Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers shall have the option to elect a subsequent Interest Period to be applicable to such Loan by the Company's giving notice of such election to the Agent received no later than 10:00 a.m. Boston time on the Business Day on which the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan and three Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar Loan. (b) If the Agent does not receive a notice of election of duration of an Interest Period for a Eurodollar Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a Default exists, the Borrowers shall be deemed to have elected to convert such Loan in whole into a Base Rate Loan on the last day of the then current Interest Period with respect thereto. (c) Notwithstanding the foregoing, the Borrowers may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 2 contracts
Samples: Credit Agreement (Brookstone Inc), Credit Agreement (Brookstone Inc)
Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Eurodollar Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers Borrower shall have the option to elect a subsequent Interest Period to be applicable to such Loan by the Company's giving notice of such election to the Agent Lender received no later than 10:00 a.m. Boston 12:00 p.m. Boston, Massachusetts time on the Business Day on which the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan and three date 3 Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar Loan.
(b) If the Agent Lender does not receive a notice of election of duration of an Interest Period for a Eurodollar Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a Default or an Event of Default exists, the Borrowers Borrower shall be deemed to have elected to convert such Loan in whole into a Base Rate Loan on the last day of the then current Interest Period with respect thereto.
(c) Notwithstanding the foregoing, the Borrowers Borrower may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Maturity Date or the Term Loan Maturity Date, as the case may be.
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.), Revolving Credit and Term Loan Agreement (Open Link Financial, Inc.)
Duration of Interest Periods. (a) Subject to the provisions of the ---------------------------- definition of Interest Period, the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers Company shall have the option to elect a subsequent Interest Period to be applicable to such Loan by the Company's giving notice of such election to the Agent Bank received no later than 10:00 a.m. Boston time on the date one Business Day on which the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan and three Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to an Alternate Base Rate Loan and three Business Days before the end of the then applicable Interest Period is such Loan is to be continued as or converted to a Eurodollar LIBOR Loan.
(b) If the Agent Bank does not receive a notice of election of duration of an Interest Period for a Eurodollar LIBOR Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a Default exists, the Borrowers Company shall be deemed to have elected to convert such Loan in whole into a an Alternate Base Rate Loan on the last day of the then current Interest Period with respect thereto.
(c) Notwithstanding the foregoing, the Borrowers Company may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Tier Technologies Inc), Revolving Credit Agreement (Tier Technologies Inc)
Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers shall have the option to elect a subsequent Interest Period to be applicable to such Loan by the Company's giving notice of such election to the Agent received no later than 10:00 a.m. Boston time on the Business Day on which the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan and three Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar LIBOR Loan.
(b) If the Agent does not receive a notice of election of duration of an Interest Period for a Eurodollar LIBOR Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a Default exists, the Borrowers shall be deemed to have elected to convert such Loan in whole into a Base Rate Loan on the last day of the then current Interest Period with respect thereto.
(c) Notwithstanding the foregoing, the Borrowers may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 1 contract
Samples: Credit Agreement (Brookstone Inc)
Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers Company shall have the option to elect a subsequent Interest Period to be applicable to such any Eurodollar Loan by the Company's giving notice of such election to the Agent Bank received no later than 10:00 a.m. Boston time (Boston, Massachusetts time) (i) on the date one Business Day on which before the end of the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan Loan, and (ii) three Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar Loan.
(b) If the Agent Bank does not receive a notice Notice of election of duration of an Interest Period for a Borrowing or Conversion with respect to any maturing Eurodollar Loan pursuant to subsection (a) above within the applicable time limits specified thereinin subsection (a) above, or if, if a Default exists when such notice must be given, a Default exists, the Borrowers Company shall be deemed to have elected to convert such Loan in whole into a Base Rate Loan on the last day of the then current Interest Period with respect theretoPeriod.
(c) Notwithstanding the foregoing, the Borrowers Company may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (Essex County Gas Company)
Duration of Interest Periods. (a) Subject to the provisions definition of the definition of term "Interest Period", the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers Borrower shall have the option to elect a subsequent Interest Period to be applicable to such Loan an advance by the Company's giving notice of such election to in the Agent form of EXHIBIT B, annexed hereto received no later than 10:00 a.m. Boston time on the One (1) Business Day on which before the end of the then applicable Interest Period ends Period, if such Loan is to be continued as or converted to a Base Floating Rate Loan Loan, and three Two (2) Business Days before (and not counting) the end of the then applicable Interest Period if such Loan is to be continued as as, or converted to to, a Eurodollar Libor Rate Loan or a Cost of Funds Loan.
(b) If the Agent Bank does not receive a notice of election of duration of of, or conversion to, an Interest Period for a Eurodollar Libor Rate Loan or a Cost of Funds Rate Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a an Event of Default exists, the Borrowers Borrower shall be deemed to have elected to convert such Loan in whole into a Base Floating Rate Loan on the last day of the then current Interest Period with respect thereto.
(c) Notwithstanding the foregoing, the Borrowers may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 1 contract
Samples: Commercial Promissory Note and Loan Agreement (D M Management Co)
Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers Borrower shall have the option to elect a subsequent Interest Period to be applicable to such Loan by the Company's giving notice of such election to the Agent Bank received no later than 10:00 a.m. Boston time 1:00 p.m. (Boston, Massachusetts time) (i) on the date one Business Day on which before the end of the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan Loan, and (ii) three Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar Loan.
(b) If the Agent Bank does not receive a notice Notice of election of duration of an Interest Period for a Eurodollar Loan pursuant to subsection (a) above Borrowing or Conversion within the applicable time limits specified thereinin subsection (a) above, or if, when such notice must be given, a Default exists, the Borrowers Borrower shall be deemed to have elected to convert such Loan in whole into a Base Rate Loan on the last day of the then current Interest Period with respect theretoPeriod.
(c) Notwithstanding the foregoing, the Borrowers Borrower may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 1 contract
Samples: Revolving Credit Agreement (First Empire State Corp)
Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Loan shall be as specified in the applicable Notice of Borrowing or ConversionNotice. The Borrowers Borrower shall have the option to elect a subsequent Interest Period to be applicable to such Loan by the Company's giving notice of such election to the Agent Bank received no later than 10:00 a.m. Boston Hartford, Connecticut time on the date one (1) Business Day on which before to the end of the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Rate Loan and three (3) Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar Loan.
(b) If the Agent Bank does not receive a notice of election of duration of an Interest Period Notice for a Eurodollar Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a Default existsor Event of Default shall have occurred and be continuing, the Borrowers Borrower shall be deemed to have elected to convert such Loan in whole into a Base Rate Loan on the last day of the then current Interest Period with respect thereto.
(c) Notwithstanding the foregoing, the Borrowers Borrower may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date or the Maturity Date.
Appears in 1 contract
Duration of Interest Periods. (a) Subject to the provisions of the definition of Interest Period, the duration of each Interest Period applicable to a Libor Loan shall be as specified in the applicable Notice of Borrowing or Conversion. The Borrowers Borrower shall have the option to elect a subsequent Interest Period to be applicable to any such Loan by the Company's giving notice of such election to the Agent Lender received no later than 10:00 11:00 a.m. Boston time on the date which is the last Business Day on which of the then applicable Interest Period ends if such Loan is to be continued as or converted to a Base Prime Rate Loan Loan, and three Business Days before the end of the then applicable Interest Period if such Loan is to be continued as or converted to a Eurodollar Libor Loan.;
(b) If the Agent Lender does not receive a notice of election of duration of an Interest Period for a Eurodollar Libor Loan pursuant to subsection (a) above within the applicable time limits specified therein, or if, when such notice must be given, a Default or an Event of Default exists, the Borrowers Borrower shall be deemed to have elected to convert such Loan in whole into a Base Prime Rate Loan on the last day of the then current Interest Period with respect thereto.; and
(c) Notwithstanding the foregoing, the Borrowers Borrower may not select an Interest Period that would end, but for the provisions of the definition of Interest Period, after the Revolving Credit Termination Date.
Appears in 1 contract