Common use of Presumption if No Notice Clause in Contracts

Presumption if No Notice. If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as a Specified Default is continuing (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing and (ii) unless repaid, each Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

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Presumption if No Notice. If the Borrower Representative fails to deliver a timely Interest Election Request with respect to a Syndicated Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's ’s duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing the Borrowers shall default in the payment of any principal of or interest on any Loan, or any reimbursement obligation in respect of any LC Disbursement, and the Administrative Agent, at the request of the Required Lenders, so notifies the BorrowerBorrower Representative, then, so long as a Specified Default such default is continuing (i) no outstanding Syndicated Borrowing may be converted to or continued as a Syndicated Eurodollar Borrowing and (ii) unless repaid, each Syndicated Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."

Appears in 1 contract

Samples: Credit Agreement (Sprint Nextel Corp)

Presumption if No Notice. If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Syndicated Eurocurrency Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing, denominated in Dollars be converted to a Base Rate Syndicated ABR Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, otherwise be converted into, or continued as, a Eurodollar Borrowing having deemed to have an Interest Period of one month's duration. Notwithstanding any contrary provision hereof, if a Specified an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as a Specified an Event of Default is continuing (i) no outstanding Syndicated Borrowing denominated in Dollars may be converted to or continued as a Eurodollar Syndicated Eurocurrency Borrowing and (ii) unless repaid, each Eurodollar Syndicated Eurocurrency Borrowing denominated in Dollars shall be converted to a Base Rate Syndicated ABR Borrowing at the end of the Interest Period applicable theretothereto and (iii) no outstanding Syndicated Borrowing denominated in Sterling may have an Interest Period of more than one month."

Appears in 1 contract

Samples: Credit Agreement (Canandaigua LTD)

Presumption if No Notice. If the Borrower BorrowerObligor Representative fails to deliver a timely Interest Election Request with respect to a Syndicated Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's ’s duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing the Borrowers shall default in the payment of any principal of or interest on any Loan, or any reimbursement obligation in respect of any LC Disbursement, and the Administrative Agent, at the Credit Agreement request of the Required Lenders, so notifies the BorrowerBorrowerObligor Representative, then, so long as a Specified Default such default is continuing (i) no outstanding Syndicated Borrowing may be converted to or continued as a Syndicated Eurodollar Borrowing and (ii) unless repaid, each Syndicated Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."

Appears in 1 contract

Samples: Credit Agreement (Sprint Nextel Corp)

Presumption if No Notice. If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing or Incremental Facility Revolving Loan CREDIT AGREEMENT Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as a Specified Default is continuing (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing and (ii) unless repaid, each Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

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Presumption if No Notice. If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Borrowing or Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as a Specified Default is continuing (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing and (ii) unless repaid, each Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."

Appears in 1 contract

Samples: Guarantee and Security Agreement (Nextel Communications Inc)

Presumption if No Notice. If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing or Incremental Facility Revolving Loan Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's ’s duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as a Specified Default is continuing (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing and (ii) unless repaid, each Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

Presumption if No Notice. If the Borrower fails to deliver a timely Interest Election Request with respect to a Eurodollar Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall (x) if a Revolving Credit Borrowing, be converted to a Base Rate Borrowing and (y) if a Tranche A Term Loan Borrowing, a Tranche B Term Loan Borrowing, a Tranche C Term Loan Borrowing or a Tranche D C Term Loan Borrowing, be converted into, or continued as, a Eurodollar Borrowing having an Interest Period of one month's duration. Notwithstanding any contrary provision hereof, if a Specified Default has occurred and is continuing and the Administrative Agent, at the request of the Required Lenders, so notifies the Borrower, then, so long as a Specified Default is continuing (i) no outstanding Borrowing may be converted to or continued as a Eurodollar Borrowing and (ii) unless repaid, each Eurodollar Borrowing shall be converted to a Base Rate Borrowing at the end of the Interest Period applicable thereto."" 3.06

Appears in 1 contract

Samples: Credit Agreement (Nextel Communications Inc)

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