Redesignation of Loans. (a) Subject to Section 8.2, if any Eurodollar Loan is not repaid or renewed on the last day of the applicable Eurodollar Period, such Eurodollar Loan automatically shall be redesignated as a Prime Rate Loan on such date. (b) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date until the thirty-third day preceding the Maturity Date, Borrowers may request that all or a portion of outstanding Prime Rate Loans be redesignated as a Eurodollar Loan or that a maturing Eurodollar Loan be redesignated as a new Eurodollar Loan, provided that no Loan redesignated as a Eurodollar Loan shall have a Eurodollar Period expiring after the Maturity Date. (c) Each redesignation of all or a portion of outstanding Prime Rate Loans or to renew a maturing Eurodollar Loan as a Eurodollar Loan shall be made pursuant to a written Request for Redesignation of Loans. Not later than 12:00 noon, Los Angeles time, at least three (3) Eurodollar Banking Days prior to the first day of the applicable Eurodollar Period, Agent shall have received, at Agent's Office, a properly completed Request for Redesignation of Loans specifying the requested (1) date of redesignation and (2) amount of Loans to be redesignated as a Eurodollar Loan, and (3) the applicable Eurodollar Period. Agent may, in its sole and absolute discretion, permit a Request for Redesignation of Loans to be made by telephone by a Responsible Official of a Borrower on behalf of the Borrowers, in which case such Borrower shall confirm same by mailing or faxing a written Request for Redesignation of Loans to Agent within 48 hours following the date of redesignation. If Borrowers fail to make a written Request for Redesignation of Loans, Borrowers hereby waive the right to dispute the amount, interest rate or term of any such Eurodollar Loan. (d) Unless the Requisite Banks otherwise consent, the amount of such Loans to be redesignated as a Eurodollar Loan shall be an integral multiple of $250,000. (e) With respect to any redesignation of a Loan as a Eurodollar Loan, at or about 10:00 a.m., Los Angeles time, three (3) Eurodollar Banking Days before the first day of the applicable Eurodollar Period, Agent shall determine the applicable Eurodollar Rate (which determination shall be conclusive in the absence of manifest error) and promptly shall give notice of the same to Borrowers and the Banks by telephone or telecopier. (f) Upon fulfillment of the applicable conditions set forth in Article 8, the redesignation of all or a portion of outstanding Loans as a Eurodollar Loan shall become effective on the first day of the applicable Eurodollar Period. (g) Nothing contained herein shall require any Bank to fund any Eurodollar Loan resulting from redesignation of all or a portion of any of its Prime Rate Loans, in the Designated Eurodollar Market. (h) A request for Redesignation of Loans shall be irrevocable upon receipt by Agent.
Appears in 1 contract
Samples: Loan Agreement (Sports Club Co Inc)
Redesignation of Loans. (a) Subject to Section 8.2, if any Eurodollar Loan is not repaid or renewed on the last day of the applicable Eurodollar Period, such Eurodollar Loan automatically shall be redesignated as a Prime Rate Loan on such date.
(b) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date until the thirty-third day preceding the Maturity Date, Borrowers may request that all or a portion of outstanding Prime Rate Loans be redesignated as a Eurodollar Loan or that a maturing Eurodollar Loan be redesignated as a new Eurodollar Loan, provided that no Loan redesignated as a Eurodollar Loan shall have a Eurodollar Period expiring after the Maturity Date.
(c) Each redesignation of all or a portion of outstanding Prime Rate Loans or to renew a maturing Eurodollar Loan as a Eurodollar Loan shall be made pursuant to a written Request for Redesignation of Loans. Not later than 12:00 noon, Los Angeles time, at least three (3) Eurodollar Banking Days prior to the first day of the applicable Eurodollar Period, Agent shall have received, at Agent's Office, a properly completed Request for Redesignation of Loans specifying the requested (1) date of redesignation and (2) amount of Loans to be redesignated as a Eurodollar Loan, and (3) the applicable Eurodollar Period. Agent may, in its sole and absolute discretion, permit a Request for Redesignation of Loans to be made by telephone by a Responsible Official of a Borrower on behalf of the Borrowers, in which case such Borrower shall confirm same by mailing or faxing a written Request for Redesignation of Loans to Agent within 48 hours following the date of redesignation. If Borrowers fail to make a written Request for Redesignation of Loans, Borrowers hereby waive the right to dispute the amount, interest rate or term of any such Eurodollar Loan.
(d) Unless the Requisite Banks otherwise consent, the amount of such Loans to be redesignated as a Eurodollar Loan shall be an integral multiple of $250,000.
(e) With respect to any redesignation of a Loan as a Eurodollar Loan, at or about 10:00 a.m., Los Angeles time, three (3) Eurodollar Banking Days before the first day of the applicable Eurodollar Period, Agent shall determine the applicable Eurodollar Rate (which determination shall be conclusive in the absence of manifest error) and promptly shall give notice of the same to Borrowers and the Banks by telephone or telecopier.
(f) Upon fulfillment of the applicable conditions set forth in Article 8, the redesignation of all or a portion of outstanding Loans as a Eurodollar Loan shall become effective on the first day of the applicable Eurodollar Period.
(g) Nothing contained herein shall require any Bank to fund any Eurodollar Loan resulting from redesignation of all or a portion of any of its Prime Rate Loans, in the Designated Eurodollar Market.
(h) A request for Redesignation of Loans shall be irrevocable upon receipt by Agent.
Appears in 1 contract
Samples: Loan Agreement (Sports Club Co Inc)
Redesignation of Loans. (a) Subject to Section 8.2, if any Eurodollar Loan is not repaid or renewed on the last day of the applicable Eurodollar Period, such Eurodollar Loan automatically shall be redesignated as a Prime Rate Loan on such date.
(b) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date until the thirty-third day preceding the Maturity Date, Borrowers may request that all or a portion of outstanding Prime Rate Loans be redesignated as a Eurodollar Loan or that a maturing Eurodollar Loan be redesignated as a new Eurodollar Loan, provided that no Loan redesignated as a Eurodollar Loan shall have a Eurodollar Period expiring after the Maturity Date.
(c) Each redesignation of all or a portion of outstanding Prime Rate Loans or to renew a maturing Eurodollar Loan as a Eurodollar Loan shall be made pursuant to a written Request for Redesignation of Loans. Not later than 12:00 noon, Los Angeles time, at least three (3) Eurodollar Banking Days prior to the first day of the applicable Eurodollar Period, Agent shall have received, at Agent's Office, a properly completed Request for Redesignation of Loans specifying the requested (1) date of redesignation and (2) amount of Loans to be redesignated as a Eurodollar Loan, and (3) the applicable Eurodollar Period. Agent may, in its sole and absolute discretion, permit a Request for Redesignation of Loans to be made by telephone by a Responsible Official of a Borrower on behalf of the Borrowers, in which case such Borrower shall confirm same by mailing or faxing a written Request for Redesignation of Loans to Agent within 48 hours following the date of redesignation. If Borrowers fail to make a written Request for Redesignation of Loans, Borrowers hereby waive the right to dispute the amount, interest rate or term of any such Eurodollar Loan.
(d) Unless the Requisite Banks otherwise consent, the amount of such Loans to be redesignated as a Eurodollar Loan shall be an integral multiple of $250,000.
(e) With respect to any redesignation of a Loan as a Eurodollar Loan, at or about 10:00 a.m., Los Angeles time, three (3) Eurodollar Banking Days before the first day of the applicable Eurodollar Period, Agent shall determine the applicable Eurodollar Rate (which determination shall be conclusive in the absence of manifest error) and promptly shall give notice of the same to Borrowers and the Banks by telephone or telecopier.
(f) Upon fulfillment of the applicable conditions set forth in Article 8, the redesignation of all or a portion of outstanding Loans as a Eurodollar Loan shall become effective on the first day of the applicable Eurodollar Period.
(g) Nothing contained herein shall require any Bank to fund any Eurodollar Loan resulting from redesignation of all or a portion of any of its Prime Rate Loans, in the Designated Eurodollar Market.
(h) A request for Redesignation of Loans shall be irrevocable upon receipt by Agent.Borrower
Appears in 1 contract
Samples: Loan Agreement (Sports Club Co Inc)
Redesignation of Loans. (a) Subject to Section 8.2, if any Eurodollar Loan is not repaid or or, in the case of a Line B Loan, renewed on the last day of the applicable Eurodollar Period, such Eurodollar Loan automatically shall be redesignated as a Prime Rate Loan on such date.
(b) Subject to the terms and conditions set forth in this Agreement, at any time and from time to time from the Closing Date until the thirty-third second day preceding the Line A Maturity Date, Borrowers may request that all or a portion of outstanding Prime Rate Loans be redesignated as a Eurodollar Loan or that a maturing Eurodollar Loan be redesignated as a new Eurodollar Loan, provided that no Loan redesignated as a Eurodollar Loan shall have a Eurodollar Period expiring after the Maturity Date.
(c) Each redesignation of all or a portion of outstanding Prime Rate Loans or to renew a maturing Eurodollar Loan as a Eurodollar Loan shall be made pursuant to a written Request for Redesignation of Loans. Not later than 12:00 noon, Los Angeles time, at least three (3) Eurodollar Banking Days prior to the first day of the applicable Eurodollar Period, Agent shall have received, at Agent's Office, a properly completed Request for Redesignation of Loans specifying the requested (1) date of redesignation and (2) amount of Loans to be redesignated as a Eurodollar Loan, and (3) the applicable Eurodollar Period. Agent may, in its sole and absolute discretion, permit a Request for Redesignation of Loans to be made by telephone by a Responsible Official of a Borrower on behalf of the Borrowers, in which case such Borrower shall confirm same by mailing or faxing a written Request for Redesignation of Loans to Agent within 48 hours following the date of redesignation. If Borrowers fail to make a written Request for Redesignation of Loans, Borrowers hereby waive the right to dispute the amount, interest rate or term of any such Eurodollar Loan.
(d) Unless the Requisite Banks otherwise consent, the amount of such Loans to be redesignated as a Eurodollar Loan shall be an integral multiple of $250,000.
(e) With respect to any redesignation of a Loan as a Eurodollar Loan, at or about 10:00 a.m., Los Angeles time, three (3) Eurodollar Banking Days before the first day of the applicable Eurodollar Period, Agent shall determine the applicable Eurodollar Rate (which determination shall be conclusive in the absence of manifest error) and promptly shall give notice of the same to Borrowers and the Banks by telephone or telecopier.
(f) Upon fulfillment of the applicable conditions set forth in Article 8, the redesignation of all or a portion of outstanding Loans as a Eurodollar Loan shall become effective on the first day of the applicable Eurodollar Period.
(g) Nothing contained herein shall require any Bank to fund any Eurodollar Loan resulting from redesignation of all or a portion of any of its Prime Rate Loans, in the Designated Eurodollar Market.
(h) A request for Redesignation of Loans shall be irrevocable upon receipt by Agent.
Appears in 1 contract
Samples: Loan Agreement (Sports Club Co Inc)