Common use of Extensions and Conversions Clause in Contracts

Extensions and Conversions. Subject to the terms of Article IV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.7, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended and (B) no Base Rate Loans may be converted into Eurodollar Loans, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to Loans, and (iv) no more than eight (8) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 2 contracts

Samples: TransMontaigne Partners L.P., TLP Equity Holdings, LLC

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Extensions and Conversions. Subject to the terms of Article IVV, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in Section 2.1(d)(i) with respect to Revolving Loans, and (iv) no more than eight twelve (8) 12) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of Exhibit J hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 a.m. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. V. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 2 contracts

Samples: Credit Agreement (Nationsrent Companies Inc), Credit Agreement (Nationsrent Companies Inc)

Extensions and Conversions. Subject to the terms of Article IVand conditions contained herein, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (ia) except as provided in Section 3.73.10 or 3.11, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (iib) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Event of Default or any event which constitutes or would, with the giving of notice or lapse of time or both, constitute an Event of Default, is in existence on the date of extension or conversion, and (iiic) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to Loans, and (iv) no more than eight (8) separate Eurodollar Loans shall be outstanding hereunder at any timeSection 2.6. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion notice (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 10:00 a.m., Eastern time, on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) second Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan intoLoan, into a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IVSection 6 hereof. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Buckeye Partners L P)

Extensions and Conversions. Subject to the terms of Article IVARTICLE V, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; providedPROVIDED, howeverHOWEVER, that (i) except as provided in Section 3.7SECTION 4.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” "INTEREST PERIOD" and shall be in such minimum amounts as provided in with respect to Revolving Loans, SECTION 2.1(d)(i) and with respect to the Term Loans, SECTION 2.2(c), and (iv) no more than eight ten (8) 10) separate Eurodollar Loans shall be outstanding hereunder at any timetime for all Types of Loans. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. ARTICLE V. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (National Equipment Services Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended and (B) no Base Rate Loans may be converted into Eurodollar Loans, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight (8) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.shall

Appears in 1 contract

Samples: Credit Agreement (TransMontaigne Partners L.P.)

Extensions and Conversions. Subject to the terms of Article IVV hereof, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Revolving Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in in, with respect to Revolving Loans, Section 2.1(d)(i) and with respect to the Term Loan, Section 2.2(c), and (iv) no more than eight six (8) 6) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of Exhibit J hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 12:00 noon on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IVV hereof. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (MST Enterprises Inc)

Extensions and Conversions. Subject to the terms of Article IV5, the Borrower Parent shall have the option, on any Business Day, to extend existing Eurodollar LIBOR Loans into a subsequent permissible LIBOR Interest Period, to convert Base Rate Loans into Eurodollar LIBOR Loans, or to convert Eurodollar LIBOR Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar LIBOR Loans may be converted into Base Rate Loans only on the last day of the LIBOR Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar LIBOR Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar LIBOR Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar LIBOR Loans shall be subject to the terms of the definition of "LIBOR Interest Period" and shall be in such minimum amounts as provided in Section 2.1(d)(i) with respect to Revolving Loans, and (iv) no more than eight five (8) 5) separate Eurodollar LIBOR Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Parent by giving delivering a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Administrative Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar LIBOR Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar LIBOR Loan as, or conversion of a Base Rate Loan into, a Eurodollar LIBOR Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable LIBOR Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV5. In the event the Borrower Parent fails to request an extension or conversion of any Eurodollar LIBOR Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the LIBOR Interest Period applicable thereto. The Administrative Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Industrial Distribution Group Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight five (8) 5) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of Exhibit J hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Revolving Loans to be so extended or converted, the types of Revolving Loans into which such Revolving Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV5. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Fresh Foods Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and with respect to Term Loans, Section 2.1(d)(vi), and (iv) no more than eight six (8) 6) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 2:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. V. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (TransMontaigne Partners L.P.)

Extensions and Conversions. Subject to the terms of Article IVV, the each Borrower shall have the option, on any Business Day, to extend such Borrower's existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans, to convert Base Rate Loans into LMIR Loans, to convert LMIR Loans into Base Rate Loans, to convert LMIR Loans to Eurodollar Loans, or to convert Eurodollar Loans into LMIR Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans or LMIR Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans or LMIR Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight five (8) 5) separate Eurodollar Loans for each Borrower shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the applicable Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan or LMIR Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, or LMIR Loan into a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. V. In the event the a Borrower fails to request an extension or conversion of any of such Borrower's Eurodollar Loan Loans in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (World Air Holdings, Inc.)

Extensions and Conversions. Subject to the terms of Article IV5 hereof, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Revolving Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to LoansSection 2.1(d)(i), and (iv) no more than eight twelve (8) 12) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of Exhibit K hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 12:00 noon (Charlotte time) on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Revolving Loans to be so extended or converted, the types of Revolving Loans into which such Revolving Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IVSection 5 hereof. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Fieldcrest Cannon Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Revolving Loans that are Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight (8) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 2:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. V. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Transmontaigne Inc

Extensions and Conversions. Subject to the terms of Article IVSection 6.2, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Prime Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Prime Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Prime Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Prime Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall (if applicable) be in such any minimum amounts as provided in herein with respect to Loans, and (iv) no more than eight five (8) 5) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice (to be used at Agent's option) in the form of Exhibit C hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Prime Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Prime Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IVSection 6.2. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Prime Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting by any Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Color Corp)

Extensions and Conversions. Subject to the terms of Article IVARTICLE V, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; providedPROVIDED, howeverHOWEVER, that (i) except as provided in Section 3.7SECTION 4.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” "INTEREST PERIOD" and shall be in such minimum amounts as provided in with respect to Revolving Loans, SECTION 2.1(D)(I) and with respect to the Term Loans, SECTION 2.2(A), and (iv) no more than eight six (8) 6) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of EXHIBIT H hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 a.m. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. ARTICLE V. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

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Extensions and Conversions. Subject to the terms of Article IVV, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i) and with respect to the Term Loans, Section 2.2(a), and (iv) no more than eight six (8) 6) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of Exhibit H hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 a.m. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. V. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in Section 2.1(d)(i) with respect to Revolving Loans, and (iv) no more than eight five (8) 5) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written notice in the form of Exhibit I (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Administrative Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. V. In the event the Borrower fails fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.applicable

Appears in 1 contract

Samples: Credit Agreement (Industrial Distribution Group Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar LIBOR Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar LIBOR Loans, or to convert Eurodollar LIBOR Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar LIBOR Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar LIBOR Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar LIBOR Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Revolving Loans extended as, or converted into, Eurodollar LIBOR Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to LoansSection 2.1(d)(i), and (iv) no more than eight five (8) 5) separate Eurodollar LIBOR Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Company, on behalf of the Borrowers, by giving a written notice in the form of Exhibit G hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar LIBOR Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar LIBOR Loan as, or conversion of a Base Rate Loan into, a Eurodollar LIBOR Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Revolving Loans to be so extended or converted, the types of Revolving Loans into which such Revolving Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. V. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar LIBOR Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Revolving Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Revolving Loan.

Appears in 1 contract

Samples: Credit Agreement (Penske Motorsports Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to LoansSection 2.1(d)(i), and (iv) no more than eight five (8) 5) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 A.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. V. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Coleman Cable, Inc.)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight (8) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. V. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (TransMontaigne Partners L.P.)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower Borrowers shall have the option, on --------- any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) -------- ------- except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base ------------ Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest -------- Period" and shall be in such minimum amounts as provided in with respect to ------ Revolving Loans, Section 2.1(d)(i) and with respect to the Term Loans, Section ----------------- ------- 2.2(a), and (iv) no more than eight six (8) 6) separate Eurodollar Loans shall be ------ outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written notice in the form of Exhibit H --------- hereto (a "Notice of Extension/Conversion Conversion") (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 P.M. 11:00 a.m. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IV. V. In the event the Borrower fails Borrowers fail to request an --------- extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Credit Agreement (Chiquita Brands International Inc)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Revolving Loans that are Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight six (8) 6) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 2:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. V. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Pledge Agreement (TransMontaigne Partners L.P.)

Extensions and Conversions. Subject to the terms of Article IVV, the Borrower shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Revolving Loans that are Base Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans; provided, however, that (i) except as provided in Section 3.74.10, Eurodollar Loans may be converted into Base Rate Loans only on the last day of the Interest Period applicable thereto, (ii) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans may be converted into Eurodollar Loans, only if no Default or Event of Default is in existence on the date of extension or conversion, (iii) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of “Interest Period” and shall be in such minimum amounts as provided in with respect to Revolving Loans, Section 2.1(d)(i), and (iv) no more than eight (8) separate Eurodollar Loans shall be outstanding hereunder at any time. Each such extension or conversion shall be effected by the Borrower by giving a written Notice of Extension/Conversion (or telephone notice promptly confirmed in writing) to the Agent prior to 1:00 2:00 P.M. on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan into, a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower of the matters specified in Article IV. V. In the event the Borrower fails to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Pledge Agreement (Transmontaigne Inc)

Extensions and Conversions. Subject to the terms of Article IVand conditions contained herein, the Borrower Borrowers shall have the option, on any Business Day, to extend existing Eurodollar Loans into a subsequent permissible Interest Period, to convert Base Rate Loans and LIBOR Market Rate Loans into Eurodollar Loans, or to convert Eurodollar Loans into Base Rate Loans or LIBOR Market Rate Loans; provided, however, that (ia) except as provided in Section 3.73.9, Eurodollar Loans may be converted into Base Rate Loans or LIBOR Market Rate Loans only on the last day of the Interest Period applicable thereto, (iib) if an Event of Default has occurred and is continuing, then (A) no Eurodollar Loans may be extended extended, and (B) no Base Rate Loans and LIBOR Market Rate Loans may be converted into Eurodollar Loans, only if no Event of Default or any event which constitutes or would, with the giving of notice or lapse of time or both, constitute an Event of Default, is in existence on the date of extension or conversion, (iiic) Loans extended as, or converted into, Eurodollar Loans shall be subject to the terms of the definition of "Interest Period" and shall be in such minimum amounts as provided in with respect to LoansSection 2.4, and (ivd) no more than eight three (8) 3) separate Eurodollar Loans and LIBOR Market Rate Loans shall be outstanding hereunder at any one time. Each such extension or conversion shall be effected by the Borrower Borrowers by giving a written Notice of Extension/Conversion notice (or telephone notice promptly confirmed in writing) to the Agent Lender prior to 1:00 P.M. 10:00 a.m., Eastern Standard time, on the Business Day of, in the case of the conversion of a Eurodollar Loan into a Base Rate Loan or LIBOR Market Rate Loan, and on the third (3rd) Business Day prior to, in the case of the extension of a Eurodollar Loan as, or conversion of a Base Rate Loan intoor LIBOR Market Rate Loan, into a Eurodollar Loan, the date of the proposed extension or conversion, specifying the date of the proposed extension or conversion, the Loans to be so extended or converted, the types of Loans into which such Loans are to be converted and, if appropriate, the applicable Interest Periods with respect thereto. Each request for extension or conversion shall constitute a representation and warranty by the Borrower Borrowers of the matters specified in Article IVSection 6 hereof. In the event the Borrower fails Borrowers fail to request an extension or conversion of any Eurodollar Loan in accordance with this Section, or any such conversion or extension is not permitted or required by this Section, then such Loan shall be automatically converted into a Base Rate Loan at the end of the Interest Period applicable thereto. The Agent shall give each Lender notice as promptly as practicable of any such proposed extension or conversion affecting any Loan.

Appears in 1 contract

Samples: Loan and Security Agreement (Sherwood Brands Inc)

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