Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower: (i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin; (ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7; (iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin; (iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and (v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 4 contracts
Samples: Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)
Interest Rate Options. Subject to the provisions of this Section, at the election of the US Borrower, on behalf of itself and the Canadian Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the US Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement);
(ivii) Swingline Canadian Dollar Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Base Rate plus the Applicable Margin; and
(viii) Swingline Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable MarginMargin or (B) the Quoted Swingline Rate. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.4 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Revolving Credit Loan or any portion thereof as to which the US Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Loan. Any LIBOR Rate Loan or any portion thereof as to which the US Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan with an Interest Period of one (if such 1) month. Any Swingline Loan is or any portion thereof as to which the US Borrower has not duly specified an interest rate as provided herein shall be denominated in Canadian Dollars)deemed a Base Rate Loan.
Appears in 2 contracts
Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)
Interest Rate Options. Subject to the provisions of this Section, at the election of the US Borrower or the Canadian Borrower, as applicable:
(i) US Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin Rate or (B) the LIBOR Rate plus the Applicable MarginRate;
(ii) Canadian Revolving Credit Loans shall bear interest at (A) the Canadian Base Rate plus the Applicable Rate or (B) the CDOR Rate plus the Applicable Rate;
(iii) US Swingline Loans shall bear interest at the LIBOR Market Index Rate plus the Applicable Rate with respect to LIBOR Rate Loans that are Revolving Credit Loans; and
(iv) Canadian Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable MarginRate. The US Borrower or the Canadian Borrower, as applicable, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.25.2. Any US Revolving Credit Loan or Term Loan or any portion thereof as to which the US Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan. Any Canadian Revolving Credit Loan (if such Loan is or any portion thereof as to which the Canadian Borrower has not duly specified an interest rate as provided herein shall be denominated in Dollars) or deemed a Canadian Prime Base Rate Loan. Subject to Section 5.1(c), any LIBOR Rate Loan or any portion thereof as to which the applicable Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan with an Interest Period of one (if such Loan is 1) month. Notwithstanding the foregoing, the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the applicable Borrower has delivered to be denominated the Administrative Agent a letter in Canadian Dollars).form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement
Appears in 2 contracts
Samples: Credit Agreement (DXP Enterprises Inc), Credit Agreement (DXP Enterprises Inc)
Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan Loans denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.72.9;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and;
(v) Swingline Loans denominated in Dollars Dollars, the EDC Credit Loans and the Fairfax Credit Loans shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan (other than an Additional Credit Loan) at the time a Notice of Borrowing is given pursuant to Section 2.3 2.5 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 2 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Bowater Inc)
Interest Rate Options. (i) Subject to the provisions of this SectionSection 4.1(a), at the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower:
(i) ), the aggregate principal balance of any Dollar Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) Loan shall bear interest at (Ai) the Canadian Prime Alternate Base Rate plus the Applicable Margin Percentage for Alternate Base Rate Loans or (Bii) the LIBOR Rate plus the Applicable Margin;
Percentage for LIBOR Rate Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1(c). The Parent Borrower (ii) Revolving Credit Loan denominated in Canadian Dollars in on its own behalf or on behalf of the form of a BA Loan (and the Banker’s Acceptance applicable theretorelevant Subsidiary Borrower) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.2(b)(i) or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.22.3. Any Dollar Revolving Loan or any portion thereof as to which the Parent Borrower has not duly specified (i) an interest rate or has not given a type of Loan shall be deemed to be timely notice requesting a Revolving Credit Loan, (ii) a currency conversion or continuation as provided herein shall be deemed an Alternate Base Rate Loan.
(ii) At the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower), the aggregate principal balance of any Revolving Credit Loan denominated in (i) Euros, Sterling or any Optional Currency (other than Canadian Dollars) shall bear interest at the LIBOR Rate plus the Applicable Percentage for LIBOR Rate Loans or (ii) Canadian Dollars shall bear interest at (A) the Canadian Base Rate plus the Applicable Percentage for Canadian Base Rate Loans or (B) the CDOR Rate plus the Applicable Percentage for Canadian CDOR Loans; provided that each such interest rate shall be increased by any amount required pursuant to be Section 4.1(c). The Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower) shall select the Interest Period, if any, applicable to any Revolving Credit Loan denominated in Euros, Sterling or any Optional Currency, in each case at the time a Notice of Borrowing is given pursuant to Section 2.2(b)(i) or at the time a Notice of Conversion/Continuation is given pursuant to Section 2.3. Any Revolving Credit Loan denominated in Canadian Dollars or any portion thereof as to which the Parent Borrower has not duly specified an interest rate or has not given a timely notice requesting a conversion or continuation as provided herein shall be deemed a Canadian Base Rate Loan.
(iii) Subject to the provisions of this Section 4.1(a), at the election of the Parent Borrower, the aggregate principal balance of any Term Loan shall bear interest at (i) the Alternate Base Rate plus the Applicable Percentage for Alternate Base Rate Loans or (ii) the LIBOR Rate plus the Applicable Percentage for LIBOR Rate Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1(c). The Parent Borrower shall select the rate of interest and Interest Period, if any, applicable to any Term Loan at the time a Notice of Borrowing is given pursuant to Section 2.5(b)(i) or at the time a Notice of Conversion/Continuation is given pursuant to Section 2.5(e). Any Term Loan or any portion thereof as to which the Parent Borrower has not duly specified an interest rate as provided herein shall be deemed to be a an Alternate Base Rate Loan Loan.
(if such Loan is to be iv) All Swingline Loans denominated in Dollars) or a Canadian Prime Dollars will bear interest at the Daily Floating LIBOR Rate Loan (if such Loan is to be plus the Applicable Percentage for LIBOR Rate Loans. All Swingline Loans denominated in Canadian Dollars)Euros or Sterling will bear interest at the Euro Swingline Rate plus the Applicable Percentage for LIBOR Rate Loans.
Appears in 2 contracts
Samples: Credit Agreement (Brinks Co), Loan Agreement (Brinks Co)
Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s 's Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 2 contracts
Samples: Credit Agreement (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)
Interest Rate Options. Subject to the provisions of this Section, at the election of the US Borrower or the Canadian Borrower, as applicable:
(i) US Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin Rate or (B) the LIBOR Rate plus the Applicable MarginRate;
(ii) Canadian Revolving Credit Loans shall bear interest at (A) the Canadian Base Rate plus the Applicable Rate or (B) the LIBOR Rate plus the Applicable Rate;
(iii) US Swingline Loans shall bear interest at the LIBOR Market Index Rate plus the Applicable Rate with respect to LIBOR Rate Loans that are Revolving Credit Loans; and
(iv) Canadian Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable MarginRate. The US Borrower or the Canadian Borrower, as applicable, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.25.2. Any US Revolving Credit Loan or Term Loan or any portion thereof as to which the US Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan. Any Canadian Revolving Credit Loan (if such Loan is or any portion thereof as to which the Canadian Borrower has not duly specified an interest rate as provided herein shall be denominated in Dollars) or deemed a Canadian Prime Base Rate Loan. Subject to Section 5.1(c), any LIBOR Rate Loan or any portion thereof as to which the applicable Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan with an Interest Period of one (if such Loan is 1) month. Notwithstanding the foregoing, the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the applicable Borrower has delivered to be denominated the Administrative Agent a letter in Canadian Dollars).form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement
Appears in 1 contract
Interest Rate Options. Subject to the provisions of this SectionSection 4.1, at the election of the applicable Borrower:
, (i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
Margin (ivprovided that the LIBOR Rate shall not be available until (3) Swingline Business Days after the Closing Date), (ii) Revolving Credit Loans denominated in an Alternative Currency shall bear interest at the LIBOR Rate plus the Applicable Margin (provided that the LIBOR Rate shall not be available until (3) Business Days after the Closing Date), (iii) Canadian Dollars Dollar Loans shall bear interest at the Canadian Prime Base Rate plus the Applicable Margin; and
, and (viv) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The applicable Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.4 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Each Loan or portion thereof bearing interest based on the Base Rate (including, without limitation, each Swingline Loan) shall be a “Base Rate Loan” and each Loan or portion thereof bearing interest based on the LIBOR Rate shall be a “LIBOR Rate Loan.” Any Loan or any portion thereof as to which such Borrower has not duly specified an interest rate (excluding Alternative Currency Loans) as provided herein shall be deemed a Base Rate Loan denominated in Dollars. Requests for Alternative Currency Loans (other than Canadian Dollar Loans) as to which the Borrower has not duly specified (i) a type of Loan an interest rate and interest period shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base LIBOR Rate Loan for a one (if such Loan is to be denominated in Dollars1) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars)month interest period.
Appears in 1 contract
Samples: Credit Agreement (PRA International)
Interest Rate Options. Subject to the provisions of this Section, at the election of the BorrowerUS Borrowers or the Canadian Borrowers, as applicable:
a. (iA) US Revolving Credit Loans and any Term Loans denominated in Dollars shall bear interest at (A1) the Base Rate plus the Applicable Margin or (B2) Adjusted Term SOFR plus the Applicable Margin (provided that Adjusted Term SOFR shall not be available until three (3) US Government Securities Business Days after the First Amendment Effective Date unless the US Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement) and (B) Term Loans denominated in Dollars shall bear interest at (1) the Base Rate plus the Applicable Margin or (2) the LIBOR Rate plus the Applicable Margin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the US Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement);
b. Canadian Revolving Credit Loans and Term Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR CDOR Rate plus the Applicable Margin;
Margin (ivprovided that the CDOR Rate shall not be available until four (4) Swingline Loans denominated in Canadian Dollars shall bear interest at Business Days after the Closing Date unless the Canadian Prime Rate plus Borrowers have delivered to the Applicable Margin; and
(v) Swingline Loans denominated Administrative Agent a letter in Dollars shall bear interest at form and substance reasonably satisfactory to the Base Rate plus Administrative Agent indemnifying the Applicable Margin. The Borrower shall select Lenders in the type manner set forth in Section 5.9 of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollarsthis Agreement).;
Appears in 1 contract
Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;; -
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 1 contract
Samples: Credit Agreement (Bowater Inc)
Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement);
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s 's Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement);
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 1 contract
Interest Rate Options. Subject to the provisions of this SectionSection 4.1, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin applicable Borrower or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discountedBorrowers, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) a rate equal to the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (B) as set forth below and Revolving Credit Loans denominated in an Alternative Currency shall bear interest at a rate equal to the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Margin as set forth below; provided that, in accordance with Section 4.9, Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Base Rate, Loans denominated in Sterling shall bear interest at the Sterling Base Rate plus and Loans denominated in Deutschemarks shall bear interest at the Applicable Margin; and
(v) Swingline German Base Rate. However, the LIBOR Rate with respect to Loans denominated in Dollars shall not be available until three (3) Business Days after the Closing Date. Any Swingline Loan shall bear interest at the Base Rate plus the Applicable MarginMargin as set forth below. The applicable Borrower or Borrowers shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Each Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan". Any Loan or any portion thereof to be denominated in Dollars as to which the applicable Borrower has or Borrowers have not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars)Loan.
Appears in 1 contract
Samples: Credit Agreement (Acc Corp)
Interest Rate Options. Subject to the provisions of this Section, at the election of the US Borrowers or the Canadian Borrower, as applicable:
(i) US Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit any Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the US Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement);
(ivii) Swingline Canadian Revolving Credit Loans and Term Loans denominated in Canadian Dollars shall bear interest at (A) the Canadian Prime Base Rate plus the Applicable Margin; andMargin or (B) the CDOR Rate plus the Applicable Margin (provided that the CDOR Rate shall not be available until four (4) Business Days after the Closing Date unless the Canadian Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement);
(viii) US Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin; and
(iv) Canadian Swingline Loans shall bear interest at the Canadian Base Rate plus the Applicable Margin. The Borrower US Borrowers or the Canadian Borrower, as applicable, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.25.2. Any US Revolving Credit Loan or Term Loan denominated in Dollars or any portion thereof as to which a US Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Any Canadian Revolving Credit Loan or Term Loan denominated in Canadian Dollars or any portion thereof as to which the Canadian Borrower has not duly specified an interest rate as provided herein shall be deemed a Canadian Base Rate Loan. Subject to Section 5.1(b), any LIBOR Rate Loan or CDOR Rate Loan or any portion thereof as to which the applicable Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency an Interest Period as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base LIBOR Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime CDOR Rate Loan with an Interest Period of one (if such Loan is to be denominated in Canadian Dollars)1) month.
Appears in 1 contract
Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s 's Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;; -
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 1 contract
Interest Rate Options. Subject to the provisions of this SectionSection 6.1, at the election of the US Borrower, on behalf of itself and the Canadian Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin Rate or (B) the LIBOR Rate plus the Applicable MarginRate (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the US Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 6.9 of this Agreement);
(ivii) Swingline Canadian Revolving Credit Loans denominated in Canadian Dollars shall bear interest at (A) the Canadian Prime Base Rate plus the Applicable MarginRate or (B) the LIBOR Rate plus the Applicable Rate (provided that the LIBOR Rate shall not be available with respect to Canadian Revolving Credit Loans unless the Canadian Borrower and the US Borrower have delivered to the Administrative Agent, at least three (3) Business Days prior to the Closing Date, a letter in form and substance satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 6.9 of this Agreement); and
(viii) any Swingline Loans denominated in Dollars Loan shall bear interest at the Base Rate plus the Applicable MarginRate. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.3(a), Section 4.2(a) or Section 5.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.26.2. Any Revolving Credit Loan or Term Loan or any portion thereof as to which the US Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan. Any Canadian Revolving Credit Loan (if such Loan is or any portion thereof as to which the US Borrower, on behalf of the Canadian Borrower, has not duly specified an interest rate as provided herein shall be denominated in Dollars) or deemed a Canadian Prime Base Rate Loan. Subject to Section 6.1(c), any LIBOR Rate Loan or any portion thereof as to which the US Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan with an Interest Period of one (if such Loan is to be denominated in Canadian Dollars)1) month.
Appears in 1 contract
Interest Rate Options. (i) Subject to the provisions of this SectionSection 4.1(a), at the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower:
(i) ), the aggregate principal balance of any Dollar Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) Loan shall bear interest at (Ai) the Canadian Prime Alternate Base Rate plus the Applicable Margin Percentage for Alternate Base Rate Loans or (Bii) the LIBOR Rate plus the Applicable Margin;
Percentage for LIBOR Rate Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1(c). The Parent Borrower (ii) Revolving Credit Loan denominated in Canadian Dollars in on its own behalf or on behalf of the form of a BA Loan (and the Banker’s Acceptance applicable theretorelevant Subsidiary Borrower) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.2(b)(i) or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.22.3. Any Dollar Revolving Loan or any portion thereof as to which the Parent Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a an Alternate Base Rate Loan.
(ii) At the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower), the aggregate principal balance of any Revolving Credit Loan (if such Loan is to be denominated in (i) Euros, Sterling or any Optional Currency (other than Canadian Dollars) shall bear interest at the LIBOR Rate plus the Applicable Percentage for LIBOR Rate Loans or (ii) Canadian Dollars shall bear interest at (A) the Canadian Base Rate plus the Applicable Percentage for Canadian Base Rate Loans or (B) the CDOR Rate plus the Applicable Percentage for Canadian CDOR Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1(c). The Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower) shall select the Interest Period, if any, applicable to any Revolving Credit Loan denominated in Euros, Sterling or any Optional Currency, in each case at the time a Canadian Prime Rate Notice of Borrowing is given pursuant to Section 2.2(b)(i) or at the time a Notice of Conversion/Continuation is given pursuant to Section 2.3. Any Revolving Credit Loan (if such Loan is to be denominated in Canadian DollarsDollars or any portion thereof as to which the Parent Borrower has not duly specified an interest rate as providing herein shall be deemed a Canadian Base Rate Loan.
(iii) Subject to the provisions of this Section 4.1(a), at the election of the Parent Borrower, the aggregate principal balance of any Term Loan shall bear interest at (i) the Alternate Base Rate plus the Applicable Percentage for Alternate Base Rate Loans or (ii) the LIBOR Rate plus the Applicable Percentage for LIBOR Rate Loans; provided that each such interest rate shall be increased by any amount 93782947_8 required pursuant to Section 4.1(c). The Parent Borrower shall select the rate of interest and Interest Period, if any, applicable to any Term Loan at the time a Notice of Borrowing is given pursuant to Section 2.2(b)(i) or at the time a Notice of Conversion/Continuation is given pursuant to Section 2.5(e). Any Term Loan or any portion thereof as to which the Parent Borrower has not duly specified an interest rate as provided herein shall be deemed an Alternate Base Rate Loan.
(iv) All Swingline Loans (other than MXN Swingline Loans and French Swingline Loans) will bear interest at the LIBOR Market Index Rate plus the Applicable Percentage for LIBOR Rate Loans.
(v) All MXN Swingline Loans will bear interest at a rate per annum agreed to by the applicable MXN Subsidiary Borrower and the applicable MXN Swingline Lender.
(vi) All French Swingline Loans will bear interest at a rate per annum agreed to by the applicable French Subsidiary Borrower and the applicable French Swingline Lender.
Appears in 1 contract
Samples: Credit Agreement (Brinks Co)
Interest Rate Options. Subject to Eurodollar Rate Loans, Base Rate Loans and, in the provisions case of this Sectionthe Canadian Facilities only, Bankers' Acceptances may be outstanding at the same time and, so long as no Default or Event of Default shall have occurred and be continuing, the applicable Facility Borrower shall have the option to elect the Type of Loan and the duration of the initial and any subsequent Interest Periods and to Convert Revolving Credit Loans and Segments of the Term Loans (including, in the case of the Canadian Term Loan only, Bankers' Acceptance Segments) in accordance with Sections 2.2(c)(i) and 4.3, as applicable; provided, however, (a)
(a) there shall not be outstanding at any one time Eurodollar Rate Segments having more than five (5) different Interest Periods under the US Term Loan Facility or Eurodollar Rate Segments having more than three (3) different Interest Periods under the Canadian Term Loan Facility, (b) there shall not be outstanding at any one time Eurodollar Rate Loans having more than ten (10) different Interest Periods under the US Revolving Credit Facility, Eurodollar Rate Loans having more than four (4) different Interest Periods under the Canadian Revolving Credit Facility, or Bankers' Acceptances under the Canadian Revolving Credit Facility having more than two (2) different periods, (c) each Eurodollar Rate Loan (including each Conversion into and each Continuation as a Eurodollar Rate Loan) shall be in the Dollar Equivalent Amount of $100,000 or, if greater than the Dollar Equivalent Amount of $100,000, an integral multiple of the Dollar Equivalent Amount of $100,000, and (d) no Eurodollar Rate Segment shall have an Interest Period that extends beyond the Term Loan Termination Date and no other Eurodollar Rate Loan shall have an Interest Period that extends beyond the Stated Termination Date. If the Relevant Agent does not receive a Borrowing Notice or an Interest Rate Selection Notice giving notice of election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin duration of an Interest Period or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit of Conversion of any Loan denominated in Canadian Dollars in the form to or Continuation of a BA Loan (as a Eurodollar Rate Loan by the time prescribed by Sections 2.2(c)(i) and the Banker’s Acceptance applicable thereto) shall be discounted4.3, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loanas applicable, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Facility Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, have elected to obtain or Convert such Loan to (iior Continue such Loan as) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if until such Loan is to be denominated Facility Borrower notifies the applicable Agent in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars)accordance with Section 4.
Appears in 1 contract
Samples: Credit Agreement (Consoltex Usa Inc)
Interest Rate Options. (a) Subject to the provisions of this SectionSection 4.1.1, at the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower:
(i) ), the aggregate principal balance of any Dollar Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) Loan shall bear interest at (Ai) the Canadian Prime Alternate Base Rate plus the Applicable Margin Percentage for Alternate Base Rate Loans or (Bii) the LIBOR Rate plus the Applicable Margin;
Percentage for LIBOR Rate Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1.3. The Parent Borrower (ii) Revolving Credit Loan denominated in Canadian Dollars in on its own behalf or on behalf of the form of a BA Loan (and the Banker’s Acceptance applicable theretorelevant Subsidiary Borrower) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.2.2(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.22.3. Any Dollar Revolving Loan or any portion thereof as to which the Parent Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a an Alternate Base Rate Loan.
(b) At the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower), the aggregate principal balance of any Revolving Loan (if such Loan is to be denominated in (i) Euros, Sterling or any Optional Currency (other than Canadian Dollars) shall bear interest at the LIBOR Rate plus the Applicable Percentage for LIBOR Rate Loans or a (ii) Canadian Prime Dollars shall bear interest at (A) the Canadian Base Rate plus the Applicable Percentage for Canadian Base Rate Loans or (B) the CDOR Rate plus the Applicable Percentage for Canadian CDOR Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1.3. The Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower) shall select the Interest Period, if any, applicable to any Revolving Loan (if such Loan is to be denominated in Canadian Dollars)Euros, Sterling or any Optional Currency, in each case at the time a Notice of Borrowing is given pursuant to Section 2.2.2(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 2.3.
Appears in 1 contract
Samples: Credit Agreement (Brinks Co)
Interest Rate Options. Subject to the provisions of this Section, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement);
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement);
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Loan or any portion thereof as to which the Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars).
Appears in 1 contract
Samples: Credit Agreement (Bowater Inc)
Interest Rate Options. Subject to the provisions of this Section, at the election of the BorrowerUS Borrowers or the Canadian Borrowers, as applicable:
(i) US Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit any Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable MarginMargin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the US Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement);
(ivii) Swingline Canadian Revolving Credit Loans and Term Loans denominated in Canadian Dollars shall bear interest at (A) the Canadian Prime Base Rate plus the Applicable Margin; andMargin or (B) the CDOR Rate plus the Applicable Margin (provided that the CDOR Rate shall not be available until four (4) Business Days after the Closing Date unless the Canadian Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement);
(viii) US Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin; and
(iv) Canadian Swingline Loans shall bear interest at the Canadian Base Rate plus the Applicable Margin. The Borrower US Borrowers or the Canadian Borrowers, as applicable, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.25.2. Any US Revolving Credit Loan or Term Loan denominated in Dollars or any portion thereof as to which a US Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Any Canadian Revolving Credit Loan or Term Loan denominated in Canadian Dollars or any portion thereof as to which a Canadian Borrower has not duly specified an interest rate as provided herein shall be deemed a Canadian Base Rate Loan. Subject to Section 5.1(b), any LIBOR Rate Loan or CDOR Rate Loan or any portion thereof as to which the applicable Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency an Interest Period as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base LIBOR Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime CDOR Rate Loan with an Interest Period of one (if such Loan is to be denominated in Canadian Dollars).1) month. 146960219_6
Appears in 1 contract
Interest Rate Options. (a) Subject to the provisions of this SectionSection 4.1.1, at the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower:
(i) ), the aggregate principal balance of any Dollar Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) Loan shall bear interest at (Ai) the Canadian Prime Alternate Base Rate plus the Applicable Margin Percentage for Alternate Base Rate Loans or (Bii) the LIBOR Rate plus the Applicable Margin;
Percentage for LIBOR Rate Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1.3. The Parent Borrower (ii) Revolving Credit Loan denominated in Canadian Dollars in on its own behalf or on behalf of the form of a BA Loan (and the Banker’s Acceptance applicable theretorelevant Subsidiary Borrower) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(iv) Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.2.2(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.22.3. Any Dollar Revolving Loan or any portion thereof as to which the Parent Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a an Alternate Base Rate Loan.
(b) TheAt the election of the Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower), the aggregate principal balance of any Revolving Loan (if such Loan is to be denominated in (i) Euros, Sterling or any Optional Currency (other than Canadian Dollars) shall bear interest at the LIBOR Rate plus the Applicable Percentage for LIBOR Rate Loans; provided that or a (ii) Canadian Prime Dollars shall bear interest at (A) the Canadian Base Rate plus the Applicable Percentage for Canadian Base Rate Loans or (B) the CDOR Rate plus the Applicable Percentage for Canadian CDOR Loans; provided that each such interest rate shall be increased by any amount required pursuant to Section 4.1.3. The Parent Borrower (on its own behalf or on behalf of the relevant Subsidiary Borrower) shall select the Interest Period, if any, applicable to any Revolving Loan (if such Loan is to be denominated in Canadian Dollars)Euros, Sterling or any Optional Currency, in each case at the time a Notice of Borrowing is given pursuant to Section 2.2.2(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 2.3.
(c) A Competitive Bid Loan will bear interest at the Competitive Bid Rate specified in the Competitive Bid accepted by the Parent Borrower with respect to such Competitive Bid Loan.
(d) All Swingline Loans will bear interest at the LIBOR Market Index Rate plus the Applicable Percentage for LIBOR Rate Loans.
Appears in 1 contract
Samples: Credit Agreement (Brinks Co)
Interest Rate Options. Subject to the provisions of this Section, at the election of the US Borrowers or the Canadian Borrower, as applicable:
(i) US Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit any Incremental Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ivii) Swingline Canadian Revolving Credit Loans and Term Loans denominated in Canadian Dollars shall bear interest at (A) the Canadian Prime Base Rate plus the Applicable Margin or (B) the CDOR Rate plus the Applicable Margin; and;
(viii) US Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin; and
(iv) Canadian Swingline Loans shall bear interest at the Canadian Base Rate plus the Applicable Margin. The Borrower US Borrowers or the Canadian Borrower, as applicable, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.25.2. Any US Revolving Credit Loan or Term Loan or any portion thereof as to which a US Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Any Canadian Revolving Credit Loan or any portion thereof as to which the Canadian Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Canadian Base Rate Loan. Subject to Section 5.1(b), any LIBOR Rate Loan (if such or CDOR Rate Loan is or any portion thereof as to which the applicable Borrower has not duly specified an Interest Period as provided herein shall be denominated in Dollars) deemed a LIBOR Rate Loan or a Canadian Prime CDOR Rate Loan with an Interest Period of one (if such Loan is 1) month. Notwithstanding the foregoing, the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the applicable Borrower has delivered to be denominated the Administrative Agent a letter in Canadian Dollarsform and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement).
Appears in 1 contract
Interest Rate Options. Subject to the provisions of this SectionSection 4.1, at the election of the Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin applicable Borrower or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discountedBorrowers, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) a rate equal to the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (B) as set forth below and Revolving Credit Loans denominated in an Alternative Currency shall bear interest at a rate equal to the LIBOR Rate plus the Applicable Margin;
(ivMargin as set forth below; provided that, in accordance with Sections 4.1(d) Swingline and 4.8, Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Base Rate, and Loans denominated in Dollars Sterling shall bear interest at the Sterling Base Rate. However, the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date. Any Swingline Loan shall bear interest at the Base Rate plus the Applicable MarginMargin as set forth below. The applicable Borrower or Borrowers shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Each Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan". Any Loan or any portion thereof to be denominated in Dollars as to which the applicable Borrower has or Borrowers have not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars)Loan.
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Samples: Credit Agreement (Acc Corp)
Interest Rate Options. Subject to the provisions of this Section, at the election of the US Borrower, on behalf of itself and the Canadian Borrower:
(i) Revolving Credit Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Term Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;Margin (provided that the LIBOR Rate shall not be available with respect to the Initial Term Loan until three (3) Business Days after the Second Amendment Effective Date unless the US Borrower has delivered to the Administrative Agent a letter in form and substance satisfactory to the Administrative Agent indemnifying the Term Loan Lenders in the manner set forth in Section 4.9 of this Agreement); [Second Amendment – SCP Pool Corporation] 49
(ivii) Swingline Canadian Dollar Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Base Rate plus the Applicable Margin; and
(viii) Swingline Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable MarginMargin or (B) the Quoted Swingline Rate. The Borrower US Borrower, on behalf of itself and the Canadian Borrower, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 2.4 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.2. Any Revolving Credit Loan or Term Loan or any portion thereof as to which the US Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency as provided herein shall be deemed to be a Revolving Credit Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base Rate Loan (if such Loan is to be denominated in Dollars) or a Canadian Prime Loan. Any LIBOR Rate Loan or any portion thereof as to which the US Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan with an Interest Period of one (if such 1) month. Any Swingline Loan is or any portion thereof as to which the US Borrower has not duly specified an interest rate as provided herein shall be denominated in Canadian Dollars)deemed a Base Rate Loan.
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Interest Rate Options. Subject to the provisions of this Section, at the election of the BorrowerUS Borrowers or the Canadian Borrowers, as applicable:
(i1) (A) US Revolving Credit Loans and any Term Loans denominated in Dollars shall bear interest at (1A) the Base Rate plus the Applicable Margin or (2B) Adjusted Term SOFR plus the Applicable Margin (provided that Adjusted Term SOFR shall not be available until three (3) US Government Securities Business Days after the First Amendment Effective Date unless the US Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement) and (B) Term Loans denominated in Dollars shall bear interest at (1) the Base Rate plus the Applicable Margin or (2) the LIBOR Rate plus the Applicable Margin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the US Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement;;
(2) Canadian Revolving Credit Loans and Term Loans denominated in Canadian Dollars (other than BA Loans) shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin;
(ii) Revolving Credit Loan denominated in Canadian Dollars in the form of a BA Loan (and the Banker’s Acceptance applicable thereto) shall be discounted, and shall otherwise be subject to such other terms and conditions, set forth in Section 2.7;
(iii) Revolving Credit Loans denominated in Dollars shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR CDOR Rate plus the Applicable MarginMargin (provided that the CDOR Rate shall not be available until four (4) Business Days after the Closing Date unless the Canadian Borrowers have delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement);
(iv3) US Swingline Loans denominated in Canadian Dollars shall bear interest at the Canadian Prime Rate plus the Applicable Margin; and
(v) Swingline Loans denominated in Dollars shall bear interest at the Base Rate plus the Applicable Margin; and
(4) Canadian Swingline Loans shall bear interest at the Canadian Base Rate plus the Applicable Margin. The Borrower US Borrowers or the Canadian Borrowers, as applicable, shall select the type of Loan, the applicable Permitted Currency, the rate of interest and the Interest Period, if any, applicable to any Loan at the time a Notice of Borrowing is given pursuant to Section 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 4.25.2. Any US Revolving Credit Loan or Term Loan denominated in Dollars or any portion thereof as to which a US Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Any Canadian Revolving Credit Loan or Term Loan denominated in Canadian Dollars or any portion thereof as to which a Canadian Borrower has not duly specified an interest rate as provided herein shall be deemed a Canadian Base Rate Loan. Subject to Section 5.1(b), any LIBOR Rate Loan, SOFR Loan or CDOR Rate Loan or any portion thereof as to which the applicable Borrower has not duly specified (i) a type of Loan shall be deemed to be a Revolving Credit Loan, (ii) a currency an Interest Period as provided herein shall be deemed to be a Revolving Credit LIBOR Rate Loan, SOFR Loan denominated in Canadian Dollars or (iii) an interest rate as provided herein shall be deemed to be a Base CDOR Rate Loan with an Interest Period of one (if such Loan is to be denominated in Dollars1) or a Canadian Prime Rate Loan (if such Loan is to be denominated in Canadian Dollars)month.
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