Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months. (b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market. (c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date. (d) No Interest Period may extend beyond the Revolving Credit Period. (e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan into a LIBOR Loan. If Lender does not receive an Interest Rate Selection Notice within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Rate Loan. (f) Borrower may not have outstanding and Lender shall not be obligated to make more than six (6) LIBOR Loans at any one time.
Appears in 4 contracts
Samples: Credit Agreement (Laclede Gas Co), Credit Agreement (Laclede Gas Co), Credit Agreement (Laclede Group Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing; provided, all LIBOR Loans comprising a single borrowing must at all times have the same Interest Period. More than one borrowing may be made on the same Business Day. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Loan, to elect that such Base Rate Loan become be converted into a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such LIBOR Loan become be converted into a Base Rate Loan), by giving written notice of such election to Lender the Administrative Agent (an each a “Interest Rate Selection NoticeNotice of Election”) substantially the form of Exhibit B-3 by 10:00 11:00 a.m. (St. Louis time) Charlotte time on the Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 11:00 a.m. (St. Louis time) Charlotte time at least three (3) LIBOR Banking Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Administrative Agent and the Banks under Section 6 7 hereof, (A) any such election that LIBOR Loans be converted into Base Rate Loans shall involve an aggregate principal amount of this Agreementnot less than $500,000; any such election that Base Rate Loans be converted into, or any continuation of, LIBOR Loans shall involve an aggregate principal amount of not less than $2,500,000; and no partial conversion of LIBOR Loans made pursuant to a single borrowing shall reduce the outstanding principal amount of such LIBOR Loans to less than $2,500,000, (B) except as otherwise provided in Section 2.12, LIBOR Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto (and, in any event, if a LIBOR Loan is converted into a Base Rate Loan on any day other than the last day of the Interest Period applicable thereto, Borrower will pay, upon such conversion, all amounts required under Section 2.10 to be paid as a consequence thereof), (C) no such conversion or continuation shall be permitted with regard to any Base Rate Loans that are Swingline Loans, and (D) so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan into a LIBOR Loan.
(b) Each Notice of Election shall specify (i) the date of such election (which shall be a Business Day), (ii) in the case of an election that a Base Rate Loan be converted into a LIBOR Loan, or a continuation of, LIBOR Loans, the Interest Period to be applicable thereto, and (iii) the aggregate amount and Type of the Loans being converted or continued. Upon receipt of a Notice of Election by Borrower to the Administrative Agent under this Section 2.04, the Administrative Agent shall notify each Bank by 12:00 p.m. Charlotte time on the date of receipt of such notice (which must be a Business Day) of the contents thereof. If Lender the Administrative Agent does not receive an Interest Rate Selection a Notice within the applicable time limits of Election for a Loan pursuant to this Section 2.04(b) as specified herein, with respect to any outstanding LIBOR Loans, such LIBOR Loans shall automatically be converted into Base Rate Loans upon the expiration of the current Interest Period applicable thereto (unless repaid pursuant to the terms hereof). In the event Borrower shall have failed to select in a Notice of Election the duration of the Interest Period to be applicable to any conversion into, or continuation of, LIBOR Loans, then Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day of the current selected an Interest Period with respect thereto and to reborrow the principal amount a duration of such Loan on such date as a Base Rate Loanone month.
(fc) Borrower may not have outstanding and Lender the Banks shall not be obligated to make more than six eight (6) 8) LIBOR Loans at any one time.
Appears in 3 contracts
Samples: Loan Agreement (Laclede Group Inc), Loan Agreement (Laclede Gas Co), Loan Agreement (Laclede Group Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period commencement date and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Libor Rate Loan shall be as specified in the applicable Notice of BorrowingAdvance request. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Libor Rate Loan and the interest rate or elect to be applicable during such subsequent Interest Period convert to a Base Rate Loan (and Borrower shall have the option (ix) in the case of any Base Rate Loan, to elect that such Loan become a LIBOR Libor Rate Loan and the Interest Period to be applicable thereto, and thereto or (iiy) in the case of any LIBOR Libor Rate Loan, to elect that such Loan become a Base Rate Loan), by giving notice of such election to Lender Bank by 1:00 p.m. (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis New Orleans time) on the Business Day of, last day of the then expiring Interest Period (in the case of an existing Libor Rate Loan) or on the election date of the Adjusted requested conversion of a Base RateRate Loan to a Libor Rate Loan, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if anyas applicable; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender Bank under Section 6 of this AgreementVI hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Libor Rate Loan or to convert any Base Rate Loan into a LIBOR Libor Loan. If Lender does not receive All Libor Rate Loans, whether by conversion or by an Interest Rate Selection Notice within the applicable time limits specified hereinAdvance, Borrower shall be deemed in increments of $100,000.00 or greater. All Loans which bear interest at a particular Libor Rate for a particular Interest Period shall constitute a single Libor Loan. Notwithstanding the foregoing, the duration of each Interest Period shall be subject to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day provisions of the current definition of Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Rate LoanPeriod.
(f) Borrower may not have outstanding and Lender shall not be obligated to make more than six (6) LIBOR Loans at any one time.
Appears in 2 contracts
Samples: Loan Agreement (Central Louisiana Electric Co Inc), Loan Agreement (Cleco Corp)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Daily LIBOR Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Daily LIBOR Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Daily LIBOR Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Daily LIBOR Loan into a LIBOR Loan. If Lender does not receive an Interest Rate Selection Notice a notice of election for a Loan pursuant to this Section 2.04(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Rate Daily LIBOR Loan.
(fb) Borrower may not have outstanding and Lender shall not be obligated to make more than six eight (6) 8) LIBOR Loans at any one time.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Laclede Gas Co), Revolving Credit Agreement (Laclede Group Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Daily Reset Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Daily Reset Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Daily Reset LIBOR Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking New York Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Daily Reset Loan into a LIBOR Loan. If Lender does not receive an Interest Rate Selection Notice a notice of election for a Loan pursuant to this Section 2.04(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Rate Daily Reset Loan.
(fb) Borrower may not have outstanding and Lender shall not be obligated to make more than six eight (6) 8) LIBOR Loans at any one time.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Laclede Gas Co), Revolving Credit Agreement (Laclede Group Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period commencement date and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be (i) with respect to a Revolving Credit Loan, as specified in the applicable Notice of BorrowingBorrowing for such Revolving Credit Loan, and (ii) with respect to any portion of the Term Loan, as specified by Borrower in an irrevocable notice to Agent given by 11:00 a.m. (St. Louis time) at least two (2) Eurodollar Business Days before any such conversion to the LIBOR Rate. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan Loan, and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (ix) in the case of any Base Rate Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and thereto or (iiy) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 11:00 a.m. (St. Louis time) on the Business Day day of, in the case of the election of the Adjusted Base Rate, and by 10:00 11:00 a.m. (St. Louis time) at least three two (32) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Banks under Section 6 of this Agreement11 hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan into a LIBOR Loan. By 12:00 noon (St. Louis time) on the date of receipt of each such notice of conversion or continuation of a Loan from Borrower, Agent shall notify each Bank of the contents thereof and of such Bank's ratable share of such Loan. A notice by Borrower under this Section 6.1(a) shall not be revocable by Borrower. All LIBOR Loans, whether by conversion or by an advance, shall be in a principal amount of at least $2,500,000.00 or multiples of $250,000.00 in excess thereof. All Loans which bear interest at a particular LIBOR Rate for a particular Interest Period shall constitute a single LIBOR Loan. Borrower may not have outstanding and Banks shall not be obligated to make more than five (5) LIBOR Loans at any one time.
(b) If Lender the Agent does not receive an a notice of election for the continuation of a LIBOR Loan for a subsequent Interest Rate Selection Notice Period pursuant to subsection (a) above within the applicable time limits specified hereintherein, Borrower shall be deemed to have elected to pay convert such LIBOR Loan in whole pursuant to Section 2.08 on the last day of the current Interest Period with respect thereto and to reborrow a Base Rate Loan in the principal amount of such expiring LIBOR Loan on such date as a Base Rate Loandate.
(fc) Notwithstanding the foregoing, the duration of each Interest Period shall be subject to the provisions of the definition of Interest Period.
(d) Borrower may not hereby authorizes the Agent to rely on telephonic, telegraphic, telecopy, telex or written instructions believed by the Agent in good faith to have outstanding been sent or delivered by any person identifying himself or herself as R. Gene Xxxx, Xxb X. Xxxxxxxx xx Davix Xxxx (xx any other person from time to time authorized to act on behalf of Borrower pursuant to a resolution adopted by the Board of Directors of Borrower and Lender shall not be obligated certified by the Secretary of Borrower and delivered to make more than six (6the Agent) LIBOR Loans at with respect to any one time.request to make
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Doane Products Co), Revolving Credit and Term Loan Agreement (Doane Products Co)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) option, in the case of any Base Rate Prime Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Prime Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) Agent by 10:00 a.m. (St. Louis time) 1:00 p.m. on the Domestic Business Day of, in the case of the election of the Adjusted Base Prime Rate, and by 10:00 11:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender Agent and Banks under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Prime Loan into a LIBOR Loan. ; provided, further, however, that the number of outstanding Borrowings of LIBOR Loans with different Interest Periods shall not at any time exceed 15.
(b) If Lender Agent does not receive an Interest Rate Selection Notice a notice of election for any LIBOR Loan pursuant to this Section 2.4(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on Agent may at the last day end of the current Interest Period with respect thereto and thereof convert such LIBOR Loan to reborrow the principal amount of such Loan on such date as a Base Rate Prime Loan.
(fc) Borrower may not have outstanding and Lender [Intentionally Omitted].
(d) Notwithstanding the foregoing, the duration of each Interest Period shall not be obligated subject to make more than six (6) LIBOR Loans at any one timethe provisions of the definition of Interest Period.
Appears in 1 contract
Samples: Credit Agreement (Shoe Carnival Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each Revolving Credit LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower The Company shall elect the duration of each subsequent Interest Period applicable to such Revolving Credit LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower the Company shall have the option (i) in the case of any Base Rate Revolving Credit Prime Loan, to elect that such Revolving Credit Loan become a Revolving Credit LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any Revolving Credit LIBOR Loan, to elect that such Revolving Credit Loan become a Base Rate Revolving Credit Prime Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. 2:00 p.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Prime Rate, and by 10:00 a.m. 2:00 p.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower the Company shall not be permitted to renew any Revolving Credit LIBOR Loan as a Revolving Credit LIBOR Loan or to convert any Base Rate Revolving Credit Prime Loan into a Revolving Credit LIBOR Loan. If Lender does not receive an Interest Rate Selection Notice a notice of election for a Revolving Credit Loan pursuant to this Section 2.06(a) within the applicable time limits specified herein, Borrower the Company shall be deemed to have elected to pay such Revolving Credit Loan in whole pursuant to Section 2.08 2.11 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Revolving Credit Loan on such date as a Base Rate Revolving Credit Prime Loan.
(fb) Borrower The Term Loan shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Adjusted Prime Rate. So long as no Default or Event of Default under this Agreement has occurred and is continuing, XxXxxxx Properties may from time to time fix the interest rate on all or any portion of the Term Loan in an amount not less than $500,000.00 or any larger multiple of $100,000.00 at the LIBOR Rate for the Interest Period selected by XxXxxxx Properties (subject to the definition of Interest Period). If XxXxxxx Properties elects to have any portion of the Term Loan bear interest at the LIBOR Rate, XxXxxxx Properties shall give oral or written notice (an "Interest Rate Selection Notice") to Lender by 2:00 p.m. (St. Louis time) at least three (3) Eurodollar Business Days before any date (which must be a Eurodollar Business Day) upon which XxXxxxx Properties desires to fix the interest rate on any portion of the Term Loan, which Interest Rate Selection Notice shall specify the portion of the Term Loan which is to bear interest at the LIBOR Rate and the initial Interest Period applicable thereto. XxXxxxx Properties may not revoke or rescind any Interest Rate Selection Notice. Unless XxXxxxx Properties shall have otherwise notified Lender in accordance with this Section 2.06(b), upon the expiration of any Interest Period, the applicable Term LIBOR Loan shall automatically convert to a Term Prime Loan upon the expiration of such Interest Period.
(c) The Company and XxXxxxx Properties, on a combined basis, may not have outstanding and Lender shall not be obligated to make more than six (6) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Labarge Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) option, in the case of any Base Rate Prime Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (iii) in the case of any LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Prime Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) Agent by 10:00 a.m. (St. Louis time) 1:00 p.m. on the Domestic Business Day of, in the case of the election of the Adjusted Base Prime Rate, and by 10:00 11:00 a.m. (St. Louis time) at least three (3) LIBOR Banking EurodollarEurocurrency Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender Agent and Banks under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Prime Loan into a LIBOR Loan. ; provided, further, however, that the number of outstanding Borrowings of LIBOR Loans with different Interest Periods shall not at any time exceed 15.
(b) If Lender Agent does not receive an Interest Rate Selection Notice a notice of election for any LIBOR Loan pursuant to this Section 2.4(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on Agent may at the last day end of the current Interest Period with respect thereto and thereof convert such LIBOR Loan to reborrow the principal amount of such Loan on such date as a Base Rate Prime Loan.
(fc) Borrower may not have outstanding and Lender [Intentionally Omitted].
(d) Notwithstanding the foregoing, the duration of each Interest Period shall not be obligated subject to make more than six (6) LIBOR Loans at any one timethe provisions of the definition of Interest Period.
Appears in 1 contract
Samples: Credit Agreement (Shoe Carnival Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period commencement date and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan Loan, and the interest rate to be applicable during such subsequent Interest Period (and and, Borrower shall have the option (ix) in the case of any Base Rate Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and thereto or (iiy) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 11:00 a.m. (St. Louis New Orleans time) on the Business Day day of, in the case of the election of the Adjusted Base Rate, and by 10:00 11:00 a.m. (St. Louis New Orleans time) at least three (3) LIBOR Banking Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Banks under Section 6 of this Agreement9 hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan into a LIBOR Loan. By 1:00 p.m. (New Orleans time) on the date of receipt of each such notice of conversion or continuation of a Loan from Borrower, Agent shall notify each Bank of the contents thereof and of such Bank's ratable share of such Loan. A notice by Borrower under this Section 5.1(a) shall not be revocable by Borrower. All LIBOR Loans, whether by conversion or by an advance, shall be in a principal amount of at least $5,000,000.00 or multiples of $500,000.00 in excess thereof. All Loans which bear interest at a particular LIBOR Rate for a particular Interest Period shall constitute a single LIBOR Loan.
(b) If Lender the Agent does not receive an a notice of election for the continuation of a LIBOR Loan for a subsequent Interest Rate Selection Notice Period pursuant to subsection (a) above within the applicable time limits specified hereintherein, Borrower shall be deemed to have elected to pay convert such LIBOR Loan in whole pursuant to Section 2.08 on the last day of the current Interest Period with respect thereto and to reborrow a Base Rate Loan in the principal amount of such expiring LIBOR Loan on such date as a Base Rate Loandate.
(fc) Notwithstanding the foregoing, the duration of each Interest Period shall be subject to the provisions of the definition of Interest Period.
(x) Xxxxxxxx hereby authorizes the Agent to rely on telephonic, telegraphic, telecopy, telex or written instructions believed by the Agent in good faith to have been sent or delivered by any person identifying himself or herself as Xxxx Xxxx XXX, Xxxxx X. Xxxxxx or Xxxx X. Xxxxx XX (or any other person from time to time authorized to act on behalf of Borrower may not have outstanding pursuant to a resolution adopted by the Board of Directors of Borrower and Lender shall not be obligated certified by the Secretary of Xxxxxxxx and delivered to the Agent) with respect to any request to make more than six a Loan or a repayment hereunder, or to convert any Base Rate Loan or LIBOR Loan to any other type of Loan available hereunder, and on any signature which the Agent in good faith believes to be genuine. Borrower shall be bound thereby in the same manner as if such person was actually authorized or such signature was genuine. Xxxxxxxx also hereby agrees to indemnify the Agent and each of the Banks and to hold the Agent and each of the Banks harmless from and against any and all claims, demands, damages, liabilities, losses, costs and expenses (6including, without limitation, reasonable attorneys' fees and expenses) LIBOR relating to or arising out of or in connection with the acceptance of instructions for making or converting Loans at any one timeor making repayments hereunder.
Appears in 1 contract
Samples: Revolving Credit Agreement (Halter Marine Group Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each Revolving Credit LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower Any of the Borrowers shall elect the duration of each subsequent Interest Period applicable to such Revolving Credit LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower Borrowers shall have the option (i) in the case of any Base Rate Revolving Credit Prime Loan, to elect that such Revolving Credit Loan become a Revolving Credit LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any Revolving Credit LIBOR Loan, to elect that such Revolving Credit Loan become a Base Rate Revolving Credit Prime Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Prime Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding then current Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower Borrowers shall not be permitted to renew any Revolving Credit LIBOR Loan as a Revolving Credit LIBOR Loan or to convert any Base Rate Revolving Credit Prime Loan into a Revolving Credit LIBOR Loan. If Lender does not receive an Interest Rate Selection Notice a notice of election for a Revolving Credit LIBOR Loan pursuant to this Section 2.05(a) within the applicable time limits specified herein, Borrower Borrowers shall be deemed to have elected to pay such Revolving Credit LIBOR Loan in whole pursuant to Section 2.08 2.10 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Revolving Credit LIBOR Loan on such date as a Base Rate Revolving Credit Prime Loan.
(fb) Borrower Borrowers may not have outstanding and Lender shall not be obligated to make more than six five (65) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Amrep Corp)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each Revolving Credit LIBOR Loan shall be as specified in the applicable Notice of Revolving Credit Borrowing. Borrower The Company shall elect the duration of each subsequent Interest Period applicable to such Revolving Credit LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower the Company shall have the option (i) in the case of any Revolving Credit Base Rate Loan, to elect that such Revolving Credit Loan become a Revolving Credit LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any Revolving Credit LIBOR Loan, to elect that such Revolving Credit Loan become a Revolving Credit Base Rate Loan), by giving oral or written notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 a.m. 12:00 noon (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 a.m. 12:00 noon (St. Louis time) at least three two (32) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Lenders under Section 6 of this Agreementhereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower the Company shall not be permitted to renew any Revolving Credit LIBOR Loan as a Revolving Credit LIBOR Loan or to convert any Revolving Credit Base Rate Loan into a Revolving Credit LIBOR Loan. Upon receipt of any such notice given by Borrower to the Agent under this Section 2.06(a), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such notice (which must be a Business Day) of the contents thereof. If Lender the Agent does not receive an Interest Rate Selection Notice a notice of election for a Revolving Credit Loan pursuant to this Section 2.06(a) within the applicable time limits specified herein, Borrower the Company shall be deemed to have elected to pay such Revolving Credit Loan in whole pursuant to Section 2.08 2.11 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Revolving Credit Loan on such date as a Revolving Credit Base Rate Loan.
(fb) Borrower The Term Loan shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Adjusted Base Rate. XxXxxxx Electronics may from time to time fix the interest rate on all or any portion of the Term Loan in an amount not less than $500,000.00 or any larger multiple of $250,000.00 at the LIBOR Rate for the Interest Period selected by XxXxxxx Electronics (subject to the definition of Interest Period); provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of the Agent and the Lenders under Section 6 hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, XxXxxxx Electronics shall not be permitted to fix the interest rate on all or any portion of the Term Loan at the LIBOR Rate. If XxXxxxx Electronics elects to have any portion of the Term Loan bear interest at the LIBOR Rate, XxXxxxx Electronics shall give oral or written notice (an "Interest Rate Selection Notice") to the Agent by 12:00 noon (St. Louis time) at least two (2) Eurodollar Business Days before any date (which must be a Eurodollar Business Day) upon which XxXxxxx Electronics desires to fix the interest rate on any portion of the Term Loan, which Interest Rate Selection Notice shall specify the portion of the Term Loan which is to bear interest at the LIBOR Rate and the initial Interest Period applicable thereto. XxXxxxx Electronics may not revoke or rescind any Interest Rate Selection Notice. Upon receipt of any such Interest Rate Selection Notice given by XxXxxxx Electronics to the Agent under this Section 2.06(b), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such Interest Rate Selection Notice (which must be a Business Day) of the contents thereof. Unless XxXxxxx Electronics shall have otherwise notified the Agent in accordance with this Section 2.06(b), upon the expiration of any Interest Period, that portion of the Term Loan bearing interest at the LIBOR Rate during such Interest Period shall bear interest at the Adjusted Base Rate from and after the expiration of such Interest Period.
(c) The Company and XxXxxxx Electronics, collectively, may not have outstanding and Lender the Lenders shall not be obligated to make more than six ten (610) LIBOR Loans at any one time.”
37. Section 2.07(e) of the Loan Agreement is hereby deleted in its entirety and the following substituted in lieu thereof:
Appears in 1 contract
Samples: Loan Agreement (Labarge Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Prime Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Prime Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Prime Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Prime Loan into a LIBOR Loan. If Lender does not receive an Interest Rate Selection Notice a notice of election for a Loan pursuant to this Section 2.04(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Rate Prime Loan.
(fb) Borrower may not have outstanding and Lender shall not be obligated to make more than six eight (6) 8) LIBOR Loans at any one time.
Appears in 1 contract
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing; provided, all LIBOR Loans comprising a single borrowing must at all times have the same Interest Period. The Borrower shall may elect to continue each such LIBOR Loan by selecting the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and the Borrower shall have the option (i) in the case of any Base Rate Loan, to elect that such Base Rate Loan become be converted into a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such LIBOR Loan become be converted into a Base Rate Loan), in each case by giving written notice of such election to Lender the Administrative Agent (an each a “Interest Rate Selection NoticeNotice of Election”) substantially the form of Exhibit B-2 by 10:00 11:00 a.m. (St. Louis time) New York time on the Business Day ofof the end of the immediately preceding Interest Period applicable thereto, in the case of the election of the Adjusted Base Rate, and by 10:00 11:00 a.m. (St. Louis time) New York time at least three (3) LIBOR Banking Business Days beforebefore the end of the immediately preceding Interest Period applicable thereto, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Administrative Agent and the Banks under Section 6 7 hereof, (A) any such election that LIBOR Loans be converted into Base Rate Loans shall involve an aggregate principal amount of this Agreementnot less than $500,000; any such election that Base Rate Loans be converted into, or any continuation of, LIBOR Loans shall involve an aggregate principal amount of not less than $2,500,000; and no partial conversion of LIBOR Loans made pursuant to a single borrowing shall reduce the outstanding principal amount of such LIBOR Loans to less than $2,500,000, (B) except as otherwise provided in Section 2.12, LIBOR Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto (and, in any event, if a LIBOR Loan is converted into a Base Rate Loan on any day other than the last day of the Interest Period applicable thereto, the Borrower will pay, upon such conversion, all amounts required under Section 2.10 to be paid as a consequence thereof), and (C) so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew continue any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan into a LIBOR Loan.
(b) Each Notice of Election shall specify (i) the date of such election (which shall be a Business Day), (ii) in the case of an election that a Base Rate Loan be converted into a LIBOR Loan, or a continuation of, LIBOR Loans, the Interest Period to be applicable thereto, and (iii) the aggregate amount and Type of the Loans being converted or continued. Upon receipt of a Notice of Election by the Borrower to the Administrative Agent under this Section 2.04, the Administrative Agent shall notify each Bank by 12:00 p.m. New York time on the date of receipt of such notice (which must be a Business Day) of the contents thereof. If Lender the Administrative Agent does not receive an Interest Rate Selection a Notice within the applicable time limits of Election for a Loan pursuant to this Section 2.04(b) as specified herein, with respect to any outstanding LIBOR Loans, such LIBOR Loans shall automatically be converted into Base Rate Loans upon the expiration of the current Interest Period applicable thereto (unless repaid pursuant to the terms hereof). In the event the Borrower shall have failed to select in a Notice of Election the duration of the Interest Period to be applicable to any conversion into, or continuation of, LIBOR Loans, then the Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 on the last day of the current selected an Interest Period with respect thereto and to reborrow the principal amount a duration of such Loan on such date as a Base Rate Loanone month.
(fc) Borrower may not have outstanding and Lender shall not be obligated to make more than six eight (6) 8) LIBOR Loans Loan Interest Periods at any one time.
Appears in 1 contract
Samples: Loan Agreement (Spire Missouri Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Floating Rate Loan, to elect that such Floating Rate Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such LIBOR Loan become a Base Floating Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 a.m. (St. Louis time) on the Domestic Business Day of, in the case of the election of the Adjusted Base Floating Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Banks under Section 6 of this Agreementhereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Floating Rate Loan into a LIBOR Loan. Upon receipt of any such notice given by Borrower to the Agent under this Section 2.04, the Agent shall notify each Bank by 11:00 a.m. (St. Louis time) on the date of receipt of such notice (which must be a Domestic Business Day) of the contents thereof. If Lender the Agent does not receive an Interest Rate Selection Notice a notice of election for a Loan pursuant to this Section 2.04(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 2.09 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Floating Rate Loan.
(fb) Borrower may not have outstanding and Lender the Banks shall not be obligated to make more than six ten (610) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Laclede Gas Co)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Floating Rate Loan, to elect that such Floating Rate Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such LIBOR Loan become a Base Floating Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 a.m. (St. Louis time) on the Domestic Business Day of, in the case of the election of the Adjusted Base Floating Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Banks under Section 6 of this Agreementhereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Floating Rate Loan into a LIBOR Loan. Upon receipt of any such notice given by Borrower to the Agent under this Section 2.04, the Agent shall notify each Bank by 11:00 a.m. (St. Louis time) on the date of receipt of such notice (which must be a Domestic Business Day) of the contents thereof. If Lender the Agent does not receive an Interest Rate Selection Notice a notice of election for a Loan pursuant to this Section 2.04(a) within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 2.09 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Floating Rate Loan.
(fb) Borrower may not have outstanding and Lender the Banks shall not be obligated to make more than six eight (6) 8) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Laclede Gas Co)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each Revolving Credit LIBOR Loan shall be as specified in the applicable Notice of Revolving Credit Borrowing. Borrower The Company shall elect the duration of each subsequent Interest Period applicable to such Revolving Credit LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower the Company shall have the option (i) in the case of any Revolving Credit Base Rate Loan, to elect that such Revolving Credit Loan become a Revolving Credit LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any Revolving Credit LIBOR Loan, to elect that such Revolving Credit Loan become a Revolving Credit Base Rate Loan), by giving oral or written notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 a.m. 12:00 noon (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 a.m. 12:00 noon (St. Louis time) at least three two (32) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Lenders under Section 6 of this Agreementhereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower the Company shall not be permitted to renew continue any Revolving Credit LIBOR Loan as a Revolving Credit LIBOR Loan or to convert any Revolving Credit Base Rate Loan into a Revolving Credit LIBOR Loan. Upon receipt of any such notice given by Borrower to the Agent under this Section 2.08(a), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such notice (which must be a Business Day) of the contents thereof. If Lender the Agent does not receive an Interest Rate Selection Notice a notice of election for a Revolving Credit Loan pursuant to this Section 2.08(a) within the applicable time limits specified herein, Borrower the Company shall be deemed to have elected to pay such Revolving Credit Loan in whole pursuant to Section 2.08 2.13 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Revolving Credit Loan on such date as a Revolving Credit Base Rate Loan.
(fb) Borrower The XxXxxxx Electronics Term Loan shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Adjusted Base Rate. XxXxxxx Electronics may from time to time fix the interest rate on all or any portion of the XxXxxxx Electronics Term Loan in an amount not less than $500,000.00 or any larger multiple of $250,000.00 at the LIBOR Rate for the Interest Period selected by XxXxxxx Electronics (subject to the definition of Interest Period); provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of the Agent and the Lenders under Section 6 hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, XxXxxxx Electronics shall not be permitted to fix the interest rate on all or any portion of the XxXxxxx Electronics Term Loan at the LIBOR Rate. If XxXxxxx Electronics elects to have any portion of the XxXxxxx Electronics Term Loan bear interest at the LIBOR Rate, XxXxxxx Electronics shall give oral or written notice (a “XxXxxxx Electronics Interest Rate Selection Notice”) to the Agent by 12:00 noon (St. Louis time) at least two (2) Eurodollar Business Days before any date (which must be a Eurodollar Business Day) upon which XxXxxxx Electronics desires to fix the interest rate on any portion of the XxXxxxx Electronics Term Loan, which XxXxxxx Electronics Interest Rate Selection Notice shall specify the portion of the XxXxxxx Electronics Term Loan which is to bear interest at the LIBOR Rate and the initial Interest Period applicable thereto. XxXxxxx Electronics may not revoke or rescind any XxXxxxx Electronics Interest Rate Selection Notice. Upon receipt of any such XxXxxxx Electronics Interest Rate Selection Notice given by XxXxxxx Electronics to the Agent under this Section 2.08(b), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such XxXxxxx Electronics Interest Rate Selection Notice (which must be a Business Day) of the contents thereof. Unless XxXxxxx Electronics shall have otherwise notified the Agent in accordance with this Section 2.08(b), upon the expiration of any Interest Period, that portion of the XxXxxxx Electronics Term Loan bearing interest at the LIBOR Rate during such Interest Period shall bear interest at the Adjusted Base Rate from and after the expiration of such Interest Period.
(c) The XxXxxxx Acquisition Term Loan shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Adjusted Base Rate. XxXxxxx Acquisition may from time to time fix the interest rate on all or any portion of the XxXxxxx Acquisition Term Loan in an amount not less than $500,000.00 or any larger multiple of $250,000.00 at the LIBOR Rate for the Interest Period selected by XxXxxxx Acquisition (subject to the definition of Interest Period); provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of the Agent and the Lenders under Section 6 hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, XxXxxxx Acquisition shall not be permitted to fix the interest rate on all or any portion of the XxXxxxx Acquisition Term Loan at the LIBOR Rate. If XxXxxxx Acquisition elects to have any portion of the XxXxxxx Acquisition Term Loan bear interest at the LIBOR Rate, XxXxxxx Acquisition shall give oral or written notice (a “XxXxxxx Acquisition Interest Rate Selection Notice”) to the Agent by 12:00 noon (St. Louis time) at least two (2) Eurodollar Business Days before any date (which must be a Eurodollar Business Day) upon which XxXxxxx Acquisition desires to fix the interest rate on any portion of the XxXxxxx Acquisition Term Loan, which XxXxxxx Acquisition Interest Rate Selection Notice shall specify the portion of the XxXxxxx Acquisition Term Loan which is to bear interest at the LIBOR Rate and the initial Interest Period applicable thereto. XxXxxxx Acquisition may not revoke or rescind any XxXxxxx Acquisition Interest Rate Selection Notice. Upon receipt of any such XxXxxxx Acquisition Interest Rate Selection Notice given by XxXxxxx Acquisition to the Agent under this Section 2.08(c), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such XxXxxxx Acquisition Interest Rate Selection Notice (which must be a Business Day) of the contents thereof. Unless XxXxxxx Acquisition shall have otherwise notified the Agent in accordance with this Section 2.08(c), upon the expiration of any Interest Period, that portion of the XxXxxxx Acquisition Term Loan bearing interest at the LIBOR Rate during such Interest Period shall bear interest at the Adjusted Base Rate from and after the expiration of such Interest Period.
(d) The Company, XxXxxxx Electronics and XxXxxxx Acquisition, collectively, may not have outstanding and Lender the Lenders shall not be obligated to make more than six ten (610) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Labarge Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal bear interest on the Loan unless the sum of (A) the aggregate outstanding principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option thereof: (i) based on the Prime Rate on all or any portion of the Loan in the case an amount not less than $50,000.00 or any larger multiple of any Base Rate Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and $10,000.00; or (ii) in the case of any LIBOR Loan, to elect provided that such Loan become a Base Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 a.m. (St. Louis time) at least three (3) LIBOR Banking Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender under Section 6 of this Agreement, so long as any no Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall may from time to time fix the interest rate on all or any portion of the Loan in an amount not be permitted less than $2,500,000.00 or any larger multiple of $500,000.00 based on LIBOR Rate for the Interest Period selected by Borrower (subject to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan into a LIBOR Loanthe definition of Interest Period). If Borrower elects to have any portion of the Loan bear interest based on the LIBOR Rate, Borrower shall give oral or written notice (an "Interest Rate Selection Notice") to Lender does not receive an by 10:00 am (St., Louis time) at least three (3) Eurodollar Business Days before any date (which must be a Eurodollar Business Day) upon which Borrower desires to fix the interest rate on any portion of the Loan, which Interest Rate Selection Notice within shall specify the portion of the Loan that is to bear interest based on the LIBOR Rate and the Initial Interest Period applicable time limits specified herein, thereto. Borrower may not revoke or rescind any Interest Rate Selection Notice. Unless Borrower shall be deemed to have elected to pay such otherwise notified Lender in accordance with this Section 2.02(a), upon the expiration of any Interest Period, that portion of the Loan in whole pursuant to Section 2.08 bearing interest based on the last day of the current LIBOR Rate during such Interest Period with respect thereto shall bear interest based on the Prime Rate from and to reborrow after the principal amount expiration of such Loan Interest Period. The individuals listed on such date as a Base Schedule 2.02 are authorized to act on behalf of Borrower to give any Interest Rate LoanSelection Notice.
(fb) Borrower may not have outstanding and Lender shall not be obligated to make more than six eight (6) 8) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Laclede Gas Co)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each Revolving Credit LIBOR Loan shall be as specified in the applicable Notice of Revolving Credit Borrowing. Borrower The Company shall elect the duration of each subsequent Interest Period applicable to such Revolving Credit LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower the Company shall have the option (i) in the case of any Revolving Credit Base Rate Loan, to elect that such Revolving Credit Loan become a Revolving Credit LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any Revolving Credit LIBOR Loan, to elect that such Revolving Credit Loan become a Revolving Credit Base Rate Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) the Agent by 10:00 a.m. 12:00 noon (St. Louis time) on the Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 a.m. 12:00 noon (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Lenders under Section 6 of this Agreementhereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower the Company shall not be permitted to renew any Revolving Credit LIBOR Loan as a Revolving Credit LIBOR Loan or to convert any Revolving Credit Base Rate Loan into a Revolving Credit LIBOR Loan. Upon receipt of any such notice given by Borrower to the Agent under this Section 2.06(a), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such notice (which must be a Business Day) of the contents thereof. If Lender the Agent does not receive an Interest Rate Selection Notice a notice of election for a Revolving Credit Loan pursuant to this Section 2.06(a) within the applicable time limits specified herein, Borrower the Company shall be deemed to have elected to pay such Revolving Credit Loan in whole pursuant to Section 2.08 2.11 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Revolving Credit Loan on such date as a Revolving Credit Base Rate Loan.
(fb) Borrower The Term Loan shall bear interest on the outstanding principal amount thereof at a rate per annum equal to the Adjusted Base Rate. XxXxxxx Electronics may from time to time fix the interest rate on all or any portion of the Term Loan in an amount not less than $1,000,000.00 or any larger multiple of $250,000.00 at the LIBOR Rate for the Interest Period selected by XxXxxxx Electronics (subject to the definition of Interest Period); provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of the Agent and the Lenders under Section 6 hereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, XxXxxxx Electronics shall not be permitted to fix the interest rate on all or any portion of the Term Loan at the LIBOR Rate. If XxXxxxx Electronics elects to have any portion of the Term Loan bear interest at the LIBOR Rate, XxXxxxx Electronics shall give oral or written notice (an "Interest Rate Selection Notice") to the Agent by 12:00 noon (St. Louis time) at least three (3) Eurodollar Business Days before any date (which must be a Eurodollar Business Day) upon which XxXxxxx Electronics desires to fix the interest rate on any portion of the Term Loan, which Interest Rate Selection Notice shall specify the portion of the Term Loan which is to bear interest at the LIBOR Rate and the initial Interest Period applicable thereto. XxXxxxx Electronics may not revoke or rescind any Interest Rate Selection Notice. Upon receipt of any such Interest Rate Selection Notice given by XxXxxxx Electronics to the Agent under this Section 2.06(b), the Agent shall notify each Lender by 1:00 p.m. (St. Louis time) on the date of receipt of such Interest Rate Selection Notice (which must be a Business Day) of the contents thereof. Unless XxXxxxx Electronics shall have otherwise notified the Agent in accordance with this Section 2.06(b), upon the expiration of any Interest Period, that portion of the Term Loan bearing interest at the LIBOR Rate during such Interest Period shall bear interest at the Adjusted Base Rate from and after the expiration of such Interest Period.
(c) The Company and XxXxxxx Electronics, collectively, may not have outstanding and Lender the Lenders shall not be obligated to make more than six (6) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Labarge Inc)
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each LIBOR Loan shall be as specified in the applicable Notice of Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Prime Loan, to elect that such Loan become a LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any LIBOR Loan, to elect that such Loan become a Base Rate Prime Loan), by giving notice of such election to Lender (an “Interest Rate Selection Notice”) Bank by 10:00 11:30 a.m. (St. Louis time) on the Domestic Business Day of, in the case of the election of the Adjusted Base Prime Rate, and by 10:00 11:30 a.m. (St. Louis time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender Bank under Section 6 of this Agreement, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any LIBOR Loan as a LIBOR Loan or to convert any Base Rate Loan Prime into a LIBOR Loan. .
(b) If Lender Bank does not receive an Interest Rate Selection Notice a notice of election for a Loan pursuant to Section 2.05(a) above within the applicable time limits specified hereintherein, Borrower shall be deemed to have elected to pay such Loan in whole pursuant to Section 2.08 2.11 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Loan on such date as a Base Rate Prime Loan.
(fc) Borrower may not have outstanding and Lender Bank shall not be obligated to make more than six (6) LIBOR Loans at any one time.
Appears in 1 contract
Duration of Interest Periods and Selection of Interest Rates. (a) The Interest Period during which the LIBOR Rate will be in effect for a LIBOR Loan will be one week or one, two, three, or six months.
(b) The first day of the Interest Period must be a LIBOR Banking Day. The last day of the Interest Period and the actual number of days during the Interest Period will be determined by Lender using the practices of the London inter-bank market.
(c) No Interest Period shall extend beyond a date on which Borrower is required to make a scheduled payment of principal on the Loan unless the sum of (A) the aggregate principal amount of outstanding Base Rate Loans plus (B) the aggregate principal amount of outstanding LIBOR Loans with Interest Periods expiring on or before the date such scheduled principal payment is due equals or exceeds the aggregate principal amount to be paid on the Loan on such principal payment date.
(d) No Interest Period may extend beyond the Revolving Credit Period.
(e) The duration of the initial Interest Period for each Revolving Credit LIBOR Loan shall be as specified in the applicable Notice of Revolving Credit Borrowing. Borrower shall elect the duration of each subsequent Interest Period applicable to such Revolving Credit LIBOR Loan and the interest rate to be applicable during such subsequent Interest Period (and Borrower shall have the option (i) in the case of any Base Rate Revolving Credit ABR Loan, to elect that such Revolving Credit Loan become a Revolving Credit LIBOR Loan and the Interest Period to be applicable thereto, and (ii) in the case of any Revolving Credit LIBOR Loan, to elect that such Revolving Credit LIBOR Loan become a Base Rate Revolving Credit ABR Loan), by giving notice of such election to Lender the Agent by 12:00 noon (an “Interest Rate Selection Notice”) by 10:00 a.m. (St. Louis Salt Lake City time) on the Domestic Business Day of, in the case of the election of the Adjusted Base Rate, and by 10:00 a.m. 12:00 noon (St. Louis Salt Lake City time) at least three (3) LIBOR Banking Eurodollar Business Days before, in the case of the election of the LIBOR Rate, the end of the immediately preceding Interest Period applicable thereto, if any; provided, however, that notwithstanding the foregoing, in addition to and without limiting the rights and remedies of Lender the Agent and the Lenders under Section 6 of this Agreementhereof, so long as any Default or Event of Default under this Agreement has occurred and is continuing, Borrower shall not be permitted to renew any Revolving Credit LIBOR Loan as a Revolving Credit LIBOR Loan or to convert any Base Rate Revolving Credit ABR Loan into a Revolving Credit LIBOR Loan. Upon receipt of any such notice given by Borrower to the Agent under this Section 2.09, the Agent shall notify each Lender by 1:00 p.m. (Salt Lake City time) on the date of receipt of such notice (which must be a Domestic Business Day) of the contents thereof. If Lender the Agent does not receive an Interest Rate Selection Notice a notice of election for a Revolving Credit LIBOR Loan pursuant to this Section 2.09 within the applicable time limits specified herein, Borrower shall be deemed to have elected to pay such Revolving Credit LIBOR Loan in whole pursuant to Section 2.08 2.14 on the last day of the current Interest Period with respect thereto and to reborrow the principal amount of such Revolving Credit LIBOR Loan on such date as a Base Rate Revolving Credit ABR Loan.
(f) Borrower may not have outstanding and Lender shall not be obligated to make more than six (6) LIBOR Loans at any one time.
Appears in 1 contract
Samples: Loan Agreement (Schiff Nutrition International, Inc.)