Common use of Rollover and Conversion Clause in Contracts

Rollover and Conversion. 3.3.1 Subject to the terms and conditions of this Agreement and provided that no declaration has been made by the Lender under section 10.2, the Borrower may from time to time request that a Loan or any portion thereof be rolled over or converted to another form of Loan in accordance with the provisions hereof. 3.3.2 The Borrower shall repay to the Lender the full amount of each Bankers’ Acceptance and Libor Loan on the Expiry Date of the BA Period or Interest Period applicable thereto, in accordance with the provisions hereof governing repayment and prepayment, unless such Loan shall be rolled over or converted to another form of Loan on such Expiry Date in accordance with the provisions hereof. 3.3.3 Each request by the Borrower for a Rollover or Conversion shall be made by the delivery of a duly completed and executed Borrowing Notice to the Lender at the Branch of Account, and the provisions of section 3.1 shall apply to the Rollover or Conversion as if such Rollover or Conversion were an Advance. 3.3.4 Each Rollover or Conversion of a Libor Loan or Bankers’ Acceptance shall be made effective as of the Expiry Date of the Interest Period or BA Period applicable thereto. 3.3.5 If the Borrower does not deliver a Borrowing Notice at or before the time required by section 3.3.3; and 3.3.5.1 in the case of a Bankers’ Acceptance, does not pay to the Lender the Face Amount thereof on the Expiry Date of the relevant BA Period; or 3.3.5.2 in the case of a Libor Loan, does not pay to the Lender the principal amount thereof on the Expiry Date of the relevant Interest Period, such Loan shall be converted to a Prime Rate Loan (if the maturing Loan is denominated in Canadian dollars) or a Base Rate Loan (if the maturing Loan is denominated in U.S. dollars), and all of the provisions hereof applicable to Prime Rate Loans and Base Rate Loans, as the case may be, shall apply thereto. 3.3.6 A Rollover or Conversion shall not constitute a repayment of the relevant Loan but shall result in a change in the basis of calculation of interest or fees (as the case may be) for such Loan and, where applicable, the Currency of the Loan, in accordance with the provisions hereof.

Appears in 2 contracts

Samples: Credit Agreement (Usg Corp), Credit Agreement (Usg Corp)

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Rollover and Conversion. 3.3.1 Subject to the terms and conditions of this Agreement and provided that no declaration has been made by the Lender Administrative Agent under section 10.2Section 11.2, the Borrower may from time to time request that a Loan (other than a Swingline Loan) or any portion thereof under a Credit Facility be rolled over or converted to another form of Loan in accordance with the provisions hereof and, for greater certainty, a Prime Rate Loan and a USBR Loan may be converted into another type of Loan at any time in accordance with the provisions hereof. 3.3.2 The Borrower shall repay to the Lender Administrative Agent for the account of the applicable Lenders the full amount of each Bankers’ Acceptance Loan and Libor LIBOR Loan on the Expiry Maturity Date of the BA Period or Interest Period applicable thereto, in accordance with the provisions hereof governing repayment and prepayment, unless such Loan shall be rolled over or converted to another form of Loan on such Expiry Maturity Date in accordance with the provisions hereof. 3.3.3 Each request by the Borrower for a Rollover or Conversion shall be made by the delivery of a duly completed and executed Borrowing Borrowing/Rollover/Conversion Notice to the Lender at the Branch of AccountAdministrative Agent, and the provisions of section Section 3.1 shall apply to the Rollover or Conversion as if such Rollover or Conversion were an Advance. 3.3.4 Each Rollover or Conversion of a Libor Loan or Bankers’ Acceptance Loan shall be made effective as of the Expiry Maturity Date of the Interest Period or BA Period applicable thereto. 3.3.5 If Each Rollover or Conversion of a LIBOR Loan shall be made effective as of the Maturity Date of the Interest Period applicable thereto. 3.3.6 In the case of a Bankers’ Acceptance Loan, if the Borrower does not deliver a Borrowing Borrowing/Rollover/Conversion Notice at or before the time required by section 3.3.3; and 3.3.5.1 in the case of a Bankers’ Acceptance, does not Section 3.3.3 or fails to pay to the Lender Administrative Agent for the Face Amount account of the applicable Lenders the face amount thereof on the Expiry Maturity Date of the relevant BA Period; or, the Borrower shall be deemed to have requested a Conversion of such Loan to a Prime Rate Loan, the face amount of such Loan shall be deemed to be outstanding as a Prime Rate Loan, and all of the provisions hereof relating to a Prime Rate Loan shall apply thereto. 3.3.5.2 in 3.3.7 In the case of a Libor LIBOR Loan, if the Borrower does not deliver a Borrowing/Rollover/Conversion Notice at or before the time required by Section 3.3.3 or fails to pay to the Lender Administrative Agent for the principal amount thereof account of the applicable Lenders the LIBOR Loan on the Expiry Maturity Date of the relevant Interest Period, the Borrower shall be deemed to have requested a Conversion of such Loan shall be converted to a Prime Rate Loan (if the maturing Loan is denominated in Canadian dollars) or a Base Rate Loan (if the maturing Loan is denominated in U.S. dollars)USBR Loan, and all of the provisions hereof applicable relating to Prime Rate Loans and Base Rate Loans, as the case may be, a USBR Loan shall apply thereto. 3.3.6 3.3.8 A Rollover or Conversion shall not constitute a repayment of the relevant Loan but shall result in a change in the basis of calculation of interest or fees (as the case may be) for such Loan and, where applicable, the Currency of the Loan, in accordance with the provisions hereof. 3.3.9 Upon the occurrence of, and during the continuance of, an Event of Default, the Borrower shall not have the right to convert Advances into, or to rollover (i) Bankers’ Acceptance Loans, and each outstanding Bankers’ Acceptance Loan shall automatically convert to a Prime Rate Loan on the Maturity Date of the BA Period applicable thereto, or (ii) LIBOR Loans, and each outstanding LIBOR Loan shall automatically convert to a USBR Loan on the Maturity Date of the applicable Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Mohegan Tribal Gaming Authority)

Rollover and Conversion. 3.3.1 Subject to the terms and conditions of this Agreement and provided that no declaration has been made by the Lender Administrative Agent under section 10.2Section 11.2, the Borrower may from time to time request that a Loan (other than a Swingline Loan) or any portion thereof under a Credit Facility be rolled over or converted to another form of Loan in accordance with the provisions hereof and, for greater certainty, a Prime Rate Loan and a USBR Loan may be converted into another type of Loan at any time in accordance with the provisions hereof. 3.3.2 The Borrower shall repay to the Lender Administrative Agent for the account of the applicable Lenders the full amount of each Bankers’ Acceptance Loan, LIBOR Loan and Libor CDOR Loan on the Expiry Maturity Date of the BA Period or Interest Period applicable thereto, in accordance with the provisions hereof governing repayment and prepayment, unless such Loan shall be rolled over or converted to another form of Loan on such Expiry Maturity Date in accordance with the provisions hereof. 3.3.3 Each request by the Borrower for a Rollover or Conversion shall be made by the delivery of a duly completed and executed Borrowing Borrowing/Rollover/Conversion Notice to the Lender at the Branch of AccountAdministrative Agent, and the provisions of section Section 3.1 shall apply to the Rollover or Conversion as if such Rollover or Conversion were an Advance. 3.3.4 Each Rollover or Conversion of a Libor Loan or Bankers’ Acceptance Loan shall be made effective as of the Expiry Maturity Date of the Interest Period or BA Period applicable thereto. 3.3.5 If Each Rollover or Conversion of a LIBOR Loan or a CDOR Loan shall be made effective as of the Maturity Date of the Interest Period applicable thereto. 3.3.6 In the case of a Bankers’ Acceptance Loan, if the Borrower does not deliver a Borrowing Borrowing/Rollover/Conversion Notice at or before the time required by section 3.3.3; and 3.3.5.1 in the case of a Bankers’ Acceptance, does not Section 3.3.3 or fails to pay to the Lender Administrative Agent for the Face Amount account of the applicable Lenders the face amount thereof on the Expiry Maturity Date of the relevant BA Period; or, the Borrower shall be deemed to have requested a Conversion of such Loan to a Prime Rate Loan, the face amount of such Loan shall be deemed to be outstanding as a Prime Rate Loan, and all of the provisions hereof relating to a Prime Rate Loan shall apply thereto. 3.3.5.2 in 3.3.7 In the case of a Libor LIBOR Loan, if the Borrower does not deliver a Borrowing/Rollover/Conversion Notice at or before the time required by Section 3.3.3 or fails to pay to the Lender Administrative Agent for the principal amount thereof account of the applicable Lenders the LIBOR Loan on the Expiry Maturity Date of the relevant Interest Period, the Borrower shall be deemed to have requested a Conversion of such Loan shall be converted to a Prime Rate Loan (if the maturing Loan is denominated in Canadian dollars) or a Base Rate Loan (if the maturing Loan is denominated in U.S. dollars)USBR Loan, and all of the provisions hereof applicable relating to Prime Rate Loans and Base Rate Loans, as the case may be, a USBR Loan shall apply thereto. 3.3.6 3.3.8 In the case of a CDOR Loan, if the Borrower does not deliver a Borrowing/Rollover/Conversion Notice at or before the time required by Section 3.3.3 or fails to pay to the Administrative Agent for the account of the applicable Lenders the CDOR Loan on the Maturity Date of the relevant Interest Period, the Borrower shall be deemed to have requested a Conversion of such Loan to a Prime Rate Loan, and all of the provisions hereof relating to a Prime Rate Loan shall apply thereto. 3.3.9 A Rollover or Conversion shall not constitute a repayment of the relevant Loan but shall result in a change in the basis of calculation of interest or fees (as the case may be) for such Loan and, where applicable, the Currency of the Loan, in accordance with the provisions hereof. 3.3.10 Upon the occurrence of, and during the continuance of, an Event of Default, the Borrower shall not have the right to convert Advances into, or to rollover (i) Bankers’ Acceptance Loans, and each outstanding Bankers’ Acceptance Loan shall automatically convert to a Prime Rate Loan on the Maturity Date of the BA Period applicable thereto, (ii) LIBOR Loans, and each outstanding LIBOR Loan shall automatically convert to a USBR Loan on the Maturity Date of the applicable Interest Period or (iii) CDOR Loans, and each outstanding CDOR Loan shall automatically convert to a Prime Rate Loan on the Maturity Date of the applicable Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Mohegan Tribal Gaming Authority)

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Rollover and Conversion. 3.3.1 Subject to the terms and conditions of this Agreement and provided that no declaration Default has been made by the Lender under section 10.2occurred and is continuing, the either Borrower may from time to time request that a Loan owing by it or any portion thereof be rolled over or converted to another form of Loan in accordance with the provisions hereof. 3.3.2 . The applicable Borrower shall repay to the Lender the full amount of each Bankers' Acceptance Loan and Libor Loan (as applicable) on the Expiry Maturity Date of the BA Period or Interest Period applicable thereto, in accordance with the provisions hereof governing repayment and prepayment, unless such Loan shall be rolled over or converted to another form of Loan on such Expiry Maturity Date in accordance with the provisions hereof. 3.3.3 . Each request by the Canadian Borrower or the U.S. Borrower for a Rollover or Conversion shall be made by the delivery of a duly completed and executed Borrowing Notice to the Lender at the Branch of Account, Agent and the provisions of section 3.1 Sections 3.01 and 3.02 shall apply to the Rollover or Conversion as if such Rollover or Conversion were an Advance. 3.3.4 . Each Rollover or Conversion of a Libor Loan or Bankers' Acceptance Loan shall be made effective as of the Expiry Maturity Date of the Interest Period or BA Period applicable thereto. 3.3.5 . If the either Borrower does not deliver a Borrowing Notice at or before the time required by section 3.3.3; and 3.3.5.1 Section 3.01 and in the case of a Bankers’ Acceptance' Acceptance Loan, does not fails to pay to the Lender Agent the Face Amount face amount thereof on the Expiry Date of the relevant BA Period; or 3.3.5.2 Maturity Date, or in the case of a Libor Loan, does not fails to pay to the Lender Agent the principal amount thereof on the Expiry Date relevant Maturity Date, the applicable Borrower shall be deemed to have requested a Conversion of the relevant Interest Period, such Loan shall be converted to a Prime Rate Loan (if the maturing Loan is denominated in Canadian dollars), a Base Rate Canada Loan (if the maturing Loan is to the Canadian Borrower and is denominated in U.S. dollars) or a U.S. Base Rate Loan (if the maturing Loan is to the U.S. Borrower) or a Rollover of such Loan for a one month Interest Period (if the maturing Loan is denominated in U.S. dollarsis Euros), and all of the provisions hereof applicable to Prime Rate Loans, Base Rate Canada Loans and or U.S. Base Rate Loans, as the case may be, shall apply thereto. 3.3.6 . If a Default has occurred and is continuing at the time a Borrowing Notice is delivered: any Advance of, Rollover of or Conversion into a Bankers' Acceptance Loan or Libor Loan shall not be permitted; any Bankers' Acceptance Loan maturing on the relevant Borrowing Date shall be automatically converted to a Prime Rate Loan; and any Libor Loan maturing on the relevant Borrowing Date shall be automatically converted to a Base Rate Canada Loan in the case of the Canadian Borrower or to a U.S. Base Rate Loan in the case of the U.S. Borrower. A Rollover or Conversion shall not constitute a repayment of the relevant Loan but shall result in a change in the basis of calculation of interest or fees (as the case may be) for such Loan and, where applicable, the Currency of the Loan, in accordance with the provisions hereof.

Appears in 1 contract

Samples: Credit Agreement (Intier Automotive Inc)

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