Common use of Loan Procedure Clause in Contracts

Loan Procedure. (a) Each borrowing of Revolver Loans hereunder, conversion of Revolver Loans from one Type to the other, and continuation of Revolver Loans that are LIBOR Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone. Each such notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan of, conversion to, or continuation of Revolver Loans that are LIBOR Loans or of any conversion of Revolver Loans that are LIBOR Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Loans, (ii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Revolver Loans to be borrowed, converted, or continued, (iv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans are to be converted, and (v) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 2 contracts

Samples: Pledge Agreement (Vail Resorts Inc), Pledge Agreement (Vail Resorts Inc)

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Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone(A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each such notice Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans or of any conversion of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Eurocurrency Rate Loans, (iiiii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iiiiv) the principal amount of Revolver Loans to be borrowed, converted, or continued, (ivv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vvi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Eurocurrency Rate Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Eurocurrency Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 2 contracts

Samples: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)

Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone(A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each such notice Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans or of any 39 conversion of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Eurocurrency Rate Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Eurocurrency Rate Loans, (iiiii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iiiiv) the principal amount of Revolver Loans to be borrowed, converted, or continued, (ivv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vvi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Eurocurrency Rate Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Eurocurrency Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

Loan Procedure. Subject to compliance with Section 5 (aor waiver by Lender of any of the terms hereof), the Borrower may request any Revolving Loan or WC Revolving Loan by submitting a Loan Request to Agent at least three (3) Each borrowing of Revolver Loans hereunder, conversion of Revolver Loans from one Type to the other, and continuation of Revolver Loans that are LIBOR Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone. Each such notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any proposed Loan of, conversion to, or continuation of Revolver Loans that are LIBOR Loans or of any conversion of Revolver Loans that are LIBOR Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Date for such Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Loans, (ii) which Loan Request shall include the requested date of the borrowing (such dateLoan, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Revolver Loans to be borrowed, converteda detailed description of the proposed use of proceeds of such Loan, or continued, (iv) and the election by Borrower of the Type of Revolver Loans to be borrowed or to which existing Revolver Loans are to be converted, and (v) if applicable, the duration of the Interest Period with respect theretoLoan. If Borrower fails to specify a Type, then a Loan shall be as a LIBOR Loan. Each Revolving Loan or WC Revolving Loan shall be allocated to each Lender according to its Applicable Percentage Interest. Following the receipt of a Loan Request (or written request from conversion of a Type of Revolver Loan to another Type), Agent shall promptly (but in no event less than one Business Day prior to the date that such Lender shall be required to make funds available with respect to a LIBOR Loan) notify each Lender of the amount of its Applicable Percentage Interest of the applicable Loan. Each Lender shall make the amounts of its Loan Notice available to Agent in immediately available funds at Agent’s principal office not later than 1:00pm on the Business Day specified in the applicable Loan Request. Upon satisfaction of the applicable conditions in Section 5, Agent shall make all funds so received available to Borrower in like funds as received by Agent either by (i) crediting the account of Borrower on the books of Cadence with the amount of such funds, or if Borrower fails (ii) wire transfer of such funds, in each case in accordance with instructions provided to give a timely notice requesting a conversion or continuation(and reasonably acceptable to) Agent by Borrower; provided however, that if, on the date of the Loan Request with respect to such borrowing is given by Borrower, there are L/C Borrowings outstanding, then the applicable Revolver Loans proceeds of such Loan, first shall be applied to the payment in full of any such L/C Borrowings, and second, shall be made as, or converted to, Base Rate Loansavailable to Borrower as provided above. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender Borrower and Lenders of its receipt the interest rate applicable to any Interest Period for any LIBOR Loan upon determination of such interest rate. At any time that a Base Rate Loan is outstanding, Agent shall notify Borrower and Lenders of any Loan Notice and its contentschange in Cadence’s Primate Rate used in determining the Base Rate promptly following the public announcement of such change.

Appears in 1 contract

Samples: Loan Agreement (BRP Group, Inc.)

Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are LIBOR Term Reference Rate Loans shall be made upon BorrowerXxxxxxxx’s irrevocable notice to Administrative Agent, which may be given by telephone(A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each such notice Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Term Reference Rate Loans or of any conversion of Revolver Loans or Term Loans that are LIBOR Term Reference Rate Loans to Base Daily SOFR Rate Loans, and (ii) on the requested date of any Base Daily SOFR Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Term Reference Rate Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR either Term Reference Rate Loans or Daily SOFR Rate Loans, (iiiii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iiiiv) the principal amount of Revolver Loans to be borrowed, converted, or continued, (ivv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vvi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base Daily SOFR Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Term Reference Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Daily SOFR Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Term Reference Rate Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Term Reference Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

Loan Procedure. (a) Each borrowing of Revolver Loans hereunder, conversion of Revolver Loans from one Type to the other, and each continuation of Revolver Loans that are LIBOR Loans shall be made upon Borrower’s 's irrevocable notice to Administrative Agent, which may be given by telephone. Each such notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan of, conversion to, or continuation of Revolver Loans that are LIBOR Loans or of any conversion of Revolver Loans that are LIBOR Loans to Base Rate Loans, and (ii) on the requested date of any Loan of Base Rate LoanLoans. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Loans, (ii) the requested date of the borrowing (such date, date a "Loan Date"), conversion, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Revolver Loans to be borrowed, converted, converted or continued, (iv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans are to be converted, and (v) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Vail Resorts Inc)

Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are LIBOR Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone(A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each such notice Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Loans or of any conversion of Revolver Loans or Term Loans that are LIBOR Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Loans, (iiiii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iiiiv) the principal amount of Revolver Loans to be borrowed, converted, or continued, (ivv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vvi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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Loan Procedure. (a) Each borrowing of Revolver Loans hereunder, conversion of Revolver Loans from one Type to the other, and continuation of Revolver Loans that are LIBOR Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone. Each such notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan of, conversion to, or continuation of Revolver Loans that are LIBOR Loans or of any conversion of Revolver Loans that are LIBOR Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Loans, (ii) the requested date of the borrowing (such date, a “Loan Date”), conversion, conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Revolver Loans to be borrowed, converted, converted or continued, (iv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans are to be converted, and (v) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans shall be made as, or converted to, Base Rate Loans. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are LIBOR EurocurrencyTerm Reference Rate Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone(A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each such notice Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR EurocurrencyTerm Reference Rate Loans or of any conversion of Revolver Loans or Term Loans that are LIBOR EurocurrencyTerm Reference Rate Loans to Base BaseDaily SOFR Rate Loans, and (ii) on the requested date of any Base BaseDaily SOFR Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR EurocurrencyTerm Reference Rate Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR Eurocurrencyeither Term Reference Rate Loans or Daily SOFR Rate Loans, (iiiii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iiiiv) the principal amount of Revolver Loans to be borrowed, converted, or continued, (ivv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vvi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base BaseDaily SOFR Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as EurocurrencyTerm Reference Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base BaseDaily SOFR Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR EurocurrencyTerm Reference Rate Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR EurocurrencyTerm Reference Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

Loan Procedure. (a) Each borrowing of Revolver Loans or Term Loans hereunder, conversion of Revolver Loans or Term Loans from one Type to the other, and continuation of Revolver Loans or Term Loans that are LIBOR LIBOREurocurrency Rate Loans shall be made upon Borrower’s irrevocable notice to Administrative Agent, which may be given by telephone(A) telephone or (B) a Loan Notice; provided that any telephone notice must be confirmed immediately by delivery to Administrative Agent of a Loan Notice. Each such notice Loan Notice must be received by Administrative Agent not later than 11:00 a.m. (i) three Business Days prior to the requested date of any Loan Revolver Loans or Term Loans of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR LIBOREurocurrency Rate Loans or of any conversion of Revolver Loans or Term Loans that are LIBOR LIBOREurocurrency Rate Loans to Base Rate Loans, and (ii) on the requested date of any Base Rate Loan. Each telephonic notice by Borrower pursuant to this Section 2.2 must be confirmed promptly by delivery to Administrative Agent of a written Loan Notice, appropriately completed and signed by a Responsible Officer of Borrower. Each borrowing of, conversion to, or continuation of Revolver Loans or Term Loans that are LIBOR LIBOREurocurrency Rate Loans shall be in amounts set forth in Section 2.1. Each Loan Notice (whether telephonic or written) shall specify (i) whether Borrower is requesting a Revolver Loan or a Term Loan, (ii) whether Borrower is requesting a Loan, a conversion of Revolver Loans from one Type to the other, or a continuation of Revolver Loans as LIBOR LIBOREurocurrency Rate Loans, (iiiii) the requested date of the borrowing (such date, a “Loan Date”), conversion, or continuation, as the case may be (which shall be a Business Day), (iiiiv) the principal amount of Revolver Loans to be borrowed, converted, or continued, (ivv) the Type of Revolver Loans to be borrowed or to which existing Revolver Loans or Term Loans are to be converted, and (vvi) if applicable, the duration of the Interest Period with respect thereto. If Borrower fails to specify a Type of Revolver Loan in a Loan Notice or if Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Revolver Loans or Term Loans shall be made as, or converted to, Base Rate Loans; provided, however, that in the case of a failure to timely request a continuation of Loans denominated in an Alternative Currency, such Loans shall be continued as Eurocurrency Rate Loans in their original currency with an Interest Period of one month. Any such automatic conversion to Base Rate Loans shall be effective as of the last day of the Interest Period then in effect with respect to the applicable Revolver Loans that are LIBOR LIBOREurocurrency Rate Loans. If Borrower requests a borrowing of, conversion to, or continuation of Revolver Loans that are LIBOR LIBOREurocurrency Rate Loans in any such Loan Notice, but fails to specify an Interest Period, it will be deemed to have specified an Interest Period of one month. Administrative Agent shall promptly notify each Lender of its receipt of any Loan Notice and its contents.

Appears in 1 contract

Samples: Credit Agreement (Vail Resorts Inc)

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