Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.12; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five (5) separate traunches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent in the form of Exhibit B, signed by a Duly Authorized Officer of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying: (a) The Borrowing Date, which shall be a Business Day, of such Loan; (b) The type and aggregate amount of such Loan; (c) The Rate Option selected for such Loan; and (d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, shall be automatically converted to a Base Rate Loan on and after the last day of such Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date.
Appears in 3 contracts
Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower Borrowers may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.122.10; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance amount shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) and in integral multiples of Fifty Thousand Dollars ($50,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five three (53) separate traunches tranches of Libor Loans. Revolving Subject to the first proviso in Section 2.5(a) hereof, Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides Borrowers provide a Borrowing Notice to the Administrative Agent Lender in form and substance reasonably acceptable to the form of Exhibit BLender, signed by a Duly Authorized Officer on behalf of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent Lender not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Conversion Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at At the end of an a Libor Interest Period for an outstanding Libor Loan, as long as no Event of Default exists at any time, such Loan will automatically be continued for successive Libor Interest Periods (unless and until such time as the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, shall be automatically converted to a Base Rate Loan on Borrowers otherwise notify the Lender in writing and after the last day Borrowers are in compliance with the other terms and conditions of this Agreement (including payment of such Libor Interest Period until paid or until Loan and any required payment pursuant to Section 3.4 hereof), and otherwise subject to the effective date of a new Rate Option with respect thereto selected by the Borrowerfirst proviso in Section 2.5(a) hereof). An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower Borrowers may not select a Libor Rate for a Revolving Loan if there exists a Default or an Event of Default. The Borrower Borrowers shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Maturity Date.
Appears in 3 contracts
Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc), Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.122.13; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) 250,000 and in integral multiples of One Hundred Thousand Dollars ($100,000) 50,000 thereafter; and (ii) there shall not exist at any one time outstanding more than five twelve (512) separate traunches tranches of Libor Loans. Revolving Loans Borrower shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides deliver to Administrative Agent a Borrowing Notice to the Administrative Agent in the form of Exhibit B, signed by a Duly Authorized Officer of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate A (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent ) not later than two (2) Business Days before the each Borrowing Date for each Libor Loan, specifyingDate. Each Borrowing Notice shall be signed by a Duly Authorized Officer of Borrower and specify:
(a) The Borrowing Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The irrevocable Rate Option selected for such Loan; and
(d) The If applicable, the Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, Loan shall be automatically converted to a Base Rate Loan on and after the last day of such Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time time, and a Libor Loan may be continued (at the end of a Libor Interest Period) for another Libor Interest Period subject to Borrower providing at least two (2) Business Days prior written notice of such conversion or continuation and the notice provisions applicable to the type of Loan Libor Interest Period selected. The Borrower may not select a Libor Rate for a Revolving Loan if there then exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date. Administrative Agent will promptly notify each Lender of its receipt of a Borrowing Note or notice of conversion or continuation pursuant to this Section 2.13 or, if no timely notice is provided by Borrower, of the details of any automatic conversion. Administrative Agent will, upon written request of Borrower or any Lender, deliver to Borrower or such Lender a statement showing the computations used by Administrative Agent in determining any applicable Libor Rate hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (ExamWorks Group, Inc.), Loan and Security Agreement (ExamWorks Group, Inc.)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving any part of the Term Loan as provided in this Section 2.122.9; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five three (53) separate traunches tranches of Libor Loans. Revolving Loans The Term Loan shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent Lender in the form of Exhibit B, signed by a Duly Authorized Officer of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are Term Loan is to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent Lender not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Date, which shall be a Business Day, of such part of the Term Loan;
(b) The type and aggregate amount of such part of the Term Loan;
(c) The Rate Option selected for such part of the Term Loan; and
(d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if that part of the Term Loan shall continue as a Revolving Loan, shall be automatically converted to a Base Rate Libor Loan with the same Libor Interest Period duration on and after the last day of such ending Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Term Loan selected. The Borrower may not select a Libor Rate for a Revolving the Term Loan if there exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date.
Appears in 2 contracts
Samples: Term Loan and Security Agreement (Tandem Health Care, Inc.), Term Loan and Security Agreement (Tandem Health Care, Inc.)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.12; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five (5) separate traunches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent Lender in the form of Exhibit B, signed by a Duly Authorized Officer of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent Lender not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a1) The Borrowing Date, which shall be a Business Day, of such Loan;
(b2) The type and aggregate amount of such Loan;
(c3) The Rate Option selected for such Loan; and
(d4) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, shall be automatically converted to a Base Rate Loan on and after the last day of such Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date.
Appears in 1 contract
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may At all times during the term of this Agreement that Libor Loans are available under applicable law and the terms of this Agreement, the Borrowers hereby select a the Libor Rate with respect to a Revolving Loan as provided in this Section 2.12; providedall, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount but not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples all, of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there the amount of the Loan from time to time outstanding. Notwithstanding anything contained herein to the contrary, the Loan shall not exist at any one time outstanding more than five (5) separate traunches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus unless Libor Loans are unavailable as determined by Lender. Subject to Section 3 of this Agreement, in the Applicable event the Lender determines that Libor Loans are unavailable for any reason, the Loan shall automatically convert to a Base Rate Margin unless Loan. In such event, the Borrowers hereby agree that, as soon as Lender has notified Borrower provides a Borrowing Notice that Libor Loans have become available, the Borrowers shall have automatically be deemed to have selected the Administrative Agent in the form of Exhibit BLibor Rate with respect to all, signed by a Duly Authorized Officer but not less than all, of the Borrower, irrevocably electing that all or a portion amount of the Revolving Loans are to bear interest Loan outstanding at such time with a Libor Rate (Conversion Date as selected by the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable theretoLender. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at At the end of an a Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option as long as no Default or to pay Event of Default exists at any time, such Libor Loan, then such Loan, if a Revolving Loan, shall Loan will automatically be automatically converted to a Base Rate Loan on and after the last day of such continued for successive Libor Interest Period until paid or until Periods subject to the effective date of a new Rate Option with respect thereto selected by the Borrowerfirst proviso in Section 2.5(a) hereof. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject as set forth in this Section 2.10. Unless otherwise agreed to by Lender, the notice provisions applicable to the type of Loan selected. The Borrower Borrowers may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of Default, and in such event, Lender may elect to indicate that Libor Loans shall be deemed “unavailable” for purposes of this Agreement. The Borrower shall select No Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not may expire after the end of the Credit Termination DateMaturity Date and, in such case, Loans will bear interest at the Base Rate during such period.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.12; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five (5) separate traunches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent in the form of Exhibit B, signed by a Duly Authorized Officer of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:: -43-
(a) The Borrowing Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, shall be automatically converted to a Base Rate Loan on and after the last day of such Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date.
Appears in 1 contract
Samples: Revolving Loan and Security Agreement (Diversicare Healthcare Services, Inc.)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.12; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five three (53) separate traunches tranches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent Lender in the form of Exhibit BC, signed by a Duly Authorized Officer of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent Lender not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, Loan shall be automatically converted to a Base Rate Loan on and after the last day of such Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date.
Appears in 1 contract
Samples: Loan and Security Agreement (Tandem Health Care, Inc.)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.122.10; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance amount shall be in an amount not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples of One Hundred Thousand Dollars ($100,000) and in integral multiples of Fifty Thousand Dollars ($50,000) thereafter; and (ii) there shall not exist at any one time outstanding more than five three (53) separate traunches tranches of Libor Loans. Revolving Subject to the first proviso in Section 2.5(a) hereof, Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent Lender in form and substance reasonably acceptable to the form of Exhibit BLender, signed by a Duly Authorized Officer on behalf of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent Lender not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Conversion Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at At the end of an a Libor Interest Period for an outstanding Libor Loan, as long as no Event of Default exists at any time, such Loan will automatically be continued for successive Libor Interest Periods (unless and until such time as the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, shall be automatically converted to a Base Rate Loan on otherwise notifies the Lender in writing and after the last day Borrower is in compliance with the other terms and conditions of this Agreement (including payment of such Libor Interest Period until paid or until Loan and any required payment pursuant to Section 3.4 hereof), and otherwise subject to the effective date of a new Rate Option with respect thereto selected by the Borrowerfirst proviso in Section 2.5(a) hereof). An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or an Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Maturity Date.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Cornerstone Core Properties REIT, Inc.)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The At all times during the term of this Agreement that Libor Loans are available under applicable law and the terms of this Agreement, the Borrower may select a hereby selects the Libor Rate with respect to a Revolving Loan as provided in this Section 2.12; providedall, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount but not less than Five Hundred Thousand Dollars ($500,000) and in integral multiples all, of One Hundred Thousand Dollars ($100,000) thereafter; and (ii) there the amount of the Loan from time to time outstanding. Notwithstanding anything contained herein to the contrary, the Loan shall not exist at any one time outstanding more than five (5) separate traunches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus unless Libor Loans are unavailable as determined by Lender. Subject to Section 3 of this Agreement, in the Applicable event the Lender determines that Libor Loans are unavailable for any reason, the Loan shall automatically convert to a Base Rate Margin unless Loan. In such event, the Borrower provides a Borrowing Notice hereby agrees that, as soon as Lender has notified Borrower that Libor Loans have become available, the Borrower shall have automatically be deemed to have selected the Administrative Agent in the form of Exhibit BLibor Rate with respect to all, signed by a Duly Authorized Officer but not less than all, of the Borrower, irrevocably electing that all or a portion amount of the Revolving Loans are to bear interest Loan outstanding at such time with a Libor Rate (Conversion Date as selected by the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable theretoLender. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at At the end of an a Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option as long as no Default or to pay Event of Default exists at any time, such Libor Loan, then such Loan, if a Revolving Loan, shall Loan will automatically be automatically converted to a Base Rate Loan on and after the last day of such continued for successive Libor Interest Period until paid or until Periods subject to the effective date of a new Rate Option with respect thereto selected by the Borrowerfirst proviso in Section 2.5(a) hereof. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject as set forth in this Section 2.10. Unless otherwise agreed to by Lender, the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of DefaultDefault and in such event, Lender may elect to indicate that Libor Loans shall be deemed “unavailable” for purposes of this Agreement. The Borrower shall select No Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not may expire after the end of the Credit Termination DateMaturity Date and, in such case, the Loan will bear interest at the Base Rate during such period.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Summit Healthcare REIT, Inc)
Method of Selecting Rate Options; Additional Provisions Regarding Libor Loans. The Borrower may select a Libor Rate with respect to a Revolving Loan as provided in this Section 2.122.9; provided, however, that with respect to each and all Libor Loans made hereunder (i) the initial advance shall be in an amount not less than Five One Hundred Thousand and No/100 Dollars ($500,000100,000.00) and in integral multiples of One Hundred Fifty Thousand and No/100 Dollars ($100,00050,000.00) thereafter; and (ii) there shall not exist at any one time outstanding more than five (5) separate traunches tranches of Libor Loans. Revolving Loans shall bear interest at the Base Rate plus the Applicable Base Rate Margin unless the Borrower provides a Borrowing Notice to the Administrative Agent Lender in the form of Exhibit Band substance reasonably acceptable to Lender, signed by a Duly Authorized Officer on behalf of the Borrower, irrevocably electing that all or a portion of the Revolving Loans are to bear interest at a Libor Rate (the “Borrowing Notice”). The Borrowing Notice shall be delivered to the Administrative Agent Lender not later than two (2) Business Days before the Borrowing Date for each Libor Loan, specifying:
(a) The Borrowing Date, which shall be a Business Day, of such Loan;
(b) The type and aggregate amount of such Loan;
(c) The Rate Option selected for such Loan; and
(d) The Libor Interest Period applicable thereto. Each Libor Loan shall bear interest from and including the first day of the Libor Interest Period applicable thereto to (but not including) the last day of such Libor Interest Period at the interest rate determined as applicable to such Libor Loan. If at the end of an Libor Interest Period for an outstanding Libor Loan, the Borrower has failed to select a new Rate Option or to pay such Libor Loan, then such Loan, if a Revolving Loan, Loan shall be automatically converted to a Base Rate Loan on and after the last day of such Libor Interest Period until paid or until the effective date of a new Rate Option with respect thereto selected by the Borrower. An outstanding Revolving Loan that is a Base Rate Loan may be converted to a Libor Loan at any time subject to the notice provisions applicable to the type of Loan selected. The Borrower may not select a Libor Rate for a Revolving Loan if there exists a Default or Event of Default. The Borrower shall select Libor Interest Periods with respect to Libor Loans so that such Libor Interest Period does not expire after the end of the Credit Termination Date...
Appears in 1 contract
Samples: Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.)