Common use of Notice of Conversion or Continuation Clause in Contracts

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION 4.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. on the date three Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (a) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Loan, the last day of the Interest Period applicable to such Loan, (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 into which the same is to be converted, and (d) the Interest Period to be applicable to the LIBOR Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Agent, PROVIDED that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error.

Appears in 3 contracts

Samples: Loan and Security Agreement (Tultex Corp), Loan and Security Agreement (Tultex Corp), Loan and Security Agreement (Tultex Corp)

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Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION SECTIONS 4.12 and 4.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Eurodollar Rate Loan for a subsequent Interest Period, the Borrowers shall notify the Administrative Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) by telecopy or electronic mail not later than 11:00 11:30 a.m. on the date three two Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Eurodollar Rate Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Eurodollar Rate Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be converted, and (div) the Interest Period to be applicable to the LIBOR Eurodollar Rate Loan as converted or continued, and shall, if notice thereof was originally given by telephone, shall be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Administrative Agent, PROVIDED that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Administrative Agent shall control absent manifest error.

Appears in 2 contracts

Samples: Loan and Security Agreement (Heafner Tire Group Inc), Loan and Security Agreement (American Tire Distributors Inc)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION 4.135.12, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. 12:00 noon (Atlanta time) on the date three Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (a) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Loan, the last day of the Interest Period applicable to such Loan, (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 into which the same is to be converted, and (d) specify the Interest Period to be applicable to the LIBOR Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Agent, PROVIDED that if such written confirmation differs in any respect from the action taken by the LendersLenders (or if such written confirmation is not given), the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Supreme International Corp)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION 4.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Eurodollar Rate Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. (Atlanta time) on the date three Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Eurodollar Rate Loan), PROVIDED provided the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Eurodollar Rate Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Eurodollar Rate Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be converted, and (div) the Interest Period to be applicable to the LIBOR Eurodollar Rate Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Agent, PROVIDED that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Kellstrom Industries Inc)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION Section 4.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. on the date three Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Loan), PROVIDED provided the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (a) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Loan, the last day of the Interest Period applicable to such Loan, (b) specify the effective date of such conversion or continuation, and (c) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be converted, and (d) the Interest Period to be applicable to the LIBOR Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Agent, PROVIDED provided that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Safety Components International Inc)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION 4.13Section 4.7, to convert an outstanding Base Rate Loan into a LIBOR Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Revolving Credit Loan or LIBOR Term Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) by telecopy not later than 11:00 11:30 a.m. on the date three two Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable such LIBOR Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be convertedcontinued, and (div) the Interest Period to be applicable to the LIBOR Loan as converted or continued, and shall, if notice thereof was originally given by telephone, shall be immediately followed by a signed, written confirmation thereof by the Borrowers Borrower in a form acceptable to the Agent, PROVIDED provided that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error. Conversion or Continuation. Provided that no Event of Default shall have occurred and be continuing (but subject to the provisions of Section 4.19), the Borrowers may request that all or any part of any outstanding Base Rate Loan be converted into a LIBOR Loan or Loans or (b) LIBOR Loan be continued as a LIBOR Loan or Loans, in the same aggregate principal amount, on any Business Day (which, in the case of continuation of a LIBOR Loan, shall be the last day of the Interest Period applicable thereto), upon notice (which notice shall be irrevocable) given in accordance with Section 4.19, provided that nothing in this Article 4 shall be construed to permit the conversion of a Revolving Credit Loan to a Term Loan or vice versa.

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION Section 4.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Rate Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. (Atlanta time) on the date three Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Rate Loan), PROVIDED provided the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Rate Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Rate Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be converted, and (div) the Interest Period to be applicable to the LIBOR Rate Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Agent, PROVIDED provided that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (American Aircarriers Support Inc)

Notice of Conversion or Continuation. Whenever the Borrowers desireBorrower desires, subject to the provisions of SECTION 4.135.7, to convert an outstanding Base Rate Loan into a Eurodollar Rate Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Eurodollar Rate Revolving Credit Loan or Eurodollar Rate Term Loan for a subsequent Interest Period, the Borrowers Borrower shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) by telecopy not later than 11:00 11:30 a.m. on the date three two Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR such Eurodollar Rate Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Eurodollar Rate Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be convertedcontinued, and (div) the Interest Period to be applicable to the LIBOR Eurodollar Rate Loan as converted or continued, and shall, if notice thereof was originally given by telephone, shall be immediately followed by a signed, written confirmation thereof by the Borrowers Borrower in a form acceptable to the Agent, PROVIDED that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Texfi Industries Inc)

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Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION 4.133.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrowers Borrowers' Agent shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. on the date three Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Loan), PROVIDED provided the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (a) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Loan, the last day of the Interest Period applicable to such Loan, (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 into which the same is to be convertedconverted (it being understood that all German Equipment Acquisition Loans shall be LIBOR Loans), and (d) the Interest Period to be applicable to the LIBOR Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers Borrowers' Agent in a form acceptable to the Agent, 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 Lenders, the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Galileo Corp)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION Sections 4.12 and 4.13, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Loan for a subsequent Interest Period, the Borrowers shall notify the Administrative Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) by telecopy or electronic mail not later than 11:00 a.m. 1:00 p.m. on the date three two Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be converted, and (div) the Interest Period to be applicable to the LIBOR Loan as converted or continued, and shall, if notice thereof was originally given by telephone, shall be immediately followed by a signed, written confirmation thereof by the Borrowers in a form acceptable to the Administrative Agent, PROVIDED provided that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Administrative Agent shall control absent manifest error.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Mastec Inc)

Notice of Conversion or Continuation. Whenever the Borrowers desireBorrower desires, subject to the provisions of SECTION 4.13Section 4.15, to convert an outstanding Loan into a Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Rate Loan for a subsequent Interest Period, the Borrowers Borrower shall notify the Administrative Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) not later than 11:00 a.m. (London time) on the date three two Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR Rate Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Rate Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be converted, and (div) the Interest Period to be applicable to the LIBOR Rate Loan as converted or continued, and shall, if notice thereof was originally given by telephone, be immediately followed by a signed, written confirmation thereof by the Borrowers Borrower in a form acceptable to the Administrative Agent, PROVIDED provided that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Administrative Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Syratech Corp)

Notice of Conversion or Continuation. Whenever the Borrowers desire, subject to the provisions of SECTION 4.13Section 4.7, to convert an outstanding Prime Rate Loan into a Eurodollar Rate Loan or Loans of a different Type or to continue all or a portion of an outstanding LIBOR Eurodollar Rate Revolving Credit Loan or Eurodollar Rate Term Loan for a subsequent Interest Period, the Borrowers shall notify the Agent by telephone or in writing by telex or facsimile transmission (which notice shall be irrevocable) by telecopy not later than 11:00 11:30 a.m. on the date three two Business Days before the day on which such proposed conversion or continuation is to be effective (and such effective date of any continuation shall be the last day of the Interest Period for the applicable LIBOR such Eurodollar Rate Loan), PROVIDED the Borrowers shall not be permitted to convert Loans into (or continue Loans as) LIBOR Loans at any time during the existence of an Event of Default. Each such notice (a "Notice of Conversion or Continuation") shall (ai) identify the Loan to be converted or continued, the aggregate outstanding principal balance thereof and, if a LIBOR Eurodollar Rate Loan, the last day of the Interest Period applicable to such Loan, (bii) specify the effective date of such conversion or continuation, (ciii) specify the principal amount of such Loan to be converted or continued and, if converted, the Type or Types into which the same is to be convertedcontinued, and (d) the iv)the Interest Period to be applicable to the LIBOR Eurodollar Rate Loan as converted or continued, and shall, if notice thereof was originally given by telephone, shall be immediately followed by a signed, written confirmation thereof by the Borrowers Borrower in a form acceptable to the Agent, PROVIDED provided that if such written confirmation differs in any respect from the action taken by the Lenders, the records of the Agent shall control absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (Collins Industries Inc)

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