Common use of Selection of currency Clause in Contracts

Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of the Loan: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwards) in a Selection Notice. (b) If a Borrower (or the Company on behalf of a Borrower) fails to issue a Selection Notice in relation to a Loan, it shall be deemed to have requested that the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Facility Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 2 contracts

Samples: Multicurrency Loan Facility Agreement (Xstrata PLC), Loan Facility Agreement (Falconbridge LTD)

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Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of the Loana Utilisation: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwardsafterwards in relation to a Loan made to it) in a Selection Notice. (b) If a Borrower (or the Company on behalf of a Borrower) fails to issue a Selection Notice in relation to a Loan, it shall be deemed to have requested that the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Facility Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 2 contracts

Samples: Term Loan Facilities Agreement, Term Loan Facilities Agreement (Linde AG)

Selection of currency. (a) A Borrower (or the Company Parent on behalf of a Borrower) shall select the currency of the a Loan: (i) (in the case of an initial Utilisation) in a Utilisation Request; and (ii) (afterwardsafterwards in relation to a Loan made to it) in a Selection Notice. (b) If a Borrower (or the Company Parent on behalf of a Borrower) fails to issue a Selection Notice in relation to a Loan, it shall be deemed to have requested that the Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a Borrower (or the Company Parent on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new other currency, the Facility Agent shall promptly notify the Borrower and the Lenders and the Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 1 contract

Samples: Facility Agreement (Gold Fields LTD)

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Selection of currency. (a) A Borrower (or the Company on behalf of a Borrower) shall select the currency of the a Facility A1 Loan or a Revolving Loan: (i) (, Letter of Credit or Bank Guarantee in the case of an initial Utilisation) Utilisation in a Utilisation Request; and (ii) (Request and afterwards) , in relation to a Facility A1 Loan made to it, in a Selection Notice. (b) If a the Borrower (or the Company on behalf of a Borrower) fails to issue select the currency in a Selection Notice in relation to a Facility A1 Loan, it shall be deemed to have requested that the such Loan will remain denominated for its next Interest Period in the same currency in which it is then outstanding. (c) If a the Borrower (or the Company on behalf of a Borrower) issues a Selection Notice requesting a change of currency and the first day of the requested Interest Period is not a Business Day for the new currency, the Facility Agent shall promptly notify the Borrower and the Lenders and the Facility A1 Loan will remain in the existing currency (with Interest Periods running from one Business Day until the next Business Day) until the next day which is a Business Day for both currencies, on which day the requested Interest Period will begin.

Appears in 1 contract

Samples: Secured Facilities Agreement (Grohe Holding GMBH)

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