Common use of Failure to Elect Clause in Contracts

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 23 contracts

Samples: Unsecured Credit Agreement (Xl Group PLC), Credit Agreement (Xl Group PLC), Credit Agreement (Xl Group PLC)

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Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month’s duration.

Appears in 10 contracts

Samples: Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp), Credit Agreement (Frontier Communications Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 8 contracts

Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (Cdi Corp), Credit Agreement (1 800 Flowers Com Inc)

Failure to Elect. If no election as to the Type of a Revolving Credit Borrowing is specified, then the requested Revolving Credit Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 6 contracts

Samples: Credit Agreement (Cars.com Inc.), Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Syndicated Eurocurrency Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month’s duration.

Appears in 5 contracts

Samples: Year Credit Agreement (Best Buy Co Inc), Year Credit Agreement (Best Buy Co Inc), Year Credit Agreement (Best Buy Co Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month’s duration.

Appears in 5 contracts

Samples: Credit Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specifiedspecified in the applicable Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified in the applicable Borrowing Request with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Axis Capital Holdings LTD), Credit Agreement (Axis Capital Holdings LTD), Credit Agreement (Axis Capital Holdings L)

Failure to Elect. If no election as to the Type of a Borrowing is specifiedspecified in the applicable Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar SOFR Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month’s duration.

Appears in 3 contracts

Samples: Uncommitted Revolving Credit Agreement (Power Solutions International, Inc.), Uncommitted Revolving Credit Agreement (Power Solutions International, Inc.), Agreement (Power Solutions International, Inc.)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Syndicated Eurodollar Borrowing, then the requested Borrowing shall be made instead as an a Syndicated ABR Borrowing.

Appears in 3 contracts

Samples: Five Year Credit Agreement (Harte Hanks Inc), Credit Agreement (Harte Hanks Inc), Harte Hanks Inc

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an a Syndicated ABR Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Baldor Electric Co), Credit Agreement (Isp Minerals LLC), Credit Agreement (Isp Minerals Inc /Ny/)

Failure to Elect. If no election as to the Type of a Borrowing is specifiedspecified in a Borrowing Request, then the requested Borrowing shall be an ABR Borrowing. If an Adjusted Term SOFR Borrowing is requested but no Interest Period is specified with respect to any requested Eurodollar Borrowingspecified, then the requested Borrowing shall be made instead as an ABR BorrowingAdjusted Term SOFR Borrowing having an Interest Period of one (1) month.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Oaktree Strategic Credit Fund), Senior Secured (Oaktree Strategic Credit Fund)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If a Eurodollar Borrowing is requested but no Interest Period is specified with respect to any requested Eurodollar Borrowingspecified, then the requested Borrowing shall be made instead as a Eurodollar Borrowing having an ABR BorrowingInterest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Foster Wheeler Ag), Credit Agreement (Foster Wheeler Ag)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowinga Eurodollar Borrowing with a one month Interest Period.

Appears in 2 contracts

Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar LIBO Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Chugach Electric Association Inc), Credit Agreement (Chugach Electric Association Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specifiedspecified in the Borrowing Request, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (SFX Entertainment, INC), Credit Agreement (SFX Entertainment, INC)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Syndicated Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (National City Corp), Credit Agreement (Bowater Inc)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR Borrowing.Interest Period of one month’s duration. Credit Agreement

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specifiedspecified in the applicable Borrowing Request, then the requested Borrowing shall be an ABR Borrowinga Borrowing of Base Rate Loans. If no Interest Period is specified with respect to any requested Borrowing of Eurodollar BorrowingLoans, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Syndicated Eurocurrency Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month's duration.

Appears in 2 contracts

Samples: Day Credit Agreement (Best Buy Co Inc), 364 Day Credit Agreement (Best Buy Co Inc)

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Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Each Borrowing Request shall constitute a representation that the amount of the requested Borrowing shall be made instead as not cause an ABR BorrowingEvent of Default.

Appears in 1 contract

Samples: Credit Agreement (PMFG, Inc.)

Failure to Elect. If no election as to the Type of a Revolving Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing . If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Bard C R Inc /Nj/)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR BorrowingBorrowing and shall be made in Dollars. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing. If no election as to the currency of a Borrowing is specified, then the requested Borrowing shall be made in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Bard C R Inc /Nj/)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with Credit Agreement respect to any requested Eurodollar Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc /De/)

Failure to Elect. If no election as to the Type of a Revolving Credit Borrowing is specified, then the requested Revolving Credit Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar EurodollarTerm Benchmark Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cars.com Inc.)

Failure to Elect. If no election as to the currency of a Borrowing is specified, then the requested Borrowing shall be a Borrowing in Dollars. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Eurocurrency Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 1 contract

Samples: Unsecured Credit Agreement (Xl Group LTD)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR Borrowing.Interest Period of one month. Credit Agreement

Appears in 1 contract

Samples: Security Agreement (Pacificare Health Systems Inc /De/)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing, then the requested Borrowing Borrower shall be made instead as deemed to have selected an ABR BorrowingInterest Period of one month's duration.

Appears in 1 contract

Samples: Credit Agreement (Citizens Communications Co)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested 364-Day Credit Agreement Syndicated Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 1 contract

Samples: Day Credit Agreement (Harte Hanks Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Borrowing (other than a Daily Floating Eurodollar Borrowing), then the requested Borrowing shall be made instead as an ABR Borrowing.

Appears in 1 contract

Samples: Term Loan Agreement (Harte Hanks Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified, then the requested Borrowing shall be an ABR a Base Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing, then the requested Borrowing shall be made instead as an ABR a Base Rate Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Intelsat LTD)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified with respect to any requested Syndicated Eurodollar Borrowing, then the requested Borrowing shall be made instead as an ABR Borrowing.. Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Bard C R Inc /Nj/)

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