Common use of Information in Interest Election Requests Clause in Contracts

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 5 contracts

Samples: Credit Agreement (Exterran Corp), Credit Agreement (Exterran Corp), Credit Agreement (Exterran Holdings Inc.)

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Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrower and the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether whether, in the case of a Borrowing denominated in Dollars, the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period" and permitted under Section 2.02(d). If any such Interest Election Request requests a LIBOR Eurocurrency Borrowing (whether denominated in Dollars or a EURIBOR Borrowing Foreign Currency) but does not specify an Interest Period, then the respective Borrower shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 5 contracts

Samples: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), 364 Day Credit Agreement (International Paper Co /New/)

Information in Interest Election Requests. Each telephonic and written Interest Election Request and Interest Election Request Notice shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Market Index Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. .” If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 4 contracts

Samples: Credit Agreement (WildHorse Resource Development Corp), Credit Agreement (WildHorse Resource Development Corp), Credit Agreement (Memorial Resource Development Corp.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether whether, in the case of a Borrowing denominated in Dollars, the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing but does not specify an Interest Period, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Credit Agreement (American International Group Inc), Credit Agreement (American International Group Inc), Credit Agreement (American International Group Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (ivSection 2.04(c)(iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Daily Simple SOFR Borrowing or a EURIBOR Term SOFR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Term SOFR Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Term SOFR Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Diversified Energy Co PLC), Revolving Credit Agreement (Diversified Energy Co PLC), Credit Agreement (Diversified Energy Co PLC)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (ivSection 2.04(c)(iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing, or, if applicable, an RFR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Credit Agreement (Permian Resources Corp), Credit Agreement (Centennial Resource Development, Inc.), Credit Agreement (Centennial Resource Development, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR a Canadian Prime Borrowing, a LIBOR CDOR Borrowing, a U.S. Prime Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR CDOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which which, subject to Section 2.04(e)(ii), shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR CDOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest PeriodPeriod or the Interest Period specified in such Interest Election Request is not available to all Lenders, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrower and the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period” and permitted under Section 2.02(d). If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing but does not specify an Interest Period, then the respective Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 3 contracts

Samples: Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/), Credit Agreement (International Paper Co /New/)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) below shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing or an RFR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which Interest Period shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notwithstanding the foregoing, in no event shall the Borrower be permitted to request an RFR Loan bearing interest based on Daily Simple SOFR prior to a Benchmark Transition Event and Benchmark Replacement Date with respect to the Term SOFR Rate (it being understood and agreed that Daily Simple SOFR shall only apply to the extent provided in Section 3.03(a) and Section 3.03(f)).

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Coterra Energy Inc.), Credit Agreement (Coterra Energy Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether whether, in the case of a Borrowing denominated in Dollars, the resulting Borrowing is to be an ABR Borrowing, a LIBOR Base Rate Borrowing or a EURIBOR BorrowingBorrowing of Term SOFR Loans; and (iv) if the resulting Borrowing is a LIBOR Borrowing of Term SOFR Loans or a EURIBOR BorrowingAlternative Currency Term Rate Loans, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing of Term SOFR Loans or a EURIBOR Borrowing Alternative Currency Term Rate Loans but does not specify an Interest Period, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (American International Group, Inc.), Credit Agreement (American International Group, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which which, subject to Section 2.04(e)(ii), shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest PeriodPeriod or the Interest Period specified in such Interest Election Request is not available to all Lenders, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Quicksilver Resources Inc), Credit Agreement (Quicksilver Resources Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.2: (i) the currency and principal amount of Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this Section 2.7(c) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowingbe, for Loans denominated in Dollars, a LIBOR Base Rate Borrowing or a EURIBOR SOFR Borrowing, or, for any Other Currency, a Eurocurrency Borrowing, as applicable; and (iv) if the resulting Borrowing is a LIBOR Eurocurrency Borrowing or a EURIBOR SOFR Borrowing, the Interest Period to be applicable thereto (by specifying the duration of such Interest Period and the last day of such Interest Period) after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Eurocurrency Borrowing or a EURIBOR SOFR Borrowing but does not specify an Interest Period, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (WK Kellogg Co), Credit Agreement (Kellogg Co)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.2: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this Section 2.7(c) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Base Rate Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto (by specifying the duration of such Interest Period and the last day of such Interest Period) after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (ivSection 2.04(c)(iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Term Benchmark Borrowing or a EURIBOR an RFR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Term Benchmark Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (Silverbow Resources, Inc.), Senior Secured Revolving Credit Agreement (Silverbow Resources, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Rate Request shall specify the following information in compliance with Section 2.032.2: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (C) and (ivD) of this section shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Rate Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing Base Rate Loan or a EURIBOR BorrowingLIBO Rate Loan; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR BorrowingLIBO Rate Loan, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Merest Period”. If any such Interest Election Rate Request requests a LIBOR Borrowing or a EURIBOR Borrowing LIBO Rate Loan but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Junior Mezzanine Credit Agreement (Technical Olympic Usa Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business DayDay in the case of an ABR Borrowing, or a U.S. Government Securities Business Day in the case of a continuation of, or conversion to, a SOFR Borrowing; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR SOFR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR SOFR Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR SOFR Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Fifth Amended and Restated Credit Agreement (Vital Energy, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.2: (i) the currency and principal amount of the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this Section 2.7(c) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowingbe, for Loans denominated in Dollars, a LIBOR Base Rate Borrowing or a EURIBOR SOFR Borrowing, or, for any other Agreed Currency, a SONXX Xxrrowing or a Eurocurrency Borrowing, as applicable; and (iv) if the resulting Borrowing is a LIBOR Eurocurrency Borrowing or a EURIBOR SOFR Borrowing, the Interest Period to be applicable thereto (by specifying the duration of such Interest Period and the last day of such Interest Period) after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Eurocurrency Borrowing or a EURIBOR SOFR Borrowing but does not specify an Interest Period, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (WestRock Co)

Information in Interest Election Requests. Each telephonic ----------------------------------------- and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the name of the Borrower and the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period". If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the relevant Borrower shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Washington Mutual Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03:2.02: CHAPARRAL ENERGY, L.L.C. CREDIT AGREEMENT (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Chaparral Energy, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Rate Request shall specify the following information in compliance with Section 2.032.2: (iA) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (C) and (ivD) of this section shall be specified for each resulting Borrowing); (iiB) the effective date of the election made pursuant to such Interest Election Rate Request, which shall be a Business Day; (iiiC) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing Base Rate Loan or a EURIBOR BorrowingLIBO Rate Loan; and (ivD) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR BorrowingLIBO Rate Loan, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Rate Request requests a LIBOR Borrowing or a EURIBOR Borrowing LIBO Rate Loan but does not specify an Interest Period, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Technical Olympic Usa Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Rate Request shall specify the following information in compliance with Section 2.031.2: (i) the Borrowing to which such Interest Election Rate Request applies (and whether such Borrowing consists of Revolving Loans or Term Loans) and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this section shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Rate Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Base Rate Borrowing or a EURIBOR LIBO Rate Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR LIBO Rate Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Rate Request requests a LIBOR Borrowing or a EURIBOR LIBO Rate Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Macerich Co)

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Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrower and the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether whether, in the case of a Borrowing denominated in Dollars, the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period” and permitted under Section 2.02(d). If any such Interest Election Request requests a LIBOR Eurocurrency Borrowing (whether denominated in Dollars or a EURIBOR Borrowing Foreign Currency) but does not specify an Interest Period, then the respective Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (International Paper Co /New/)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03‎Section 2.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section ‎Section 2.04(c)(iii) and (iv‎(iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which which, subject to ‎Section 2.04(e)(ii), shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest PeriodPeriod or the Interest Period specified in such Interest Election Request is not available to all Lenders, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Quicksilver Resources Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03:3.8(b): (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an comprised of ABR BorrowingLoans or Eurodollar Loans; provided, a LIBOR that if no such election is made, such Borrowing or a EURIBOR Borrowingshall be comprised of Eurodollar Loans; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Borrowingcomprised of Eurodollar Loans, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period"; provided, that if such Borrowing is a Eurodollar Loan pursuant to the proviso set forth in clause (iii) above, the Interest Period shall be one (1) month. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Borrowing Eurodollar Loans but does not specify an Interest Period, then the Borrower SPC shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 1 contract

Samples: Backup Facility Agreement (Genentech Inc)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies (including, if applicable, the respective Series of Tranche III Term Loans to which such Interest Election Request relates) and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether whether, in the case of a Eurocurrency Borrowing denominated in Dollars, the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period". If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 1 contract

Samples: Credit Agreement (SCV Epi Vineyards Inc)

Information in Interest Election Requests. Each telephonic and ----------------------------------------- written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing and Facility to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period". If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 1 contract

Samples: Credit Agreement (Nevada Power Co)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03information: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii2.10(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be a Eurodollar Borrowing or an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If such Interest Election Request does not specify a Type, then the Borrowing shall be deemed to have selected an ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (InfrastruX Group, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03: (i) 2.02: the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii2.04(c)(ii) and (iviii) shall be specified for each resulting Borrowing); (ii) ; the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) ; whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) and if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period". If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one (1) month’s 's duration. Notice to Lenders by the Administrative Agent. Promptly following receipt of an Interest Election Request, the Administrative Agent shall advise each Lender of the details thereof and of such Lender's portion of each resulting Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Westway Group, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iii2.05(c)(iii) and (iv) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration. If such Interest Election Request does not specify a Type, then the Borrower shall be deemed to have selected a Type of ABR Borrowing.

Appears in 1 contract

Samples: Credit Agreement (PMFG, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.2: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this Section 2.7(c) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR a Base Rate Borrowing, a LIBOR SXXXX Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto (by specifying the duration of such Interest Period and the last day of such Interest Period) after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower Borrowers shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (WestRock Co)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.2: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this Section 2.7(c) shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Base Rate Borrowing or a EURIBOR Eurodollar Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing, the Interest Period to be applicable thereto (by specifying the duration of such Interest Period and the last day of such Interest Period) after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurodollar Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one 1 month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Wayne Farms, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) whether whether, in the case of a Eurocurrency Borrowing denominated in Dollars, the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period". If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 1 contract

Samples: Credit Agreement (Canandaigua LTD)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.03: (i) 2.02: the Borrowing to which such Interest Election Request applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) ; the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) ; whether the resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) and if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period”. If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing but does not specify an Interest Period, then the applicable Borrower shall be deemed to have selected an Interest Period of one month’s duration. Notice by the Administrative Agent to Lenders. Promptly following receipt of an Interest Election Request, the Administrative Agent shall advise each applicable Lender of the details thereof and of such Lender’s portion of each resulting Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Corelogic, Inc.)

Information in Interest Election Requests. Each telephonic and written Interest Election Request shall specify the following information in compliance with Section 2.032.02: (i) the Borrowing to which such Interest Election Request applies (including, if applicable, the respective Series of Incremental Term Loans to which such Interest Election Request relates) and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to Section 2.04(c)(iiiclauses (iii) and (iv) of this paragraph shall be specified for each resulting Borrowing); (ii) the effective date of the election made pursuant to such Interest Election Request, which shall be a Business Day; (iii) if the resulting Borrowing is denominated in U.S. Dollars, whether the such resulting Borrowing is to be an ABR Borrowing, a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing; and (iv) if the resulting Borrowing is a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing, the Interest Period to be applicable thereto therefor after giving effect to such election, which shall be a period contemplated by the definition of the term "Interest Period". If any such Interest Election Request requests a LIBOR Borrowing or a EURIBOR Eurocurrency Borrowing but does not specify an Interest Period, then the Borrower shall be deemed to have selected an Interest Period of one month’s 's duration.

Appears in 1 contract

Samples: Credit Agreement (Constellation Brands Inc)

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