Notice of Term Conversion. The Borrower shall request Term Conversion by delivering to the Administrative Agent an appropriately completed Notice of Term Conversion, which specifies, among other things:
(i) whether the requested Term Loans shall be ABR Loans or Eurodollar Loans;
(ii) the aggregate principal amount of the requested Term Loans, which shall not exceed the lesser of (A) the aggregate amount of all Term Commitments and (B) the aggregate principal amount of all Construction Loans and Vista Expansion Loans outstanding on the Term Conversion Date (which amount shall be calculated immediately prior to Term Conversion, after giving effect to any final Construction Borrowing or final Vista Expansion Borrowing made on the Term Conversion Date and any prepayment of the Loans on the Term Conversion Date);
(iii) the proposed Term Conversion Date, which shall be a Business Day; and
(iv) in the case of any requested Term Loan to be made as a Eurodollar Loan, the initial Interest Period(s) applicable thereto. The Borrower shall deliver the Notice of Term Conversion to the Administrative Agent by hand delivery or electronic means, (a) in the case of a Term Conversion that includes a Eurodollar Borrowing, not later than 12:00 noon, New York City time, three Business Days before the proposed Term Conversion Date or (b) in the case of a Term Conversion that includes only ABR Borrowings, not later than 1:00 p.m., New York City time, one Business Day before the proposed Term Conversion Date; provided that (unless otherwise agreed by the Administrative Agent) not later than seven Business Days prior to delivery of the Notice of Term Conversion, the Borrower shall deliver to the Administrative Agent a draft of such Notice of Term Conversion and evidence documenting the anticipated satisfaction of the conditions to Term Conversion set forth in Section 4.04 on the proposed Term Conversion Date. Subject to Section 2.16, the Notice of Term Conversion may be modified or revoked by the Borrower through the Business Day specified as the proposed Term Conversion Date in the Notice of Term Conversion. The Borrower shall notify the Administrative Agent prior to the making of the Term Loans in the event that any of the matters to which the Borrower is required to certify in the Notice of Term Conversion is no longer accurate and complete as of the Term Conversion Date, and the occurrence of Term Conversion shall constitute a re-certification by the Borrower, as of the Term Conversion Date, as to the ma...
Notice of Term Conversion. Borrower shall have delivered a duly executed notice of Term Conversion to Administrative Agent substantially in the form of Exhibit E.
Notice of Term Conversion. The Borrower shall deliver to the TCF Administrative Agent and the P1 Collateral Agent a properly completed Notice of Term Conversion, no later than 1:00 p.m., New York City time, on or before the fifth Business Day prior to the proposed Term Conversion Date; provided, that the Borrower may not provide a Notice of Term Conversion more than thirty Business Days prior to the proposed Term Conversion Date.
Notice of Term Conversion. The Administrative Agent shall have received an executed Notice of Term Conversion in accordance with Section 2.6(c).
Notice of Term Conversion. Borrower shall request a Term Conversion by delivering to Lender an irrevocable written notice in the form of Exhibit D, appropriately completed (the "Notice of Term Conversion"), which specifies, among other things, the requested date of the Term Conversion, which shall be the Construction Loan Maturity Date and a Business Day. Borrower shall give the Notice of Term Conversion to Lender at least three (3) Business Days before the date of the requested conversion. The Notice of Term Conversion shall be delivered by first-class mail or telecopy to Lender at the office or to the telecopy number and during the hours specified in Section 10.1; provided, however, that Borrower shall promptly deliver to Lender the original of any Notice of Term Conversion initially delivered by telecopy.
Notice of Term Conversion. Borrower shall have delivered a duly executed Notice of Term Conversion to the Administrative Agent at least ten (10) Business Days prior to the proposed Term Conversion Date (i) specifying such proposed date, which date shall be on or before the Date Certain, and (ii) together with (1) updated Base Case Projections current as of the Term Conversion Date and (2) at the Borrower’s discretion and to the extent that the full amount of the Term Loan Commitments has not been borrowed as of the Term Conversion Date, notice to the Administrative Agent and the Permitted Hedge Counterparties requesting that the Secured Hedge Agreement be amended to take into account the undrawn principal portion of the Term Loan Commitments.
Notice of Term Conversion. Borrowers shall request Term-Conversion by delivering to Administrative Agent a written notice in the form of Exhibit C-2, appropriately completed (the "Notice of Term-Conversion"), which specifies, among other things:
(i) the portion of the Term Loans which will be Base Rate Loans and the portion which will be LIBOR Loans;
(ii) the aggregate principal amount of the requested Term Loans, which shall not exceed the lesser of (A) the Total Term Loan Commitment and (B) the aggregate principal amount of all Construction Loans outstanding on the Term-Conversion Date (which amount shall be calculated immediately prior to Term-Conversion, after giving effect to the Final Construction Drawing (if any), and the application of all liquidated damages and other amounts required to be applied to the prepayment of Construction Loans pursuant hereto);
(iii) the proposed date of Term-Conversion (which shall be a Business Day on or before the Date Certain);
(iv) in the case of any LIBOR Term Loan, the initial Interest Period requested therefor (which shall be an Interest Period contemplated by Section 2.1.4(c)); and
(v) a certification by Borrowers that the conditions set forth in Sections 3.4.1 and 3.4.2 are satisfied as of the date of the notice. Notwithstanding any provision to the contrary in this section, Borrowers may not select LIBOR Loans for any portion of the Term Loans that is less than $100,000 or if the obligations of the Lenders to make LIBOR Loans shall then be suspended pursuant to Section 2.7. Borrowers shall deliver the Notice of Term-Conversion to Administrative Agent with at least the Minimum Notice Period applicable to Loans of the Type requested upon Term-Conversion; provided, that not later than 10 Business Days prior to delivery of the Notice of Term-Conversion, Borrowers shall deliver to Administrative Agent a draft of such Notice of Term-Conversion and evidence documenting satisfaction of the conditions to Term-Conversion set forth in Section 3.3.8.
Notice of Term Conversion. The TCF Administrative Agent shall have received a duly executed and completed Notice of Term Conversion from the Borrower.
Notice of Term Conversion. The P1 Administrative Agent shall have received a duly executed and completed Notice of Term Conversion from the Borrower.
Notice of Term Conversion. Co-Borrowers shall request Term Conversion by delivering to Administrative Agent a Notice of Term Conversion, which contains or specifies:
i. the aggregate principal amount of the requested Term Loans, which shall not exceed the lesser of (A) the aggregate principal amount of all Construction Loans outstanding as of the Term Conversion Date (including, for the avoidance of doubt, the principal amount of any Construction Loans made on such date) and (B) the Total Term Loan Commitment; and
ii. the proposed Term Conversion Date (which shall be a Banking Day on or before the Date Certain (as such date may be extended in accordance with the definition thereof)). Co-Borrowers shall deliver the Notice of Term Conversion, together with evidence, if then available, documenting that the conditions to Term Conversion will be satisfied by the proposed Term Conversion Date, to Administrative Agent (with a copy to the Lenders) so as to provide at least five Banking Days’ notice of Term Conversion. The Notice of Term Conversion may be modified or revoked by Co-Borrowers through the Banking Day prior to the applicable Minimum Notice Period, and shall thereafter be irrevocable. The Notice of Term Conversion shall be delivered in the manner provided in Section 11.1.
