Common use of Selection of Interest Periods and Terms Clause in Contracts

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (c) If the Borrower (or the Company on behalf of the Borrower) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), be three Months. (d) Subject to the other provisions of this Clause 11, the Company may select an Interest Period of three or six Months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant Loan). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (f) Each Interest Period for a Term Loan shall start on its Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 2 contracts

Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)

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Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrowerits behalf) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a an Uncommitted Accordion Term Facility Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a an Uncommitted Accordion Term Facility Loan is irrevocable and must be delivered to the Agent by the a Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (c) If the a Borrower (or the Company on behalf of the Borrower) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) aboveclause 14.1(b), the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), will be three 3 Months. (d) Subject to the other provisions of this Clause 11clause 14, the Borrower (or the Company on its behalf) may select an Interest Period of three 1, 2, 3 or six 6 Months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant Loan)) and the Company. In addition a Borrower (or the Company on its behalf) may select an Interest Period of (in relation to the an Uncommitted Accordion Term FacilityFacility which is an amortising facility) a period of less than three Months, if necessary to ensure that there are Uncommitted Accordion Term Facility Loans (with an aggregate amount Base Currency Amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An No Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term an Uncommitted Accordion Facility Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan or Uncommitted Accordion Revolving Facility Loan has one 1 Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 2 contracts

Samples: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company Parent on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) . Each Selection Notice for a Term Loan is irrevocable and must be delivered to the relevant Agent by the Borrower (or the Company Parent on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (c) . If the a Borrower (or the Company on behalf of the BorrowerParent) fails to deliver a Selection Notice to the relevant Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), will be three Months. (d) one Month. Subject to the other provisions of this Clause 1115.1, a Borrower (or the Company Parent) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company Parent and the Agent (acting on the instructions of all the Lenders in relation to the relevant LoanLenders). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (f) . Each Interest Period for a Term Facility Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) . A Revolving Facility Loan has one Interest Period only. (h) . Prior to the Syndication Date, Interest Periods shall be one Month month (or such other period as the Agent and Mandated Lead Arrangers may determine in consultation with the Company may agree Parent in order to assist syndication) and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.. In order to avoid the payment of Break Costs that may be incurred in connection with a prepayment contemplated by the terms of Clause 12.6 (ITG Subordinated Loan Proceeds) and until the date that all of the proceeds of the ITG Subordinated Loan have been so applied, the Parent or the Borrower may select an Interest Period for the Revolving Facility Loans of less than one Month in respect of the Interest Periods falling after the current Interest Periods to ensure that the date of prepayment is at the end of an Interest Period in an amount at least equal to the amount. Non-Business Days If an Interest Period would otherwise end on a day which is not a Business Day, that Interest Period will instead end on the next Business Day in that calendar month (if there is one) or the preceding Business Day (if there is not). Consolidation of Term Loans If two or more Interest Periods: relate to First Lien Facility Loans or Second Lien Facility Loans, as the case may be; and end on the same date,

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (International Textile Group Inc)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company Obligors’ Agent on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Subject to this Clause 11, a Borrower (or the Obligors’ Agent) may select an Interest Period of one, two, three or six Months or any other period agreed between the Obligors’ Agent and the Facility Agent (acting on the instructions of all the Lenders). (c) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company Obligors’ Agent on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (cd) If the a Borrower (or the Company on behalf of the BorrowerObligors’ Agent) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (bc) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), be three Months. (d) Subject to the other provisions of this Clause 11, the Company may select an Interest Period of three or six Months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant Loan). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination Final Maturity Date. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if a Loan has already been made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month month or such other period as the Facility Agent and the Company Obligors’ Agent may agree and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Facility Agreement (Yell Finance Bv)

Selection of Interest Periods and Terms. (a) A The Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan Facility Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan Facility Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (c) If the Borrower (or the Company on behalf of the Borrower) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 13.2 (Changes to Interest Periods), be three Months. (d) Subject to the other provisions of this Clause 1113, the Company Borrower may select an Interest Period for a Loan of one, two, three or six Months or any other period agreed between the Company Borrower and the Agent (acting on the instructions of all the Lenders in relation to the relevant Loan). In addition addition, the Company may Borrower may: (i) select an Interest Period of (in relation to the Term Facility) a period of less than three Months, one Month if necessary to ensure that there are sufficient Term Loan Facility Loans (with an aggregate amount equal to or greater than the relevant Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers Borrower to make the relevant Repayment Instalment due on that date; and (ii) select an Interest Period for a Term Loan Facility Loan of less than six Months if necessary to ensure that there is one or more Term Loan Facility Loans which have an Interest Period ending on the last day of the proposed Interest Period for such Term Loan Facility Loan. (e) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Loan Agreement (Melco Crown Entertainment LTD)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified TimeTime (or such later time as the Facility Agent may agree in writing on the instructions of all the Lenders that have participated in the relevant Loan). (c) If the a Borrower (or the Company on behalf of the BorrowerCompany) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), will be three Monthsone Month. (d) Subject to the other provisions of this Clause 1114, the Company may select an Interest Period of one, two, three or six Months or any other period agreed between the Company and the Facility Agent (acting on the instructions of all the Lenders in relation to the relevant Loan). . (e) In addition the Company may select an Interest Period of (in relation to the a Term Facility) a period Facility of less than three Monthsone Month, if necessary to ensure that there are a Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Loan Interest Period ending ends on a Repayment Date relating to so that the relevant Facility for the Borrowers to Company can make the Repayment Instalment due on that date. (ef) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (fg) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (gh) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (ShangPharma Corp)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company (on behalf of a any other Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the any other Borrower) to which that Term Loan was made not later than the Specified Time. (c) If the a Borrower (or the Company on behalf of the any other Borrower) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 13.2 (Changes to Interest Periods), be three Monthsone Month. (d) Subject to the other provisions of this Clause 1113, a Borrower (or the Company on behalf of any other Borrower) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company and the Facility Agent (acting on the instructions of all the Lenders in relation to the relevant LoanMajority Lenders). In addition a Borrower (or the Company on its behalf) may select an Interest Period of (in relation to the Term FacilityFacility A) a period of less than three Months, one month if necessary to ensure that there are Term Facility A1 Loans and Facility A2 Loans (with an aggregate amount Base Currency Amount equal to or greater than the Facility A1 Repayment Instalment or the Facility A2 Repayment Instalment) which have an Interest Period ending on a Facility A1 Repayment Date relating to or a Facility A2 Repayment Date as the relevant Facility case may be for the Borrowers to make the Facility A1 Repayment Instalment or the Facility A2 Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if a Loan has already been made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month month or such other period as the Facility Agent and the Company may agree and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Senior Facilities Agreement (Sirona Dental Systems, Inc.)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to Borrower)to which that Term Loan was made not later than the Specified Time. (c) If the Borrower (or the Company on behalf of the Borrower) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), be three Months. (d) Subject to the other provisions of this Clause 11, the Company may select an Interest Period of three or six Months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant Loan). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (f) Each Interest Period for a Term Loan shall start on its Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Facilities Agreement (StarTek, Inc.)

Selection of Interest Periods and Terms. (a) A The Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time and, following the Specified Time, is irrevocable. (c) If the Borrower (or the Company on behalf of the Borrower) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), for the applicable Loan will be three Months(3) Months unless the Utilisation Request or the previous Selection Notice for the relevant Loan selects an Interest Period which is stated to apply until the Borrower selects a different Interest Period in accordance with paragraph (a) above. (d) Subject to the other provisions of this Clause 1111.1 and paragraph (f) of Clause 6.5 (Pre-Funding Loans before the Settlement Date), the Company Borrower may select an Interest Period of (i) (x) one (1) week in respect of a Pre-Funding Loan and (y) one (1), three (3) or six (6) Months in respect of a Loan; or any (ii) such other period agreed between the Company Borrower and the Agent (acting on the instructions of all of the Lenders (acting reasonably) in relation to the relevant Loan). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company The Borrower may agree and any select an Interest Period which would otherwise end during other than as set out in paragraph (d) above, if necessary or desirable: (i) to align an Interest Period to a Quarter Date or the Month preceding last calendar day or extend beyond the Syndication Date shall end on the Syndication Date.last Business Day of any Month;

Appears in 1 contract

Samples: Senior Facilities Agreement (Atlas Investissement)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified TimeTime (or such later time as the Facility Agent may agree). (c) If the a Borrower (or the Company on behalf of the BorrowerCompany) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 17.2 (Changes to Interest Periods), be three Monthsone Month. (d) Subject to the other provisions of this Clause 1117, a Borrower (or the Company Company) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company Borrower (or the Company) and the Facility Agent (acting on the instructions of Lenders whose Commitments with respect to the relevant Facility aggregate at least 66 2/3 per cent. of all of the Commitments in respect of that Facility if such period is less than six Months or acting on the instructions of all the Lenders in relation to of the relevant LoanFacility if such period is more than six Months). In addition a Borrower (or the Company on its behalf) may select an Interest Period of of: (i) (in relation to Facility A or the Uncommitted Acquisition Facility or Acquisition Term FacilityLoans) a period of less than three Monthsone Month, if necessary to ensure that there are sufficient Facility A Loans or Acquisition Term Loans or, as the case may be, Acquisition Facility Loans (with an aggregate amount Base Currency Amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date; (ii) a period necessary to ensure that the Loans under the relevant Facility or Facilities to be redenominated in accordance with Clause 9.4 (Redenomination) have an interest period ending on the Redenomination Date for that Facility; or (iii) a period necessary to ensure that the last day of the relevant Interest Period matches any relevant payments under the Hedging Agreements. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (gf) A Revolving Facility Loan (other than an Acquisition Term Loan) has one Interest Period only. (g) An Interest Period for a Loan shall not extend beyond the Termination Date applicable to its Facility. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Facility Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Senior Facilities Agreement (NDS Group PLC)

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Selection of Interest Periods and Terms. (a) A Borrower (or the Company Obligors’ Agent on behalf of a Borrower) may select an Interest Period for a Loan an Advance in the Utilisation Request for that Loan Advance or (if the Loan Advance is a Term Loan Facility Advance or a Bridge Facility Advance and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan Facility Advance or a Bridge Facility Advance is irrevocable and must be delivered to the Agent by the Borrower (or the Company Obligors’ Agent on behalf of the Borrower) to which that Term Loan Advance was made not earlier than 10 Business Days and not later than 11.00 a.m. on the Specified Timethird Business Day before the last day of the Interest Period for the relevant Advance. (c) If the a Borrower (or the Company on behalf of the BorrowerObligors’ Agent) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 9.2 (Changes to Interest Periods), be three Monthsone month. (d) Subject to this Clause, a Borrower (or the other provisions of this Clause 11, the Company Obligors’ Agent) may select an Interest Period of one, two, three or six Months months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant LoanLenders). In addition a Borrower (or the Company Obligors’ Agent on its behalf) may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, one month if necessary to ensure that there are sufficient Term Loans Facility Advances (with an aggregate euro amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Term Facility Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan an Advance shall not extend beyond the Termination DateFinal Maturity Date applicable to the relevant Facility. (f) Each Interest Period for a Term Loan Facility Advance and a Bridge Facility Advance shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan Advance has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month month or such other period as the Agent (acting on the instructions of the Instructing Group) and the Company Obligors’ Agent may agree and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Multicurrency Senior Term, Bridge and Revolving Credit Facilities Agreement (Randstad North America, L.P.)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company Parent on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the relevant Agent by the Borrower (or the Company Parent on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (c) If the a Borrower (or the Company on behalf of the BorrowerParent) fails to deliver a Selection Notice to the relevant Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), will be three Monthsone Month. (d) Subject to the other provisions of this Clause 1115, a Borrower (or the Company Parent) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company Parent and the Agent (acting on the instructions of all the Lenders in relation to the relevant LoanLenders). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (f) Each Interest Period for a Term Facility Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month month (or such other period as the Agent and Mandated Lead Arrangers may determine in consultation with the Company may agree Parent in order to assist syndication) and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Term and Revolving Facilities Agreement (International Textile Group Inc)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Facility Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Facility Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If the a Borrower (or the Company on behalf of the BorrowerCompany) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 12.2 (Changes to Interest Periods), be three Months. (d) Subject to the other provisions of this Clause 1112, a Borrower (or the Company Company) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders Agent. In addition, in relation to the relevant Loan). In addition Term Facility, a Borrower (or the Company on its behalf) may select an Interest Period of (in relation to the Term Facility) a period of less than three Monthsone Month, if necessary to ensure that there are Term Facility Loans (with an aggregate amount Base Currency Amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term Facility Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Facilities Agreement (Noble International, Ltd.)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified TimeTime (or such later time as the Facility Agent may agree). (c) If the a Borrower (or the Company on behalf of the BorrowerCompany) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), will be three Monthsone Month. (d) Subject to the other provisions of this Clause 1112, a Borrower (or the Company Company) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company Borrower (or the Company) and the Facility Agent (acting on the instructions of the Majority Lenders if such period is less than six Months or acting on the instructions of all the Lenders in relation to the relevant Loanif such period is more than six Months). In addition a Borrower (or the Company on its behalf) may select an Interest Period of of: (in relation to the Term Facilityi) a period of less than three Months, if necessary to ensure that there the Loans under the Facility are Term Loans to be redenominated in accordance with Clause 6.2 (with an aggregate amount equal to or greater than the Repayment InstalmentRedenomination) which have an interest period ending on the Redenomination Date for the Facility; or (ii) a period necessary to ensure that the last day of the relevant Interest Period ending on a Repayment Date relating to matches any relevant payments under the relevant Facility for the Borrowers to make the Repayment Instalment due on that dateHedging Agreements. (e) An Each Interest Period for a Loan shall not extend beyond the Termination Date. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Mezzanine Facility Agreement (NDS Group PLC)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Loan Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than the Specified Time. (c) If the a Borrower (or the Company on behalf of the BorrowerCompany) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 13.2 (Changes to Interest Periods), be three Monthsone Month. (d) Subject to the other provisions of this Clause 1113, a Borrower (or the Company Company) may select an Interest Period of one, two, three or six Months or any other period which is shorter than six Months agreed between the Company and the Agent (in its sole discretion, acting reasonably) or any other period which is longer than six Months agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant LoanLenders). In addition a Borrower (or the Company on its behalf) may (in relation to Facility E) select an Interest Period of (in relation to the Term Facility) a period of less than three Monthsone Month, if necessary to ensure that (when aggregated with the Available Facility for Facility E) there are Term sufficient Facility E Loans (with an aggregate amount Base Currency Amount equal to or greater than the Repayment Instalmentamount by which Facility E Commitments must be reduced in order for them to be reduced to the relevant Reduced Amount) which have an Interest Period ending on a Repayment Reduction Date relating to the relevant Facility for the Borrowers scheduled reduction to make the Repayment Instalment due on that dateoccur. (e) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Multicurrency Facilities Agreement (Pernod Ricard S a /Fi)

Selection of Interest Periods and Terms. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan in the Utilisation Request for that Loan or (if the Loan is a Term Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Loan is irrevocable and must be delivered to the Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Loan was made not later than 11.00 a.m. on the Specified Time5th Business Day prior to the commencement of the next Interest Period. (c) If the a Borrower (or the Company on behalf of the BorrowerCompany) fails to deliver a Selection Notice to the Agent in accordance with paragraph (b) above, the relevant Interest Period will, subject to Clause 11.2 (Changes to Interest Periods), be three Monthsone Month. (d) Subject to the other provisions of this Clause 11, a Borrower (or the Company Company) may select an Interest Period of one, two, three or six Months or any other period agreed between the Company and the Agent (acting on the instructions of all the Lenders in relation to the relevant LoanLenders). In addition the Company may select an Interest Period of (in relation to the Term Facility) a period of less than three Months, if necessary to ensure that there are Term Loans (with an aggregate amount equal to or greater than the Repayment Instalment) which have an Interest Period ending on a Repayment Date relating to the relevant Facility for the Borrowers to make the Repayment Instalment due on that date. (e) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (f) Each Interest Period for a Term Loan shall start on its the Utilisation Date or (if already made) on the last day of its preceding Interest Period. (g) A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month month or such other period as the Agent and the Company may agree and any Interest Period which would otherwise end during the Month month preceding or extend beyond the Syndication Date shall end on the Syndication Date.

Appears in 1 contract

Samples: Senior Facilities Agreement (Melco PBL Entertainment (Macau) LTD)

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