Common use of Notice of Continuation Clause in Contracts

Notice of Continuation. (i) For an election under Section 7.1(d) above, an authorized person must deliver to the Lender, by 2:00 p.m. (New York time) on a Business Day, a written notice for an election under Section 7.1(d) (a “Notice”), specifying: (A) the aggregate amount of each LIBOR Loan to be continued; (B) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Loan to be continued; and (C) whether the Automatic Continuation Option will be in effect for each such LIBOR Loan. The Automatic Continuation Option shall be in effect for each LIBOR Loan, unless otherwise specified by Borrower in writing. (ii) For any election in accordance with Section 7.1(d) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender receives the Notice of Continuation. If a Notice is received after 2:00 p.m. (New York time) on any Business Day, such Notice will be deemed to have been received on the next Business Day. Accordingly, as an example, if Borrower has a LIBOR Loan with a one-month Interest Period ending on June 15 and wants to continue the LIBOR Loan with a two- month Interest Period, Borrower must deliver to the Lender an appropriate Notice of Continuation by no later than 2:00 p.m. (New York time) on June 13 (assuming that June 13 is a Business Day and June 14 and 15 are LIBOR Business Days). (iii) For LIBOR Loans with the Automatic Continuation Option in effect, the Lender shall, at the end of each Interest Period, automatically continue such LIBOR Loan with the same Interest Period unless a contrary Notice has been received. (iv) The Lender may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized person. No Notice may be delivered by e-mail. The Lender may act on the Notice from any authorized person until the Lender shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized person. The Lender shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this Agreement. The Lender, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) For an election under Section 7.1(d9.1(d) above, an authorized person must deliver to the Lender, by 2:00 p.m. (New York time) on a Business Day, a written notice for an election under Section 7.1(d9.1(d) (a “Notice”), specifying: (A) the aggregate amount of each LIBOR Loan to be continued; (B) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Loan to be continued; and (C) whether the Automatic Continuation Option will be in effect for each such LIBOR Loan. The Automatic Continuation Option shall be in effect for each LIBOR Loan, unless otherwise specified by Borrower in writing. (ii) For any election in accordance with Section 7.1(d5.1(d) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender receives the Notice of Continuation. If a Notice is received after 2:00 p.m. (New York time) on any Business Day, such Notice will be deemed to have been received on the next Business Day. Accordingly, as an example, if Borrower has a LIBOR Loan with a one-month Interest Period ending on June 15 and wants to continue the LIBOR Loan with a two- month Interest Period, Borrower must deliver to the Lender an appropriate Notice of Continuation by no later than 2:00 p.m. (New York time) on June 13 (assuming that June 13 is a Business Day and June 14 and 15 are LIBOR Business Days). (iii) For LIBOR Loans with the Automatic Continuation Option in effect, the Lender shall, at the end of each Interest Period, automatically continue such LIBOR Loan with the same Interest Period unless a contrary Notice has been received. (iv) The Lender may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized person. No Notice may be delivered by e-mail. The Lender may act on the Notice from any authorized person until the Lender shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized person. The Lender shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this Agreement. The Lender, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) i. For an election under Section 7.1(d4(a) above, an authorized person Authorized Person must deliver to the LenderBank, by 2:00 p.m. (New York timeEastern Standard Time) on a New York Business Day, a written notice Notice of Continuation for an election under Section 7.1(d4(a) (a “Notice of Continuation” or “Notice”), specifying: (Aa) the aggregate amount of each LIBOR Rate Loan to be continued; (Bb) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Rate Loan to be continuedcontinued (see LIBOR Rate definition above); and (Cc) whether the Automatic Continuation Option will be in effect for each such LIBOR Rate Loan. The Automatic Continuation Option shall be in effect for each LIBOR Rate Loan, unless otherwise specified by Borrower in writing. (ii) . For any election in accordance with Section 7.1(d4(b)(i) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Joint Business Days (unless a shorter period is permitted following the date the Bank receives the Notice of Continuation except as otherwise determined by Lender the Bank in its sole discretion) following the date the Lender receives the Notice of Continuation. If a Notice is received after 2:00 p.m. (New York timeEastern Standard Time) on any New York Business Day, such Notice will Will be deemed to have been received on the next New York Business Day. Accordingly, as an example, if Borrower has a LIBOR Rate Loan with a one-one month Interest Period ending on June 15 and wants to continue the LIBOR Rate Loan with a two- two month Interest Period, Borrower must deliver to the Lender Bank an appropriate Notice of Continuation by no later than 2:00 p.m. (New York timeEastern Standard Time) on June 13 (assuming assenting that June 13 is a New York Business Day and June 14 and 15 are LIBOR Joint Business Days). (iii) . For LIBOR Rate Loans with the Automatic Continuation Option in effect, the Lender Bank shall, at the end of each Interest Period, automatically continue such LIBOR Rate Loan with the same Interest Period unless a contrary Notice has been receivedPeriod. (iv) . The Lender Bank may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender Bank in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized personAuthorized Person. No Notice may be be. delivered by e-mail. The Lender Bank may act on the Notice from any authorized person Authorized Person until the Lender Bank shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized personAuthorized’ Person. The Lender Bank shall incur no liability to Borrower or to any other person as to a direct or indirect result of acting on any Notice under this Agreement. Note, The LenderBank, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) For an election under Section 7.1(d3.1(e) above, an authorized person must deliver to the Lender, by 2:00 p.m. (New York time) on a Business Day, a written notice for an election under Section 7.1(d3.1(e) (a “Notice”), specifying: (A) the aggregate amount of each LIBOR Loan to be continued; (B) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Loan to be continued; and (C) whether the Automatic Continuation Option will be in effect for each such LIBOR Loan. The Automatic Continuation Option shall be in effect for each LIBOR Loan, unless otherwise specified by Borrower in writing. (ii) For any election in accordance with Section 7.1(d3.1(e) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender receives the Notice of Continuation, except as otherwise determined by the Lender in its sole discretion. If a Notice is received after 2:00 p.m. (New York time) on any Business Day, such Notice will be deemed to have been received on the next Business Day. Accordingly, as an example, if Borrower has a LIBOR Loan with a one-month Interest Period ending on June 15 and wants to continue the LIBOR Loan with a two- month Interest Period, Borrower must deliver to the Lender an appropriate Notice of Continuation by no later than 2:00 p.m. (New York time) on June 13 (assuming that June 13 is a Business Day and June 14 and 15 are LIBOR Business Days). (iii) For LIBOR Loans with the Automatic Continuation Option in effect, the Lender shall, at the end of each Interest Period, automatically continue such LIBOR Loan with the same Interest Period unless a contrary Notice has been received. (iv) The Lender may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized person. No Notice may be delivered by e-mail. The Lender may act on the Notice from any authorized person until the Lender shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized person. The Lender shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this Agreement. The Lender, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) For an election under Section 7.1(d3.1(d) above, an authorized person must deliver to the Lender, by 2:00 p.m. (New York time) on a Business Day, a written notice for an election under Section 7.1(d3.1(d) (a “Notice”), specifying: (A) the aggregate amount of each LIBOR Loan to be continued; (B) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Loan to be continued; and (C) whether the Automatic Continuation Option will be in effect for each such LIBOR Loan. The Automatic Continuation Option shall be in effect for each LIBOR Loan, unless otherwise specified by Borrower in writing. (ii) For any election in accordance with Section 7.1(d3.1(d) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender receives the Notice of Continuation. If a Notice is received after 2:00 p.m. (New York time) on any Business Day, such Notice will be deemed to have been received on the next Business Day. Accordingly, as an example, if Borrower has a LIBOR Loan with a one-month Interest Period ending on June 15 and wants to continue the LIBOR Loan with a two- month Interest Period, Borrower must deliver to the Lender an appropriate Notice of Continuation by no later than 2:00 p.m. (New York time) on June 13 (assuming that June 13 is a Business Day and June 14 and 15 are LIBOR Business Days). (iii) For LIBOR Loans with the Automatic Continuation Option in effect, the Lender shall, at the end of each Interest Period, automatically continue such LIBOR Loan with the same Interest Period unless a contrary Notice has been received. (iv) The Lender may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized person. No Notice may be delivered by e-mail. The Lender may act on the Notice from any authorized person until the Lender shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized person. The Lender shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this Agreement. The Lender, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) i. For an election under Section 7.1(d4(a) above, an authorized person Authorized Person must deliver to the LenderBank, by 2:00 p.m. (New York timeEastern Standard Time) on a New York Business Day, a written notice Notice of Continuation for an election under Section 7.1(d4(a) (a “Notice of Continuation” or “Notice”), specifying: (Aa) the aggregate amount of each LIBOR Rate Loan to be continued; (Bb) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Rate Loan to be continuedcontinued (see LIBOR Rate definition above); and (Cc) whether the Automatic Continuation Option will be in effect for each such LIBOR Rate Loan. The Automatic Continuation Option shall be in effect for each LIBOR Rate Loan, unless otherwise specified by Borrower in writing. (ii) . For any election in accordance with Section 7.1(d4(b)(i) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Joint Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender Bank receives the Notice of Continuation, except as otherwise determined by the Bank in its sole discretion. If a Notice is received after 2:00 p.m. (New York timeEastern Standard Time) on any New York Business Day, such Notice will be deemed to have been received on the next New York Business Day. Accordingly, as an example, if Borrower Xxxxxxxx has a LIBOR Rate Loan with a one-one month Interest Period ending on June 15 and wants to continue the LIBOR Rate Loan with a two- two month Interest Period, Borrower must deliver to the Lender Bank an appropriate Notice of Continuation by no later than 2:00 p.m. (New York timeEastern Standard Time) on June 13 (assuming that June 13 is a New York Business Day and June 14 and 15 are LIBOR Joint Business Days). (iii) . For LIBOR Rate Loans with the Automatic Continuation Option in effect, the Lender Bank shall, at the end of each Interest Period, automatically continue such LIBOR Rate Loan with the same Interest Period unless a contrary Notice has been receivedPeriod. (iv) . The Lender Bank may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender Bank in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized personAuthorized Person. No Notice may be delivered by e-mail. The Lender Bank may act on the Notice from any authorized person Authorized Person until the Lender Bank shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized personAuthorized Person. The Lender Bank shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this AgreementNote. The LenderBank, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) For an election under Section 7.1(d10.1(d) above, an authorized person must deliver to the Lender, by 2:00 p.m. (New York time) on a Business Day, a written notice for an election under Section 7.1(d10.1(d) (a “Notice”), specifying: (A) the aggregate amount of each LIBOR Loan to be continued; (B) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Loan to be continued; and (C) whether the Automatic Continuation Option will be in effect for each such LIBOR Loan. The Automatic Continuation Option shall be in effect for each LIBOR Loan, unless otherwise specified by Borrower in writing. (ii) For any election in accordance with Section 7.1(d5.1(d) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender receives the Notice of Continuation. If a Notice is received after 2:00 p.m. (New York time) on any Business Day, such Notice will be deemed to have been received on the next Business Day. Accordingly, as an example, if Borrower has a LIBOR Loan with a one-month Interest Period ending on June 15 and wants to continue the LIBOR Loan with a two- month Interest Period, Borrower must deliver to the Lender an appropriate Notice of Continuation by no later than 2:00 p.m. (New York time) on June 13 (assuming that June 13 is a Business Day and June 14 and 15 are LIBOR Business Days). (iii) For LIBOR Loans with the Automatic Continuation Option in effect, the Lender shall, at the end of each Interest Period, automatically continue such LIBOR Loan with the same Interest Period unless a contrary Notice has been received. (iv) The Lender may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized person. No Notice may be delivered by e-mail. The Lender may act on the Notice from any authorized person until the Lender shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized person. The Lender shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this Agreement. The Lender, in its sole discretion, may reject any Notice that is incomplete.

Notice of Continuation. (i) For an election under Section 7.1(d8.1(d) above, an authorized person must deliver to the Lender, by 2:00 p.m. (New York time) on a Business Day, a written notice for an election under Section 7.1(d8.1(d) (a “Notice”), specifying: (A) the aggregate amount of each LIBOR Loan to be continued; (B) the applicable LIBOR Rate selection and corresponding Interest Period duration for each LIBOR Loan to be continued; and (C) whether the Automatic Continuation Option will be in effect for each such LIBOR Loan. The Automatic Continuation Option shall be in effect for each LIBOR Loan, unless otherwise specified by Borrower in writing. (ii) For any election in accordance with Section 7.1(d5.1(d) above, the Continuation Date shall be the later of (A) the last day of the applicable Interest Period, or (B) two (2) LIBOR Business Days (unless a shorter period is permitted by Lender in its sole discretion) following the date the Lender receives the Notice of Continuation, except as otherwise determined by the Lender in its sole discretion. If a Notice is received after 2:00 p.m. (New York time) on any Business Day, such Notice will be deemed to have been received on the next Business Day. Accordingly, as an example, if Borrower has a LIBOR Loan with a one-month Interest Period ending on June 15 and wants to continue the LIBOR Loan with a two- month Interest Period, Borrower must deliver to the Lender an appropriate Notice of Continuation by no later than 2:00 p.m. (New York time) on June 13 (assuming that June 13 is a Business Day and June 14 and 15 are LIBOR Business Days). (iii) For LIBOR Loans with the Automatic Continuation Option in effect, the Lender shall, at the end of each Interest Period, automatically continue such LIBOR Loan with the same Interest Period unless a contrary Notice has been received. (iv) The Lender may take action on any Notice in reliance upon any oral, telephonic, written or teletransmitted Notice that the Lender in good faith believes to be valid and to have been made by Borrower or on behalf of Borrower by an authorized person. No Notice may be delivered by e-mail. The Lender may act on the Notice from any authorized person until the Lender shall have received from Borrower, and had a reasonable time to act on, written notice revoking the authority of such authorized person. The Lender shall incur no liability to Borrower or to any other person as a direct or indirect result of acting on any Notice under this Agreement. The Lender, in its sole discretion, may reject any Notice that is incomplete.