Common use of Notice of Conversion or Continuation of Loans Clause in Contracts

Notice of Conversion or Continuation of Loans. Whenever the Borrower desires, subject to the provisions of Section 3.4, to convert an outstanding Loan into a Loan of a different Type provided for in this Agreement or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrower shall notify the Lender (which notice shall be irrevocable) by telephone or in writing (including telecopy) not later than 12:00 noon (Eastern time) on the date one Business Day before the day on which a proposed conversion of a LIBOR Loan into a Prime Rate Loan is to be effective (which effective date shall be the last day of the Interest Period applicable to such LIBOR Loan) and two Business Days before the day on which a proposed conversion of a Prime Rate Loan into, or continuation of a LIBOR Loan as, a LIBOR Loan is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for such LIBOR Loan). Each such notice (a "Notice of Conversion or Continuation") shall (a) identify the Loan to be converted or continued, including the Type thereof, the aggregate outstanding principal balance thereof and, in the case of a LIBOR Loan, the last day of the Interest Period therefor, (b) specify the effective date of such conversion or continuation, (c) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types of Loan into which conversion of such principal amount or specified portions thereof is to be made, and (d) in the case of any conversion into or continuation as a LIBOR Loan, the Interest Period to be applicable thereto, and, in the case of any telephonic notice, shall be immediately followed by a written confirmation thereof by the Borrower in a form acceptable to the Lender, provided that the failure to provide a written confirmation shall not invalidate any telephonic notice and, if such written confirmation differs in any respect from the action taken by the Lender, the records of the Lender shall control absent manifest error. In the event the Borrower fails to provide timely notice of the conversion or continuation of any LIBOR Loan, such Loan shall automatically convert to a Prime Rate Loan as of the last day of the Interest Period applicable to such LIBOR Loan.

Notice of Conversion or Continuation of Loans. Whenever the Borrower desiresBorrowers desire, subject to the provisions of Section 3.4SECTION 4(a)(vi), to convert part or all of an outstanding Contract Rate Loan into a Loan of a different Type provided for in this Agreement LIBOR Loan, or vice versa, or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrower Borrowers shall notify the Lender Bank (which notice shall be irrevocable) by telephone or in writing (including telecopy) not later than 12:00 noon 11:00 a.m. (Eastern Dallas, Texas, time) on the date one two Business Day Days before the day on which a proposed conversion of a LIBOR Loan into a Prime Contract Rate Loan is to be effective (which effective date shall be the last day of the Interest Period applicable to such LIBOR Loan) and two Business Days before the day on which a proposed conversion of a Prime Contract Rate Loan into, or continuation of a LIBOR Loan as, a LIBOR Loan is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for such LIBOR Loan). Each such notice (a "Notice of Conversion or ContinuationNOTICE OF CONVERSION OR CONTINUATION") shall (a) identify the Loan to be converted or continued, including the Type thereof, the aggregate outstanding principal balance thereof and, in the case of a LIBOR Loan, the last day of the Interest Period therefor, (b) specify the effective date of such conversion or continuation, (c) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types of Loan into which conversion of such principal amount or specified portions thereof is to be made, and (d) in the case of any conversion into or continuation as a LIBOR Loan, the Interest Period to be applicable thereto, and, in the case of any telephonic notice, shall be immediately followed by a written confirmation thereof by the Borrower in a form acceptable to the Lender, provided that the failure to provide a written confirmation shall not invalidate any telephonic notice and, if such written confirmation differs in any respect from the action taken by the Lender, the records of the Lender shall control absent manifest error. In the event the Borrower fails to provide timely notice of the conversion or continuation of any LIBOR Loan, such Loan shall automatically convert to a Prime Rate Loan as of the last day of the Interest Period applicable to such LIBOR Loan.

Notice of Conversion or Continuation of Loans. Whenever the Borrower desires, subject to the provisions of Section 3.4Sections 5.8 and 5.9, to convert an outstanding Term Loan consisting of Loans of one Type into a Term Loan consisting of Loans of a different Type provided for in this Agreement or to continue all or a portion of an outstanding LIBOR Term Loan consisting of Eurodollar Rate Loans for a subsequent Interest Period, the Borrower shall notify the Lender Agent in writing (which notice shall be irrevocable) by telephone or in writing (including telecopy) telecopy not later than 12:00 noon (Eastern time) 11:00 a.m. on the date one Business Day before the day on which a proposed conversion of a LIBOR Loan consisting of Eurodollar Rate Loans into a Loan consisting of Prime Rate Loan Loans is to be effective (which effective date shall be the last day of the Interest Period applicable to such LIBOR Loan) and two Business Days before the day on which a proposed conversion of a Term Loan consisting of Prime Rate Loan Loans into, or continuation of a LIBOR Term Loan consisting of Eurodollar Rate Loans as, a LIBOR Loan consisting of Eurodollar Rate Loans is to be effective (and if the Loan to be continued is a Loan consisting of Eurodollar Rate Loans, such effective date of any continuation shall be the last day of the Interest Period for the Loans comprising such LIBOR Loan). Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, including the Type thereofof Loans comprising such Loan, the aggregate outstanding principal balance thereof and, in the case of a LIBOR LoanLoan consisting of Eurodollar Rate Loans, the last day of the Interest Period therefor, (bii) specify the effective date of such conversion or continuation, (ciii) specify the aggregate principal amount of the Loans comprising such Loan to be converted or continued and, if converted, the Type or Types of Loan into which conversion of such principal amount or specified portions thereof is to be made, and (div) in the case of any conversion into or continuation as a LIBOR LoanLoan consisting of Eurodollar Rate Loans, the Interest Period to be applicable thereto, and, in the case of any telephonic notice, and shall be immediately followed by a written confirmation thereof by the Borrower in substantially the form of Exhibit B (as such form is modified from time to time by the Agent), properly completed or otherwise in a form acceptable to the LenderAgent, provided that the failure to provide a written confirmation shall not invalidate any telephonic notice and, if such written confirmation differs in any respect from the action taken by the LenderAgent, the records of the Lender Agent shall control absent manifest error. In the event the Borrower fails to provide timely notice of the conversion or continuation of any LIBOR Loan, such Loan shall automatically convert to a Prime Rate Loan as of the last day of the Interest Period applicable to such LIBOR Loan.

Notice of Conversion or Continuation of Loans. Whenever the any Borrower desires, subject to the provisions of Section SECTION 3.4, to convert an outstanding Revolving Credit Loan or Term Loan into a Loan of a different Type provided for in this Agreement or to continue all or a portion of an outstanding LIBOR Revolving Credit Loan or LIBOR Term Loan for a subsequent Interest Period, the such Borrower shall notify the Lender (which notice shall be irrevocable) by telephone or in writing (including telecopy) not later than 12:00 noon 2:00 p.m. (Eastern Dallas, Texas, time) on the date one two Business Day Days before the day on which a proposed conversion of a LIBOR Loan into a Prime Rate Loan is to be effective (which effective date shall be the last day of the Interest Period applicable to such LIBOR Loan) and two Business Days before the day on which a proposed conversion of a Prime Rate Loan into, or continuation of a LIBOR Loan as, a LIBOR Loan is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for such LIBOR Loan). Each such notice (a "Notice of Conversion or Continuation") shall (a) identify the Loan to be converted or continued, including the Type thereof, the aggregate outstanding principal balance thereof and, in the case of a LIBOR Loan, the last day of the Interest Period therefor, (b) specify the effective date of such conversion or continuation, (c) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types of Loan into which conversion of such principal amount or specified portions thereof is to be made, and (d) in the case of any conversion into or continuation as a LIBOR Loan, the Interest Period to be applicable thereto, and, in the case of any telephonic notice, shall be immediately followed by a written confirmation thereof by the Borrower in a form acceptable to the Lender, provided that the failure to provide a written confirmation shall not invalidate any telephonic notice and, if such written confirmation differs in any respect from the action taken by the Lender, the records of the Lender shall control absent manifest error. In the event the Borrower fails to provide timely notice of the conversion or continuation of any LIBOR Loan, such Loan shall automatically convert to a Prime Rate Loan as of the last day of the Interest Period applicable to such LIBOR Loan.