consented to by the Lender, six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Fixed Rate LoanPeriods, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;.
(iiiii) If any Interest Period would otherwise expire on a day which is not a Business Day, such the Interest Period shall be extended to expire on the next succeeding Business Day Day; provided, however, that if the next succeeding Business Day occurs in the same following calendar month, and if there shall be no succeeding Business Day in such calendar month, then such Interest Period shall expire on the immediately preceding Business Day; Credit Agreement.
(iii) No Borrower may select an Interest Period for any LIBO Rate Loan, which Interest Period expires later than the fifth Anniversary Date.
(iv) The No Borrower may not select an Interest Period as with respect to any Loan if portion of the Term Loans which extends beyond an installment payment date for the Term Loans unless, after giving effect to such election, the portion of the Term Loans not subject to Interest Period terminates later Periods ending after such installment payment date is equal to or greater than the Termination Date;principal due on such installment payment date.
(v) There shall be no more than ten five (105) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Laclede Steel Co /De/)
Determination of Interest Period. By giving notice as set forth in Section 2.01(b) (with respect to a new LoanBorrowing of Revolving Loans to be made as Fixed Rate Loans) or Section 4.01(c) (with respect to a conversion into or continuation of a Fixed Rate LoanLoans), the Borrower Representative shall have the option, subject to the other provisions of this Section 4.02, to select an interest period (each, an "Interest Period") to apply to the Loans described in such notice, subject to the following provisions:
(i) The Borrower Borrowers may only select, as to a particular Borrowing of Fixed Rate LoanLoans, an Interest Period of either one (1)one, two (2)two, three (3) or, to the extent consented to by the Lender, or six (6) months in duration;
(ii) In the case of immediately successive Interest Periods applicable to a Borrowing of Fixed Rate LoanLoans, each successive Interest Period shall commence on the day on which the next preceding Interest Period expires;
(iii) If any Interest Period would otherwise expire on a day which is not a Business Day, such Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding such Business Day occurs in the same calendar month, and if there shall be no succeeding Business Day in such calendar month, such the Interest Period shall expire on the immediately preceding Business Day; Credit Agreement;
(iv) The Borrower Borrowers may not select an Interest Period as to any Loan if such Interest Period terminates later than the Commitment Termination Date;; and
(v) There shall be no more than ten five (105) Interest Periods in the aggregate for Fixed Rate Loans denominated in Optional Currencies in effect at any one time; and
(vi) No Fixed Rate Loan may be borrowed on the Closing Date, and no Notice of Continuation/Conversion may be delivered prior to the Closing Date.
Appears in 1 contract