Common use of Election of Interest Rate Basis Clause in Contracts

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each Loan to the Borrower in accordance with the terms of this Section 2.5(a): (i) Under the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any Loan, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to such Tranche. (ii) With respect to any Tranche under any Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Accession and Amendment Agreement (Coach Usa Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the outstanding principal amount of the Loan to the Borrower in accordance with the terms of this Section 2.5(a):), except that the Loan initially shall consist of only a Base Rate Tranche: (i) Under the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any Loan, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to such Tranche. (ii) With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Base Rate Tranche to form new LIBOR Tranches or Prime Base Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent Lender in writing or by telecopy not later than 2:00 p.m. 11:00 a.m. (local time at the Applicable Lending Office of the AgentHouston, Texas, time) on the third fourth Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the AgentBorrower's request, the Agent Lender shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of involving LIBOR Tranches shall be made in integral multiples of the Minimum LIBOR Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or under the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding Loan to be less than the Minimum LIBOR Tranche Amount. At no time shall there be more than eight five separate LIBOR Tranches outstanding under any Loanoutstanding. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks Lender shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iiiii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (iii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one monthBase Rate Tranche. Each Prime Base Rate Tranche shall continue as a Prime Base Rate Tranche under the same Loan unless the Borrower converts such Prime Base Rate Tranche as provided for in paragraph (iii) above.

Appears in 1 contract

Sources: Loan Agreement (Industrial Holdings Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each Loan to the Borrower in accordance with the terms of this Section 2.5(a): (i) Under the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any Loan, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that (A) at no time shall there be more than ten eight separate LIBOR Tranches outstanding under this Agreement any Loan and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to such Tranche. (ii) With respect to any Tranche under any Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Coach Usa Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the Term Loan to and the Borrower Revolving Loan in accordance with the terms of this Section 2.5(a2.6(a): (i) i. Under the Revolving Loan Borrowing Request provided to the Administrative Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each LIBOR Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount $1,000,000 and be made in multiples of $500,000, and the Minimum Prime Rate Tranche Multiplemust be in a principal amount equal to or greater than $1,000,000 and be made in multiples of $100,000. Such interest rate elections must be provided to the Administrative Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Administrative Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Administrative Agent) on the same day of any proposed Revolving Loan Borrowing comprised solely of which is a Prime Rate TrancheBorrowing. The Administrative Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, upon determination by the Administrative Agent, the Administrative Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) . With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or the Prime Rate Tranche to form new LIBOR Tranches or increase or decrease the amount of the Prime Rate Tranches under the same Loan Tranche in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new LIBOR Tranche or increase or decrease the amount of the Prime Rate Tranche, as applicable, for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Administrative Agent in writing or by telecopy not later than 2:00 1:00 p.m. (local time at the Applicable Lending Office of the Administrative Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Administrative Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Administrative Agent, the Administrative Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of LIBOR Tranches shall be made in integral multiples of $500,000, and continuations and conversions of the Minimum Prime Rate Tranche Multipleshall be made in integral multiples of $100,000 (provided that the Prime Rate Tranche with respect to the Term Loan may be of any size). No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding to be less than $1,000,000, or the aggregate outstanding principal amount of all the Prime Rate Tranches Tranche which would remain outstanding to be less than $1,000,000 (provided that the Minimum Prime Rate Tranche Amountwith respect to the Term Loan may be of any size). At no time shall there be more than eight ten separate LIBOR Tranches outstanding under any Loanoutstanding. Any conversion of an existing LIBOR Tranche is subject to Section 2.62.7. Subject to the satisfaction of all applicable conditions precedent, the Administrative Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) . At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each All of the Prime Rate Tranche shall continue as a the Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Integrated Electrical Services Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the Revolving Loan to the Borrower in accordance with the terms of this Section 2.5(a): (i) Under the Revolving Loan Borrowing Request provided to the Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each LIBOR Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount $1,000,000 and be made in multiples of $500,000, and the Minimum Prime Rate Tranche Multiplemust be in a principal amount equal to or greater than$1,000,000 and be made in multiples of $100,000. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Revolving Loan Borrowing comprised solely of which is a Prime Rate TrancheBorrowing. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or the Prime Rate Tranche to form new LIBOR Tranches or increase or decrease the amount of the Prime Rate Tranches under the same Loan Tranche in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new LIBOR Tranche or increase or decrease the amount of the Prime Rate Tranche, as applicable, for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of LIBOR Tranches shall be made in integral multiples of $500,000, and continuations and conversions of the Minimum Prime Rate Tranche Multipleshall be made in integral multiples of $100,000. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion.remain (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each All of the Prime Rate Tranche shall continue as a the Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Integrated Electrical Services Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the Revolving Loan to the Borrower in accordance with the terms of this Section 2.5(a): (i) Under the Revolving Loan Borrowing Request provided to the Administrative Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten seven separate LIBOR Tranches outstanding under this Agreement and (B) each LIBOR Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount $1,000,000 and be made in multiples of $1,000,000, and the Minimum Prime Rate Tranche Multiplemust be in a principal amount equal to or greater than $500,000 and be made in multiples of $100,000. Such interest rate elections must be provided to the Administrative Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Administrative Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Administrative Agent) on the same day of any proposed Revolving Loan Borrowing comprised solely of which is a Prime Rate TrancheBorrowing. The Administrative Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, Tranche upon determination by the Administrative Agent, the Administrative Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or the Prime Rate Tranche to form new LIBOR Tranches or increase or decrease the amount of the Prime Rate Tranches under the same Loan Tranche in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new LIBOR Tranche or increase or decrease the amount of the Prime Rate Tranche, as applicable, for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Administrative Agent in writing or by telecopy not later than 2:00 1:00 p.m. (local time at the Applicable Lending Office of the Administrative Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the Agent shall promptly forward notice of the continuation or conversion to the Banks. In in the case of any continuation or conversion into LIBOR Tranchesconversions, upon determination by and on the Agent, the Agent shall notify the Borrower and the Banks same Business Day of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.proposed continuation

Appears in 1 contract

Sources: Credit Agreement (Eagle Usa Airfreight Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the Revolving Loan to the Borrower in accordance with the terms of this Section 2.5(a2.4(a): (i) Under the Revolving Loan Borrowing Request provided to the Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten four separate LIBOR Tranches outstanding under this Agreement and (B) each Tranche must be in a principal amount equal to or greater than (I) in the Minimum Tranche Amount case of LIBOR Tranches, $300,000 and (II) in the case of Prime Rate Tranches, $100,000, and in each case, shall be made in multiples of the Minimum Tranche Multiple$100,000 in excess thereof. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Revolving Loan Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in a minimum amount of $300,000 and in integral multiples of the Minimum Tranche Multiple$100,000 in excess thereof. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding to be less than $300,000 or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount$100,000. At no time shall there be more than eight four separate LIBOR Tranches outstanding under any Loanoutstanding. Any conversion of an existing LIBOR Tranche is subject to Section 2.62.5. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued converted such LIBOR Tranche as to a new LIBOR Tranche under the same Loan with an Interest Period of one monthPrime Rate Tranche. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Hydrochem Industrial Services Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the Term Loan to and the Borrower Revolving Loan in accordance with the terms of this Section 2.5(a2.6(a): (i) Under the Revolving Loan Borrowing Request provided to the Administrative Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each LIBOR Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount $1,000,000 and be made in multiples of $500,000, and the Minimum Prime Rate Tranche Multiplemust be in a principal amount equal to or greater than $1,000,000 and be made in multiples of $100,000. Such interest rate elections must be provided to the Administrative Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Administrative Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Administrative Agent) on the same day of any proposed Revolving Loan Borrowing comprised solely of which is a Prime Rate TrancheBorrowing. The Administrative Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, upon determination by the Administrative Agent, the Administrative Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or the Prime Rate Tranche to form new LIBOR Tranches or increase or decrease the amount of the Prime Rate Tranches under the same Loan Tranche in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new LIBOR Tranche or increase or decrease the amount of the Prime Rate Tranche, as applicable, for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Administrative Agent in writing or by telecopy not later than 2:00 1:00 p.m. (local time at the Applicable Lending Office of the Administrative Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Administrative Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Administrative Agent, the Administrative Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of LIBOR Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent$500,000, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end continuations and conversions of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for be made in paragraph (ii) aboveintegral multiples of $100,000.

Appears in 1 contract

Sources: Credit Agreement (NBH Holdings Co Inc)

Election of Interest Rate Basis. The Any Borrower may select the interest rate basis for each Loan to the Borrower Loans in accordance with the terms of this Section 2.5(a2.4(a): (i) Under the Revolving Borrowing Request provided to the Agent in connection with the making of each Borrowing under any LoanRevolving Borrowing, the Borrower Company shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Borrowing, provided that (A) at no time shall there be more than ten seven separate LIBOR Tranches outstanding under this Agreement for Revolving Loans and (B) each Tranche must be in a principal amount equal to or greater than (I) in the Minimum Tranche Amount case of LIBOR Tranches, $300,000 and (II) in the case of Prime Rate Tranches, $100,000, and in each case, shall be made in multiples of the Minimum Tranche Multiple$100,000 in excess thereof. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Revolving Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Revolving Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower Company and the Banks of the applicable interest rate to for such Tranche. (ii) Each Term Loan shall continue to bear interest from the Effective Date at the rate in effect on the Effective Date until continued or converted in accordance with the following paragraph (iii). (iii) With respect to any Tranche under Tranche, any Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the applicable Borrower to the Agent Agent, in the case of Tranches under the Revolving Loan, or NationsBank, in the case of Tranches under any Term Loan in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the AgentAgent or NationsBank, as applicable) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the such Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion to the BanksBanks received with respect to the Revolving Loan. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent or NationsBank, as applicable, shall notify the applicable Borrower and and, with respect to Tranches under the Revolving Loan only, the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in a minimum amount of $300,000 and in integral multiples of the Minimum Tranche Multiple$100,000 in excess thereof. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion.outstanding (iiiiv) At the end of the Interest Period for any LIBOR Tranche if the applicable Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (iiiii) above, the such Borrower shall be deemed to have continued converted such LIBOR Tranche as to a new LIBOR Tranche under the same Loan with an Interest Period of one monthPrime Rate Tranche. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the applicable Borrower converts such Prime Rate Tranche as provided for in paragraph (iiiii) above.

Appears in 1 contract

Sources: Credit Agreement (Denali Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each Loan to the Borrower Borrowing in accordance with the terms of this Section 2.5(a): (i) Under the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any the Revolving Credit Loan, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that (A) at no time shall there be more than ten eight separate LIBOR Tranches outstanding under this Agreement the Revolving Credit Loan and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. 11:00 a.m. (local time at the Applicable Lending Office of the AgentDallas, Texas time) (A) on the third Business Day before the date of any proposed Borrowing comprised of a LIBOR Tranche Tranche, or 11:00 a.m. (local time at the Applicable Lending Office of the AgentB) on the same day of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any the Revolving Credit Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Revolving Credit Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. 11:00 a.m. (local time at the Applicable Lending Office of the AgentDallas, Texas time) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any the Revolving Credit Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.62.5. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche Tranche, if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one monthPrime Rate Tranche. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Tetra Technologies Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each Loan to the Borrower Borrowing in accordance with the terms of this Section 2.5(a2.4(a): (i) Under the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any the Revolving Loan, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that amount (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Borrowing comprised of a LIBOR Tranche Tranche, or 11:00 a.m. (local time at the Applicable Lending Office of the AgentB) on the same day of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any the Revolving Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Revolving Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. 12:00 noon (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any the Revolving Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.62.5. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche Tranche, if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one monthPrime Rate Tranche. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Tetra Technologies Inc)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each portions of the outstanding principal amount of the Loan to by creating Base Rate Tranches and LIBOR Tranches by providing the Borrower Agent with written notice of the interest rate election requirements in accordance with the terms of this Section 2.5(a): a Revolving Loan Borrowing Request or an Interest Rate Election Request not later than (i) Under 11:00 a.m. (local time at the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any Loan, the Borrower shall select the amount and the Type Applicable Lending Office of the Tranches, and for each LIBOR Tranche selected, Agent) on the effective date of any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that (A) at no time shall there be more than ten separate LIBOR Tranches outstanding under this Agreement and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing election creating only Base Rate Tranches from a new Revolving Loan Borrowing or by telecopy not later than 1:00 p.m. (ii) 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the effective date of any proposed Borrowing comprised of a LIBOR Tranche interest rate election creating or 11:00 a.m. (local time at converting the Applicable Lending Office of the Agent) on the same day interest rate basis of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by in each case, confirmed in writing before 5:00 p.m. on the Agent, the Agent shall promptly notify the Borrower and the Banks day of the applicable interest rate to such Tranche. (ii) With respect to any Tranche under any Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraphtelephonic notice. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request request shall be fully completed and completed, shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion interest rate election to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent Banks and shall notify the Borrower and the Banks of the applicable interest rate. Continuations Each election shall cause the principal amount of each Tranche to be equal to or greater than the Minimum Tranche Amount and conversions of Tranches shall to be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight five separate LIBOR Tranches outstanding under any Loanoutstanding. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for make effective the continuation or conversion, make such continuation or conversion. (iii) At applicable interest rate election. If at the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as elected a new LIBOR Tranche under the same Loan with an Interest Period of one monthinterest rate basis for such outstanding principal, such outstanding principal shall become a Base Rate Tranche. Each Prime Base Rate Tranche shall continue as a Prime Base Rate Tranche under until a different interest rate basis is elected by the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) aboveBorrower.

Appears in 1 contract

Sources: Credit Agreement (Tyler Technologies Inc)

Election of Interest Rate Basis. The Borrower Borrowers may select the interest rate basis for each the Revolving Loan to the Borrower in accordance with the terms of this Section 2.5(a): (i) Under the Revolving Loan Borrowing Request provided to the Administrative Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the applicable Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten five separate LIBOR Tranches outstanding under this Agreement and (B) each LIBOR Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount $1,000,000 and be made in multiples of $100,000, and the Minimum Prime Rate Tranche Multiplemust be in a principal amount equal to or greater than $100,000 and in multiples of $25,000. Such interest rate elections must be provided to the Administrative Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) 12:00 noon on the same day of any proposed Revolving Loan Borrowing comprised solely of which is a Prime Rate TrancheBorrowing. The Administrative Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, upon determination by the Administrative Agent, the Administrative Agent shall promptly notify the applicable Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any LoanTranche, the applicable Borrower may continue or convert any portion of any LIBOR Tranche or the Prime Rate Tranche to form new LIBOR Tranches or increase or decrease the amount of the Prime Rate Tranches under the same Loan Tranche in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new LIBOR Tranche or increase or decrease the amount of the Prime Rate Tranche, as applicable, for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the applicable Borrower to the Administrative Agent in writing or by telecopy not later than 2:00 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the applicable Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Administrative Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Administrative Agent, the Administrative Agent shall notify the applicable Borrower and the Banks of the applicable interest rate. Continuations and conversions of LIBOR Tranches shall be made in integral multiples of $100,000, and continuations and conversions of the Minimum Prime Rate Tranche Multipleshall be made in integral multiples of $25,000. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding to be less than $1,000,000, or the aggregate outstanding principal amount of all the Prime Rate Tranches Tranche which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan$100,000. Any conversion of an existing LIBOR Tranche is subject to Section 2.62.5. Subject to the satisfaction of all applicable conditions precedent, the Administrative Agent and the Banks shall before close of business on the date requested by the applicable Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the applicable Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the applicable Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each All of the Prime Rate Tranche shall continue as a the Prime Rate Tranche under the same Loan unless the applicable Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Susser Holdings CORP)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each the Revolving Loan to the Borrower in accordance with the terms of this Section 2.5(a2.4(a): (i) Under the Revolving Loan Borrowing Request provided to the Agent in connection with the making of each Borrowing under any LoanRevolving Loan Borrowing, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Revolving Loan Borrowing, provided that (A) at no time shall there be more than ten five separate LIBOR Tranches outstanding under this Agreement and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Revolving Loan Borrowing comprised of a LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Revolving Loan Borrowing comprised solely of a Prime Base Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Revolving Loan Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any LoanTranche, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Base Rate Tranche to form new LIBOR Tranches or Prime Base Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the The Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.6. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Base Rate Tranche shall continue as a Prime Base Rate Tranche under the same Loan unless the Borrower converts such Prime Base Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Tyler Corp /New/)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for the outstanding principal amount of each Loan to the Borrower in accordance with the terms of this Section 2.5(a2.6(a): (i) Under the Borrowing Request provided to the Agent in connection with the making of each Borrowing under any Loan, the Borrower shall select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such Borrowing, provided that (A) at no time shall there be more than ten three separate LIBOR Tranches outstanding under this Agreement the Revolving Credit Loan or the Term Loan or more than two separate LIBOR Tranches outstanding under any Acquisition Loan and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche Multiple. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 2:00 p.m. (local time at the Applicable Lending Office of the AgentDallas, Texas, time) on the third Business Day before the date of any proposed Borrowing comprised of a LIBOR Tranche or 11:00 a.m. 12:00 noon (local time at the Applicable Lending Office of the AgentDallas, Texas, time) on the same day of any proposed Borrowing comprised solely of a Prime Rate Tranche. The Agent shall promptly forward copies of such interest rate elections to the Banks. In the case of any Borrowing comprised of a LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to such Tranche. (ii) With respect to any Tranche under any Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the AgentDallas, Texas, time) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight three separate LIBOR Tranches outstanding under the Revolving Credit Loan or the Term Loan or more than two separate LIBOR Tranches outstanding under any Acquisition Loan. Any conversion of an existing LIBOR Tranche is subject to Section 2.62.7. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche if the Borrower has not continued or converted such LIBOR Tranche into new Tranches as provided for in paragraph (ii) above, the Borrower shall be deemed to have continued such LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) above.

Appears in 1 contract

Sources: Credit Agreement (Core Laboratories N V)

Election of Interest Rate Basis. The Borrower may select the interest rate basis for each Loan to the Borrower in accordance with the terms of this Section 2.5(a): (i) Under the Borrowing Request provided to the Agent in connection with the making of each any Borrowing under any Loan, and under each Interest Rate Election Request applicable to such Loan, the Borrower shall may select the amount and the Type of the Tranches, and for each LIBOR Tranche selected, any permitted Interest Period for each such LIBOR Tranche, which will comprise such BorrowingBorrowing or the Loan, provided that (A) at no time shall there be more than ten separate LIBOR the applicable Maximum Number of Tranches outstanding under this Agreement any Loan and (B) each Tranche must be in a principal amount equal to or greater than the Minimum Tranche Amount and be made in multiples of the Minimum Tranche MultipleAmount. Such interest rate elections must be provided to the Agent in writing or by telecopy not later than 1:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of any proposed Borrowing comprised of a or interest rate election creating any LIBOR Tranche or 11:00 a.m. (local time at the Applicable Lending Office of the Agent) on the same day of any proposed Borrowing comprised solely of a or interest rate election creating only Prime Rate TrancheTranches. The Agent shall promptly forward copies of such interest rate elections any Interest Rate Election Request to the Banks. In the case of any Borrowing comprised of a For each LIBOR Tranche, upon determination by the Agent, the Agent shall promptly notify the Borrower and the Banks of the applicable interest rate to for such Tranche. (ii) With respect to any Tranche under any Loan, the Borrower may continue or convert any portion of any LIBOR Tranche or Prime Rate Tranche to form new LIBOR Tranches or Prime Rate Tranches under the same Loan in accordance with this paragraph. Each such continuation or conversion shall be deemed to create a new Tranche for all purposes of this Agreement. Each such continuation or conversion shall be made pursuant to a Continuation/Conversion Request given by the Borrower to the Agent in writing or by telecopy not later than 2:00 p.m. (local time at the Applicable Lending Office of the Agent) on the third Business Day before the date of the proposed continuation or conversion. Each Continuation/Conversion Request shall be fully completed and shall specify the information required therein, and shall be irrevocable and binding on the Borrower. If the Continuation/Conversion Request is accepted by the Agent, the Agent shall promptly forward notice of the continuation or conversion to the Banks. In the case of any continuation or conversion into LIBOR Tranches, upon determination by the Agent, the Agent shall notify the Borrower and the Banks of the applicable interest rate. Continuations and conversions of Tranches shall be made in integral multiples of the Minimum Tranche Multiple. No continuation or conversion shall be permitted if such continuation or conversion would cause the aggregate outstanding principal amount of any LIBOR Tranche which would remain outstanding or the aggregate outstanding principal amount of all Prime Rate Tranches which would remain outstanding to be less than the Minimum Tranche Amount. At no time shall there be more than eight separate LIBOR Tranches outstanding under any Loan. Any conversion of an existing LIBOR Tranche prior to the last day of its Interest Period is subject to Section 2.62.8. Subject to the satisfaction of all applicable conditions precedent, the Agent and the Banks shall before close of business on the date requested by the Borrower for the continuation or conversion, make such continuation or conversion. (iii) At the end of the Interest Period for any LIBOR Tranche Tranche, if the Borrower has not continued or converted selected the next interest rate basis for such LIBOR Tranche into new Tranches as provided for in paragraph (ii) abovepursuant to an Interest Rate Election Request, the Borrower shall be deemed to have continued selected such Tranche to continue as a LIBOR Tranche as a new LIBOR Tranche under the same Loan with an Interest Period of one month. Each Prime Rate Tranche shall continue as a Prime Rate Tranche under the same Loan unless the Borrower converts such Prime Rate Tranche as provided for in paragraph (ii) abovepursuant to an Interest Rate Election Request.

Appears in 1 contract

Sources: Credit Agreement (Team Inc)