Miscellaneous Lending Provisions. (a) Conversion and Continuation. --------------------------- (1) The Companies may elect from time to time to convert Eurodollar Loans to Corporate Rate Loans by giving the Administrative Agent at least one Business Day's prior irrevocable notice of such election. Any conversion of Eurodollar Loans may only be made on the last day of the applicable Interest Period. The Companies may elect from time to time to convert Corporate Rate Loans to Eurodollar Loans by giving the Administrative Agent at least two Eurodollar Business Days' prior irrevocable notice of such election. All such elections shall be made by means of a Loan Request. Upon receipt of a Loan Request, the Administrative Agent shall promptly notify each of the Lenders affected thereby thereof. No Corporate Rate Loan shall be converted into a Eurodollar Loan if an Event of Default or Potential Default has occurred and is continuing on the day occurring two Eurodollar Business Days prior to the date of the conversion requested by the Companies or on the date of conversion. All or any part of outstanding Loans may be converted as provided herein, provided that partial conversions shall be in a principal amount of $1,000,000 or whole multiples of $100,000 in excess thereof. (A) Any Eurodollar Loan may be continued as such upon the expiration of the Interest Period with respect thereto by the Companies giving the Administrative Agent at least two Eurodollar Business Days' prior irrevocable notice of such election as set forth in a Loan Request, and (B) if the Companies shall fail to give notice as provided above, the Companies shall be deemed to have elected to continue the affected Eurodollar Loan on the last day of the relevant Interest Period as a Eurodollar Loan having the same Interest Period as the continued Eurodollar Loan; provided, however, that no Eurodollar Loan may be continued as such when any Event of Default or Potential Default has occurred and is continuing on the day occurring two Eurodollar Business Days prior to the proposed date of such continuation, but shall be automatically converted to a Corporate Rate Loan on the last day of the then current Interest Period applicable thereto, and the Administrative Agent shall notify the Lenders affected thereby and the Companies promptly that such automatic conversion will occur. (3) Notwithstanding anything contained in this Agreement to the contrary, at no time shall there be Eurodollar Loans outstanding with more than five (5) different Interest Periods.
Appears in 2 contracts
Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)
Miscellaneous Lending Provisions. (a3(a) Conversion and Continuation. ---------------------------
(1) The Companies may elect from time to time to convert Eurodollar Loans to Corporate Rate Loans by giving the Administrative Agent at least one Business Day's prior irrevocable notice of such election. Any conversion of Eurodollar Loans may only be made on the last day of the applicable Interest Period. The Companies may elect from time to time to convert Corporate Rate Loans to Eurodollar Loans by giving the Administrative Agent at least two Eurodollar Business Days' prior irrevocable notice of such election. All such elections shall be made by means of a Loan Request. Upon receipt of a Loan Request, the Administrative Agent shall promptly notify each of the Lenders affected thereby thereof. No Corporate Rate Loan shall be converted into a Eurodollar Loan if an Event of Default or Potential Default has occurred and is continuing on the day occurring two Eurodollar Business Days prior to the date of the conversion requested by the Companies or on the date of conversion. All or any part of outstanding Loans may be converted as provided herein, provided that partial conversions shall be in a principal amount of $1,000,000 or whole multiples of $100,000 in excess thereof.
(A) Any Eurodollar Loan may be continued as such upon the expiration of the Interest Period with respect thereto by the Companies giving the Administrative Agent at least two Eurodollar Business Days' prior irrevocable notice of such election as set forth in a Loan Request, and (B) if the Companies shall fail to give notice as provided above, the Companies shall be deemed to have elected to continue the affected Eurodollar Loan on the last day of the relevant Interest Period as a Eurodollar Loan having the same Interest Period as the continued Eurodollar Loan; provided, however, that no Eurodollar Loan may be continued as such when any Event of Default or Potential Default has occurred and is continuing on the day occurring two Eurodollar Business Days prior to the proposed date of such continuation, but shall be automatically converted to a Corporate Rate Loan on the last day of the then current Interest Period applicable thereto, and the Administrative Agent shall notify the Lenders affected thereby and the Companies promptly that such automatic conversion will occur.
(3) Notwithstanding anything contained in this Agreement to the contrary, at no time shall there be Eurodollar Loans outstanding with more than five (5) different Interest Periods.
Appears in 2 contracts
Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)