Secondary Term CXXXX Conversion. Notwithstanding anything to the contrary in this Agreement or in any Loan Documents and subject to the proviso below in this clause, if a Term CXXXX Transition Event and its related Term CXXXX Transition Date have occurred, then on and after such Term CXXXX Transition Date (i) the Canadian Benchmark Replacement described in clause (a)(i) of such definition will replace the then-current Canadian Benchmark for all purposes hereunder or under any Loan Document in respect of any setting of such Canadian Benchmark on such day and all subsequent settings, without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document; and (ii) each Loan outstanding on the Term CXXXX Transition Date bearing interest based on the then-current Canadian Benchmark shall convert, at the last day of the then current interest payment period, into a Loan bearing interest at the Canadian Benchmark Replacement described in clause (a)(i) of such definition for the respective Available Tenor as selected by the Borrower as is available for the then-current Canadian Benchmark; provided that, this clause (vi) shall not be effective unless the Administrative Agent has delivered to the Lenders and the Borrower a Term CXXXX Notice, and so long as the Administrative Agent has not received, by 5:00 p.m. (Toronto time) on the fifth (5th) Business Day after the date of the Term CXXXX Notice, written notice of objection to such conversion to Term CXXXX from Lenders comprising the Required Lenders or the Borrower. This Section 3.03(c) shall supersede any provisions in Section 10.01 to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)
Secondary Term CXXXX Conversion. Notwithstanding anything to the contrary in this Agreement herein or in any Loan Documents Document and subject to the proviso below in this clauseSection 18.6.6, if a Term CXXXX Transition Event and its related Term CXXXX Transition Date have occurred, then on and after such Term CXXXX Transition Date (i) the Canadian Benchmark Replacement described in clause (a)(i) of such definition will replace the then-current Canadian Benchmark for all purposes hereunder or under any Loan Document in respect of any setting of such Canadian Benchmark on such day and all subsequent settings, without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document; and (ii) each Loan outstanding on the Term CXXXX Transition Date bearing interest based on the then-current Canadian Benchmark shall convert, at on the last day of the then then-current interest payment period, into a Loan bearing interest at the Canadian Benchmark Replacement described in clause (a)(i) of such definition for having a tenor approximately the respective same length as the interest payment period applicable to such Loan immediately prior to the conversion or such other Available Tenor as may be selected by the Borrower as is available for and agreed by the then-current Canadian BenchmarkAdministrative Agent; provided that, this clause (vi) Section 18.6.6 shall not be effective unless the Administrative Agent has delivered to the Lenders and the Borrower a Term CXXXX Notice, and so long as the Administrative Agent has not received, by 5:00 p.m. (Toronto time) on the fifth (5th) Business Day after the date of the Term CXXXX Notice, written notice of objection to such conversion to Term CXXXX from Lenders comprising the Required Lenders or the Borrower. This Section 3.03(c) shall supersede any provisions in Section 10.01 to the contrary.
Appears in 2 contracts
Samples: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.)
Secondary Term CXXXX Conversion. Notwithstanding anything to the contrary in this Agreement herein or in any Loan Documents Document and subject to the proviso below in this clause, if a Term CXXXX Transition Event and its related Term CXXXX Transition Date have occurred, then on and after such Term CXXXX Transition Date (i) the Canadian Benchmark Replacement described in clause (a)(i) of such definition will replace the then-current Canadian Benchmark for all purposes hereunder or under any Loan Document in respect of any setting of such Canadian Benchmark on such day and all subsequent settings, without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document; and (ii) each Loan outstanding on the Term CXXXX Transition Date bearing interest based on the then-current Canadian Benchmark shall convert, at the last day of the then current interest payment period, into a Loan bearing interest at the Canadian Benchmark Replacement described in clause (a)(i) of such definition for the respective Available Tenor as selected by the Borrower Cxxxxxxxx as is available for the then-current Canadian Benchmark; provided that, this clause (vi) shall not be effective unless the Administrative Agent has delivered to the Lenders and the Borrower Cxxxxxxxx a Term CXXXX Notice, and so long as the Administrative Agent has not received, by 5:00 p.m. (Toronto time) on the fifth (5th) Business Day after the date of the Term CXXXX Notice, written notice of objection to such conversion to Term CXXXX from Lenders comprising the Required Lenders or the Borrower. This Section 3.03(c) shall supersede any provisions in Section 10.01 to the contraryCxxxxxxxx.
Appears in 1 contract
Secondary Term CXXXX Conversion. Notwithstanding anything to the contrary in this Agreement herein or in any Loan Documents Document and subject to the proviso below in this clause, if a Term CXXXX Transition Event and its related Term CXXXX Transition Date have occurred, then on and after such Term CXXXX Transition Date (i) the Canadian Benchmark Replacement described in clause (a)(i) of such definition will replace the then-current Canadian Benchmark for all purposes hereunder or under any Loan Document in respect of any setting of such Canadian Benchmark on such day and all subsequent settings, without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document; and (ii) each Loan outstanding on the Term CXXXX Transition Date bearing interest based on the then-current Canadian Benchmark shall convert, at the last day start of the then current next interest payment period, into a Loan bearing interest at the Canadian Benchmark Replacement described in clause (a)(i) of such definition for having a tenor approximately the respective same length as the interest payment period applicable to such Loan immediately prior to the conversion or such other Available Tenor as may be selected by the Borrower as is available for and agreed by the then-current Canadian BenchmarkAdministrative Agent; provided that, this clause (vi) shall not be effective unless the Administrative Agent has delivered to the Lenders and the Borrower a Term CXXXX Notice, and so long as the Administrative Agent has not received, by 5:00 p.m. (Toronto time) on the fifth (5th) Business Day after the date of the Term CXXXX Notice, written notice of objection to such conversion to Term CXXXX from Lenders comprising the Required Lenders or the Borrower. This Section 3.03(c) shall supersede any provisions in Section 10.01 to the contrary.
Appears in 1 contract
Samples: Asset Backed Revolving Credit Agreement (CURO Group Holdings Corp.)
Secondary Term CXXXX Conversion. Notwithstanding anything to the contrary in this Agreement herein or in any Loan Documents Document and subject to the proviso below in this clauseparagraph, if a Term CXXXX Transition Event and its related Term CXXXX Transition Date have occurred, then on and after such Term CXXXX Transition Date (i) the Canadian Benchmark Replacement described in clause paragraph (a)(ia)(i)(A) of such definition will replace the then-current Canadian Benchmark for all purposes hereunder or under any Loan Document in respect of any setting of such Canadian Benchmark on such day and all subsequent settings, without any amendment to, or further action or consent of any other party to, this Agreement or any other Loan Document; and (ii) each Revolving Credit Loan outstanding on the Term CXXXX Transition Date bearing interest based on the then-current Canadian Benchmark shall convert, at on the last first day of the then current next interest payment period, into a Revolving Credit Loan bearing interest at the Canadian Benchmark Replacement described in clause paragraph (a)(ia)(i)(A) of such definition for the respective Available Tenor as selected by the Borrower as is available for the then-current Canadian Benchmark; , provided that, this clause paragraph (vih) shall not be effective unless the Administrative Agent Lender has delivered to the Lenders and the Borrower a Term CXXXX Notice, and so long as the Administrative Agent Lender has not received, by 5:00 p.m. (Toronto time) on the fifth (5th) Business Day after the date of the Term CXXXX Notice, written notice of objection to such conversion to Term CXXXX from Lenders comprising the Required Lenders or the Borrower. This Section 3.03(c) shall supersede any provisions in Section 10.01 to the contrary.
Appears in 1 contract
Samples: Loan Agreement (Vicinity Motor Corp)