Common use of Interest Periods; Renewals Clause in Contracts

Interest Periods; Renewals. In the case of the Term SOFR Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of Loan; (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; (3) [reserved]; and (4) only five (5) discrete segments of a Bank’s applicable Term Loans bearing interest at SOFR for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Bank’s Term Loans corresponding to a proportionate segment of each of the other Banks’ applicable Term Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall promptly notify Borrower in writing of any additional interest and fees due because of such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s or any Bank’s other rights under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)

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Interest Periods; Renewals. In the case of the Term SOFR Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of Loan; (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; (3) [reserved]; ] and (4) only five (5) discrete segments of a Bank’s applicable Term Loans bearing interest at SOFR for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Bank’s Term Loans corresponding to a proportionate segment of each of the other Banks’ applicable Term Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall promptly notify Borrower in writing of any additional interest and fees due because of such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s or any Bank’s other rights under this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (JBG SMITH Properties), Credit Agreement (JBG SMITH Properties)

Interest Periods; Renewals. In the case of the Term SOFR Loans and Bid Rate Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of LoanDate; and (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; . Only twenty (3) [reserved]; and (4) only five (520) discrete segments of a Bank’s applicable Term Loans Ratable Loan bearing interest at SOFR Term SOFR, for a designated Interest Period Period, pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Bank’s Term Loans Ratable Loan corresponding to a proportionate segment of each of the other Banks’ applicable Term Ratable Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any Term SOFR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during If Borrower shall fail to give notice to Administrative Agent of such a Leverage Pricing Continuation, such Term SOFR Loan shall automatically become a Term SOFR Loan with an Interest Period of one (1) month on the applicable interest rate for last day of the Obligations and certain fees set forth herein may be determined and/or adjusted current Interest Period. Administrative Agent shall notify each of the Banks, either by telephone or by electronic mail, at least two (2) Banking Days prior to the termination of the Interest Period in question in the event of such failure by Borrower to give such notice of Continuation. Any Daily SOFR Loans shall automatically Continue as such on each successive day until the Borrower gives notice to Administrative Agent of the Conversion of such Loan to a Term SOFR Loan or to a Base Rate Loan. With respect to SOFR, Daily SOFR or Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time based upon certain financial ratios and/or other information to be provided or certified and, notwithstanding anything to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document; provided that, with respect to any such Borrower Information was incorrect (for whatever reasonamendment effected, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall post each such amendment implementing such Conforming Changes to the Borrower and the Banks reasonably promptly notify Borrower in writing of any additional interest and fees due because of after such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s or any Bank’s other rights under this Agreementamendment becomes effective.

Appears in 1 contract

Samples: Revolving Loan Agreement (Avalonbay Communities Inc)

Interest Periods; Renewals. In the case of the Term LIBORTerm SOFR Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Tranche A Maturity Date for that type of Loanor Tranche B Maturity Date, as applicable; and (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; . Only an aggregate of six (3) [reserved]; and (4) only five (56) discrete segments of a Bank’s applicable Term Loans bearing interest at SOFR a LIBOR Interest Rate Term SOFR, for a designated Interest Period Period, pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Bank’s Term Loans corresponding to a proportionate segment of each of the other Banks’ applicable Term Loans). Upon notice to Administrative Agent as provided in Section 2.142.13, Borrower may Continue any LIBORTerm SOFR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during If Borrower shall fail to give notice to Administrative Agent of such a Leverage Pricing Continuation, such LIBORTerm SOFR Loan shall automatically become a LIBORTerm SOFR Loan with an Interest Period of one (1) month on the applicable interest rate for last day of the Obligations and certain fees set forth herein may be determined and/or adjusted current Interest Period. Administrative Agent shall notify each of the Banks, either by telephone or by electronic mail, at least two (2) Banking Days prior to the termination of the Interest Period in question in the event of such failure by Borrower to give such notice of Continuation. Any Daily SOFR Loans shall automatically Continue as such on each successive day until the Borrower gives notice to Administrative Agent of the Conversion of such Loan to a Term SOFR Loan or to a Base Rate Loan. With respect to SOFR, Daily SOFR or Term SOFR, the Administrative Agent will have the right to make Conforming Changes from time to time based upon certain financial ratios and/or other information to be provided or certified and, notwithstanding anything to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that contrary herein or in any other Loan Document, any amendments implementing such Conforming Changes will become effective without any further action or consent of any other party to this Agreement or any other Loan Document; provided that, with respect to any such Borrower Information was incorrect (for whatever reasonamendment effected, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall post each such amendment implementing such Conforming Changes to the Borrower and the Banks reasonably promptly notify Borrower in writing of any additional interest and fees due because of after such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s or any Bank’s other rights under this Agreement.amendment becomes effective

Appears in 1 contract

Samples: Term Loan Agreement (Avalonbay Communities Inc)

Interest Periods; Renewals. In the case of the Term SOFR LIBOR Loans and Bid Rate Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of LoanDate; and (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; . Only twenty (3) [reserved]; and (4) only five (520) discrete segments of a Bank’s applicable Term Loans Ratable Loan bearing interest at SOFR a LIBOR Interest Rate, for a designated Interest Period Period, pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Bank’s Term Loans Ratable Loan corresponding to a proportionate segment of each of the other Banks’ applicable Term Ratable Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR LIBOR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time If Borrower shall fail to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered give notice to Administrative Agent, and if the applicable interest rate or fees calculated for any period during Agent of such a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, thenContinuation, such interest rate and such fees for such period LIBOR Loan (other than a LIBOR Daily Floating Rate Loan) shall be automatically recalculated using correct Borrower Informationbecome a LIBOR Loan with an Interest Period of one (1) month on the last day of the current Interest Period. Administrative Agent shall promptly notify Borrower in writing each of any additional interest and fees due because of such recalculationthe Banks, and Borrower shall pay such additional interest either by telephone or fees due to Administrative Agentby facsimile, for the account of each Bank, within 5 at least two (2) Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following prior to the termination of this Agreement, and this provision the Interest Period in question in the event of such failure by Borrower to give such notice of Continuation. Any LIBOR Daily Floating Rate Loans shall not in any way limit any automatically Continue as such on each successive day until the Borrower gives notice to Administrative Agent of Administrative Agent’s the Conversion of such Loan to a LIBOR Loan with a different Interest Period or any Bank’s other rights under this Agreementto a Base Rate Loan.

Appears in 1 contract

Samples: Loan Agreement (Avalonbay Communities Inc)

Interest Periods; Renewals. In the case of the Term LIBORTerm SOFR Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of Loan; (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; (3) [reserved]; and only eight (4) only five (5) 8) discrete segments of a Ratable Loan Bank’s applicable Term Loans Ratable Loan bearing interest at a LIBOR Interest Ratebased upon SOFR for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Ratable Loan Bank’s Ratable Loan corresponding to a proportionate segment of each of the other Ratable Loan Banks’ Ratable Loans) and (4) only five (5) discrete segments of a Term Loan Bank’s applicable Term Loans bearing interest at a LIBOR Interest Ratebased upon SOFR for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Term Loan Bank’s applicable Term A-1 Loans and Term A-2 Loans corresponding to a proportionate segment of each of the other Term Loan Banks’ applicable Term A-1 Loans and Term A-2 Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR LIBORSOFR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall promptly notify Borrower in writing of any additional interest and fees due because of such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s ’s, a Fronting Bank’s, or any Bank’s other rights under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (JBG SMITH Properties)

Interest Periods; Renewals. In the case of the Term SOFR LIBOR Loans and Bid Rate Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of LoanDate; and (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; . Only twenty (3) [reserved]; and (4) only five (520) discrete segments of a Bank’s applicable Term Loans Ratable Loan bearing interest at SOFR a LIBOR Interest Rate, for a designated Interest Period Period, pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Bank’s Term Loans Ratable Loan corresponding to a proportionate segment of each of the other Banks’ applicable Term Ratable Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR LIBOR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time If Borrower shall fail to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered give notice to Administrative Agent, and if the applicable interest rate or fees calculated for any period during Agent of such a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, thenContinuation, such interest rate and such fees for such period LIBOR Loan (other than a LIBOR Daily Floating Rate Loan) shall be automatically recalculated using correct Borrower Informationbecome a LIBOR Loan with an Interest Period of one (1) month on the last day of the current Interest Period. Administrative Agent shall promptly notify Borrower in writing each of any additional interest and fees due because of such recalculationthe Banks, and Borrower shall pay such additional interest either by telephone or fees due to Administrative Agentby electronic mail, for the account of each Bank, within 5 at least two (2) Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following prior to the termination of this Agreement, and this provision the Interest Period in question in the event of such failure by Borrower to give such notice of Continuation. Any LIBOR Daily Floating Rate Loans shall not in any way limit any automatically Continue as such on each successive day until the Borrower gives notice to Administrative Agent of Administrative Agent’s the Conversion of such Loan to a LIBOR Loan with a different Interest Period or any Bank’s other rights under this Agreementto a Base Rate Loan.

Appears in 1 contract

Samples: Revolving Loan Agreement (Avalonbay Communities Inc)

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Interest Periods; Renewals. In the case of the Term SOFR LIBOR Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of Loan; (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; (3) [reserved]; and only eight (4) only five (5) 8) discrete segments of a Ratable Loan Bank’s applicable Term Loans Ratable Loan bearing interest at SOFR a LIBOR Interest Rate for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Ratable Loan Bank’s Ratable Loan corresponding to a proportionate segment of each of the other Ratable Loan Banks’ Ratable Loans) and (4) only five (5) discrete segments of a Term Loan Bank’s applicable Term Loans bearing interest at a LIBOR Interest Rate for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Term Loan Bank’s applicable Term A-1 Loans and Term A-2 Loans corresponding to a proportionate segment of each of the other Term Loan Banks’ applicable Term A-1 Loans and Term A-2 Loans). Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR LIBOR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall promptly notify Borrower in writing of any additional interest and fees due because of such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s ’s, a Fronting Bank’s, or any Bank’s other rights under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (JBG SMITH Properties)

Interest Periods; Renewals. In the case of each LIBOR Loan, the Revolving Credit Borrowers and the Term SOFR LoansLoan Borrower, Borrower as applicable, shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Termination Date, with respect to Revolving Credit Loans, or the Maturity Date for that type of Date, with respect to the Term Loan; (2) no Interest Period shall have a duration less than one (1) month, and if any such proposed Interest Period would otherwise be for a shorter period, such Interest Period shall not be available; (3) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless unless, such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; (3) [reserved]; Day and (4) only five (5) discrete segments of a Bank’s the applicable Revolving Credit Borrower or Term Loans bearing interest at SOFR for a designated Loan Borrower shall select an Interest Period pursuant so as not to require a particular Electionpayment or prepayment of any LIBOR Loan during an Interest Period for such LIBOR Loan. In addition, Conversion or Continuation, may the Revolving Credit Borrowers and the Term Loan Borrower agree that no more than six (6) Interest Periods can be outstanding in effect at any one time (each such segment of each Bank’s Term Loans corresponding to a proportionate segment of each of the other Banks’ applicable Term Loans)same time. Upon notice to the Administrative Agent as provided in Section 2.14, the Revolving Credit Borrowers and the Term Loan Borrower may Continue any SOFR LIBOR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period If the applicable interest rate for Revolving Credit Borrowers and the Obligations and certain fees set forth herein may be determined and/or adjusted from time Term Loan Borrower shall fail to time based upon certain financial ratios and/or other information to be provided or certified give notice to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any Administrative Agent of such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, thenContinuation, such interest rate and such fees for such period LIBOR Loan shall be automatically recalculated using correct Borrower Information. Administrative Agent shall promptly notify Borrower in writing become a Base Rate Loan on the last day of any additional interest and fees due because of such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s or any Bank’s other rights under this Agreementcurrent Interest Period.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Boundless Corp)

Interest Periods; Renewals. In the case of the Term SOFR LIBOR Loans, Borrower shall select an Interest Period in a Notice of Borrowing of any duration in accordance with the definition of Interest Period in Section 1.01, subject to the following limitations: (1) no Interest Period may extend beyond the applicable Maturity Date for that type of Loan; (2) if an Interest Period would end on a day which is not a U.S. Government Securities Banking Day, such Interest Period shall be extended to the next U.S. Government Securities Banking Day, unless such U.S. Government Securities Banking Day would fall in the next calendar month, in which event such Interest Period shall end on the immediately preceding U.S. Government Securities Banking Day; (3) [reserved]; and only eight (4) only five (5) 8) discrete segments of a Ratable Loan Bank’s applicable Term Loans Ratable Loan bearing interest at SOFR a LIBOR Interest Rate for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Ratable Loan Bank’s Ratable Loan corresponding to a proportionate segment of each of the other Ratable Loan Banks’ Ratable Loans) and (4) only five (5) discrete segments of a Term Loan Bank’s applicable Term Loans bearing interest at a LIBOR Interest Rate for a designated Interest Period pursuant to a particular Election, Conversion or Continuation, may be outstanding at any one time (each such segment of each Term Loan Bank’s applicable Term A-1 Loans and Term A-2 Loans corresponding to a proportionate segment of each of the other Term Loan Banks’ applicable Term A-1 Loans and Term A-2 Loans). 50 Upon notice to Administrative Agent as provided in Section 2.14, Borrower may Continue any SOFR LIBOR Loan on the last day of the Interest Period of the same or different duration in accordance with the limitations provided above. The parties understand that during a Leverage Pricing Period the applicable interest rate for the Obligations and certain fees set forth herein may be determined and/or adjusted from time to time based upon certain financial ratios and/or other information to be provided or certified to the Banks by Borrower (the “Borrower Information”). If it is subsequently determined that any such Borrower Information was incorrect (for whatever reason, including without limitation because of a subsequent restatement of earnings by Borrower) at the time it was delivered to Administrative Agent, and if the applicable interest rate or fees calculated for any period during a Leverage Pricing Period were lower than they should have been had the correct information been timely provided, then, such interest rate and such fees for such period shall be automatically recalculated using correct Borrower Information. Administrative Agent shall promptly notify Borrower in writing of any additional interest and fees due because of such recalculation, and Borrower shall pay such additional interest or fees due to Administrative Agent, for the account of each Bank, within 5 Banking Days of receipt of such written notice. Any recalculation of interest or fees required by this provision shall survive for a period of one year following the termination of this Agreement, and this provision shall not in any way limit any of Administrative Agent’s ’s, a Fronting Bank’s, or any Bank’s other rights under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (JBG SMITH Properties)

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