Common use of Selection of Interest Periods Clause in Contracts

Selection of Interest Periods. (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 Facility 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 a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders); and (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 4 contracts

Samples: Senior Facilities Agreement (Liberty Global PLC), Super Senior Facilities Agreement (Liberty Global PLC), Amendment and Restatement Agreement (Liberty Global PLC)

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Selection of Interest Periods. (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 A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 11.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanthree Months. (d) Subject to this Clause 1311, a Borrower (or the Company) may select an Interest Period of: (i) in relation to of three or six Months for a Revolving Facility, any number Facility A Loan or an Interest Period of days from and including one day to and including 30 days or one, two, three or six Months for a Facility B Loan or a Facility C Loan, or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Loan). In addition a Borrower (or instructions from the Lenders); and Company on its behalf) may select an Interest Period of less than one Month (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersA), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment 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 A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each Revolving Facility B Loan and Facility C Loan has one Interest Period only.

Appears in 4 contracts

Samples: Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA), Facility Agreement (Marine Harvest ASA)

Selection of Interest Periods. (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 Facility Loan and has already been borrowed or in the case of a LC Loan deemed borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Facility 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 Facility Loan was made not later than 11:00 a.m. four (4) Business Days before the Specified Timelast day of the then current Interest Period. (c) If a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent (in accordance with paragraph clause (b) above, or otherwise) the relevant Interest Period will will, subject to clause 11.1(h) below, be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice three (as applicable3) for the relevant Term Facility Loanmonths. (d) Subject to this Clause 13clause 11, a the Borrower (or the Company) may select an Interest interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three months or six Months or any such other period (subject to no minimum term) as agreed between the Company and Borrower may agree with the Facility Agent (without seeking any further consent or instructions from the Lenders); and (ii) in relation time to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment datetime. (e) An No Interest Period for a Loan shall not extend beyond the Termination that Loan’s Final Maturity Date. (f) Each Interest interest Period for a Term Facility Loan shall start commence on the actual Utilisation Date or, or (if already made, ) on the last day of its preceding Interest PeriodPeriod or, in the case of a LC Loan, on the Due Date relating to that LC Loan. (g) Each Revolving Facility If a Loan has one is already outstanding under a Facility, then the first Interest Period onlyfor each subsequent Loan under that Facility must end on the last day of the current Interest Period for such outstanding Loan (the Current Interest Period) and on the last day of the Current Interest Period, the new Loan will be consolidated with all other borrowings outstanding in respect of that Facility so that together they form the Loan on the last day of the Interest Period. The next following Interest Period will then be applicable to the Loan in accordance with the terms of clause 11.3 (Consolidation of Loans) as a whole. (h) No Interest Period for any Loan under a Facility shall overrun a Repayment Date relating to such Facility.

Appears in 3 contracts

Samples: Facility Agreement, Facility Agreement (Hoegh LNG Partners LP), Facility Agreement (Hoegh LNG Partners LP)

Selection of Interest Periods. (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 in respect of a Term Facility Loan and has already been borrowedLoan) in a Selection Notice. (b) Each Selection Notice for a Term Facility 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 Facility Loan was made not later than the Specified Time. (c) If a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1310, a the Borrower (or the Company) may select an Interest Period of: (i) in relation to of 1, 2 or 3 Months provided that an Interest Period for a Revolving Facility, any number of days from and including one day to and including 30 days Settlement Loan shall be 1 or one, two, three 2 weeks or six Months or any other such shorter period (subject to no minimum term) as agreed between the Company Agent and the Facility Agent (without seeking any further consent or instructions from the Lenders); and (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment dateBorrower. (e) An Interest Period for a Loan shall not extend beyond the Final Termination Date. (f) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, if already made, last day of the Interest Period for the Revolving Loan from which it is converted pursuant to Clause 7.2 (Term Out Option) or on the last day of its preceding Interest Period. (g) Each A Revolving Facility Loan has one Interest Period onlyonly (commencing on its Utilisation Date). Subject to the other provisions of this Clause, a Term Loan may have several successive Interest Periods. (h) Prior to determining the interest rate for an Interest Period beginning before the Syndication Date, the Agent may shorten that Interest Period to a duration of 1 month (or such shorter duration as may be desirable to ensure that the Interest Period ends on a date on which rights and obligations under this Agreement are to be transferred to persons becoming Parties as a result of the syndication of the Facility).

Appears in 2 contracts

Samples: Credit Facility Agreement (Lafarge), Credit Facility Agreement (Lafarge)

Selection of Interest Periods. (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 A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 13.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Facility). In addition a Borrower (or instructions from the Lenders); and Company on its behalf) may select an Interest Period of less than one Month (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersA), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment date. (e) Prior to determining the interest rate for an Interest Period beginning before the Syndication Date, the Agent may shorten that Interest Period to a duration of one Month (or such shorter duration as may be desirable) to ensure that the Interest Period ends on a date on which rights and obligations under this Agreement are to be novated or assigned to persons becoming Parties as a result of Syndication. (f) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (fg) Each Interest Period for a Term Facility A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (gh) Each Revolving A Facility B Loan has one Interest Period only.

Appears in 2 contracts

Samples: Facility Agreement (Rockwood Specialties Group Inc), Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

Selection of Interest Periods. (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 A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 13.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Facility). In addition a Borrower (or instructions from the Lenders); and Company on its behalf) may select an Interest Period of less than one Month (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersA), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment date. (e) Prior to determining the interest rate for an Interest Period beginning before the Syndication Date, the Agent may shorten that Interest Period to a duration of one Month (or such shorter duration as may be desirable) to ensure that the Interest Period ends on a date on which rights and obligations under this Agreement are to be novated or assigned to persons becoming Parties as a result of Syndication. (f) 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 2 contracts

Samples: Facility Agreement (Rockwood Specialties Group Inc), Facility Agreement (Rockwood Specialties Group Inc)

Selection of Interest Periods. (a) A Borrower (or the Company on behalf of a Borrower) may select an Each Interest Period for shall have 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 Facility Agent by the Borrower (or the Company on behalf duration of the Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period ofone Month until: (i) in relation respect of Facility A Loans and Facility B Loans only, the Agent receives a Selection Notice requesting another duration in accordance with the provisions of paragraph (b) below; or, (ii) in respect of any Loan, the Borrower shall select another duration in accordance with the provisions of paragraph (c) below. (b) The Company may not send the Selection Notice to a Revolving Facilitythe Agent prior to the Syndication Date. The Company shall select pursuant to the Selection Notice an Interest Period duration under Facility A Loans and Facility B Loans of two, three or six Months (or any other duration agreed between the Agent (acting on the instruction of all the Lenders) and the Company). The selected Interest Period duration shall apply to all Interest Periods relating to Facility A Loans and Facility B Loans until the Facility A Final Maturity Date and the Facility B Final Maturity Date respectively. (c) Following the Syndication Date, any number Utilisation Request delivered to the Agent may select an Interest Period duration of days from and including one day to and including 30 days or one, two, three or six Months (or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from acting on the instruction of all the Lenders); and (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from Company. Utilisation Request delivered prior to the Lenders), provided that any Syndication Date shall not select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment dateother than one Month. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (fd) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, if already made, and each successive Interest Period shall commence on the last day of its preceding Interest Periodthe previous one. (ge) Each Revolving Facility Loan has one The first Interest Period onlyof any Facility A Loan shall end on the last day of all other outstanding Facility A Loans (if any). (f) The first Interest Period of any Facility B Loan shall end on the last day of all other outstanding Facility B Loans (if any).

Appears in 1 contract

Samples: Facility Agreement (Sanofi Synthelabo Sa)

Selection of Interest Periods. (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 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 Facility 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 a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 10.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1310, a the Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company Borrower and the Facility Agent (without seeking acting on the instructions of all the Lenders participating in the relevant Loan). In addition, the Borrower may: (i) select an Interest Period of less than two Months for any further consent or instructions from Facility A Loan, Facility B Loan, Facility C Loan and/or Facility D Loan in connection with any refinancing thereof provided that that Loan shall be wholly repaid and any related Commitment wholly cancelled on the Lenders); andlast day of that Interest Period; (ii) (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum termFacility A) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with A Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrower to make the repayment Facility A Repayment Instalment due on that repayment date. ; WTL/1019005126/Third Amended and Restated FA (eiii) An (in relation to Facility B) select an Interest Period for a Loan shall not extend beyond of less than one Month, if necessary to ensure that the Termination Date. (f) Each Interest Period for a Term Periods of two or more Facility Loan shall start B Loans will end on the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.same date;

Appears in 1 contract

Samples: Third Amendment and Restatement Agreement (Las Vegas Sands Corp)

Selection of Interest Periods. (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 in the case of a Facility A Loan is a Term Facility Loan and which has already been borrowed) in a Selection NoticeNotice so as to ensure that: with respect to Facility A only (i) each Facility A Repayment Date will also be the last day of an Interest Period; (ii) the Consolidation Date will also be the last day of an Interest Period; and (iii) all the Facility A Loans have an Interest Period ending on the Consolidation Date. with respect to all Facilities (iv) no Loan shall have an Interest Period expiring after the Termination Date. (b) Each Selection Notice for a Term Facility A Loan is irrevocable and must be delivered to the Facility Agent by the Original 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 a the Original Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to paragraph (e) below, be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan3 Months. (d) Subject to this Clause 139, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and (ii) the Original Borrower, with respect to each Facility A Loan, may select a first Interest Period of less than one week in relation to a Term Facilityany Utilisation Request. After this first Interest Period the immediately following Interest Period may be of less than one month, one, two, three or six Months or any other period (subject to no minimum term) as then agreed between the Company Original Borrower and the Agent in order to consolidate all outstanding Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment dateA Loans. (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 A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each Revolving A Facility B Loan or a Facility C Loan has one Interest Period only.

Appears in 1 contract

Samples: Multicurrency Term and Revolving Facilities Agreement (Tenedor CORP)

Selection of Interest Periods. (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 Facility Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Facility A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company Obligors’ Agent on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the CompanyObligors’ Agent) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 10.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1310, a Borrower (or the CompanyObligors’ Agent) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company Obligors’ Agent and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and . In addition a Borrower (iior the Obligors’ Agent on its behalf) may (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum termFacility A) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment 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 A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each Revolving A Facility B Loan has one Interest Period only.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Octel Corp)

Selection of Interest Periods. (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 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 Facility Agent by the Borrower (or the Company Parent on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the CompanyParent) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 13.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanthree Months. (d) Subject to this Clause 13, a Borrower (or the CompanyParent) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company Parent and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Facility). In addition a Borrower (or instructions from the Lenders); and Parent on its behalf) may select an Interest Period of less than three Months (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersA), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with A Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Facility A Repayment Instalment due on that repayment date. (e) Prior to determining the interest rate for an Interest Period beginning before the Syndication Date, the Agent may shorten that Interest Period to a duration of one Month (or such shorter duration as may be desirable) to ensure that the Interest Period ends on a date on which rights and obligations under this Agreement are to be novated or assigned to persons becoming Parties as a result of Syndication. (f) An Interest Period for a Loan shall not extend beyond the Termination Date. (fg) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (gh) Each A Revolving Credit Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Facility Agreement (Rockwood Holdings, Inc.)

Selection of Interest Periods. (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 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 Facility 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 a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be will, subject to Clause 10.2 (Changes to Interest Periods), be: (i) (if the Interest Period selected Loan is not a Compounded Rate Loan) one Month; or (ii) (if the Loan is a Compounded Rate Loan) the period specified in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanapplicable Compounded Rate Terms. (d) Subject to this Clause 1310, a the Borrower (or the Company) may select an Interest Period of: (i) in relation to (if the Loan is not a Revolving Facility, any number of days from and including one day to and including 30 days or Compounded Rate Loan) one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersMonth(s); andor (ii) (if the Loan is a Compounded Rate Loan) any period specified in the applicable Compounded Rate Terms, or, in either case, of any other period agreed between the Borrower and the Agent (acting on the instructions of all the Lenders participating in the relevant Loan). In addition, the Borrower may: (A) select an Interest Period of less than two Months for any Facility A Loan, Facility B Loan, Facility C Loan and/or Facility D Loan in connection with any refinancing thereof provided that that Loan shall be wholly repaid and any related Commitment wholly cancelled on the last day of that Interest Period; (B) (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum termFacility A) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with A Repayment Instalment) which have an Interest Period ending on a Facility A Repayment Date for the Borrower to make the Facility A Repayment Instalment due on that date; (C) (in relation to Facility B) select an Interest Period of less than one Month, if necessary to ensure that the Interest Periods ending of two or more Facility B Loans will end on the same date; (D) (in relation to Facility C) select an Interest Period of less than one Month, if necessary to ensure that there are sufficient Facility C Loans (with an aggregate amount equal to or greater than the relevant repayment instalment in respect of Facility C) which have an Interest Period ending on a scheduled repayment date applicable to Facility C for the Borrower to make that repayment instalment due on that date; or (E) (in a relation to Facility D) select an Interest Period of less than one Month, if necessary to ensure that there are sufficient Facility D Loans (with an aggregate amount equal to or greater than the Facility D Repayment Instalment) which have an Interest Period ending on a Facility D Repayment Date for the Borrower to make the repayment Facility D Repayment Instalment due on that repayment date. (e) An Interest Period for a Facility A Loan shall not extend beyond the Facility A Termination Date. An Interest Period for a Facility B Loan shall not extend beyond the Facility B Termination Date. An Interest Period for a Facility C Loan shall not extend beyond its scheduled final maturity date and/or the Facility C Longstop Termination Date. An Interest Period for a Facility D Loan shall not extend beyond the Facility D Termination Date. (f) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, or (if a Term Loan has already been made, ) on the last day of its the preceding Interest PeriodPeriod of such Loan. (g) Each Revolving A Facility B Loan has one Interest Period only.

Appears in 1 contract

Samples: Facility Agreement (Las Vegas Sands Corp)

Selection of Interest Periods. (a) A Borrower (or must select the Company on behalf of a Borrower) may select an initial Interest Period for which is to apply to a Loan Funding Portion in the Utilisation Request Funding Notice delivered for that Loan or (if the Loan is a Term Facility Loan and has already been borrowed) in a Selection NoticeFunding Portion. (b) Each A Borrower may select a subsequent Interest Period which is to apply to a Funding Portion in a Selection Notice delivered for a Term Facility 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 Facility Loan was made not later than the Specified TimeFunding Portion. (c) If a Borrower Each Interest Period must: (1) until Successful Syndication, be of 1 week (or such other period as the Company) fails to deliver a Selection Notice Borrowers and the Joint Lead Arrangers may agreed having regard to the Facility anticipated date of Successful Syndication and provided that, until Successful Syndication occurs, all Interest Periods for all outstanding Funding Portions must end on the same date); and (2) thereafter, be of 1, 2, 3 or 6 months or any other period agreed between the Borrower and the Senior Agent in accordance with paragraph (b) aboveacting on the instructions of the Majority Financiers if less than 6 months, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice all Financiers (as applicableother than a Retired Financier), if more) for the relevant Term Facility LoanFunding Portion. (d) Subject to this Clause 13, a Borrower (or the Company) may select If an Interest Period of: (i) in relation to ends on a Revolving Facilityday which is not a Business Day, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) it is regarded as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders); and (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date next Business Day in a sufficient aggregate amount to make the repayment due on that repayment datesame calendar month or, if none, the preceding Business Day. (e) An Interest Period for a Loan shall not extend beyond Funding Portion commences either on the first Funding Date for that Funding Portion or on the last day of the immediately preceding Interest Period for that Funding Portion. (f) No Interest Period may end after the Termination Date. (fg) Each If a Borrower: (1) fails to select an Interest Period for a Term Facility Loan shall start on the Utilisation Date Funding Portion under clause 4.6(a) or clause 4.6(b); or, if already made, on the last day of its preceding Interest Period. (g2) Each Revolving Facility Loan has one selects an Interest Period onlyin a manner which does not comply with this clause 4.6, then that Interest Period will be, subject to clauses 4.6(d), (e) and (f), 1 month.

Appears in 1 contract

Samples: Syndicated Multi Currency Senior Facilities Agreement (Worldwide Restaurant Concepts Inc)

Selection of Interest Periods. (a) A Borrower (or the Company on behalf of a Borrower) may select an Each Interest Period for shall have 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 Facility Agent by the Borrower (or the Company on behalf duration of the Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period ofone Month until: (i) in relation respect of Facility A Loans and Facility B Loans only, the Agent receives a Selection Notice requesting another duration in accordance with the provisions of paragraph (b) below; or, (ii) in respect of any Loan, the Borrower shall select another duration in accordance with the provisions of paragraph (c) below. (b) The Company may not send the Selection Notice to a Revolving Facilitythe Agent prior to the Syndication Date. The Company shall select pursuant to the Selection Notice an Interest Period duration under Facility A Loans and Facility B Loans of two, three or six Months (or any other duration agreed between the Agent (acting on the instruction of all the Lenders) and the Company). The selected Interest Period duration shall apply to all Interest Periods relating to Facility A Loans and Facility B Loans until the Facility A Final Maturity Date and the Facility B Final Maturity Date respectively. (c) Following the Syndication Date, any number Utilisation Request delivered to the Agent may select an Interest Period duration of days from and including one day to and including 30 days or one, two, three or six Months (or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from acting on the instruction of all the Lenders); and) and the Company. Utilisation Request delivered prior to the Syndication Date shall not select an Interest Period duration other than one Month. (iid) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Each Interest Period that would otherwise end during the month preceding or extend beyond for a repayment date relating to the Term Facility Loan shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending start on the relevant repayment date in a sufficient aggregate amount to make Utilisation Date and each successive Interest Period shall commence on the repayment due on that repayment datelast day of the previous one. (e) The first Interest Period of any Facility A Loan shall end on the last day of all other outstanding Facility A Loans (if any). (f) The first Interest Period of any Facility B Loan shall end on the last day of all other outstanding Facility B Loans (if any). (g) An Interest Period for a Loan shall not extend beyond the Termination Datefinal maturity date applicable to the Facility to which it relates. (f) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Facility Agreement (Sanofi Synthelabo Sa)

Selection of Interest Periods. 64 (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 Facility 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 a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders); and (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

Selection of Interest Periods. (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 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 Facility 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 a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 10.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1310, a the Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company Borrower and the Facility Agent (without seeking acting on the instructions of all the Lenders participating in the relevant Loan). In addition, the Borrower may: (i) select an Interest Period of less than two Months: (A) for the first Facility A Loan, the first Facility B Loan and/or the first Facility C Loan; and/or (B) for any further consent or instructions from Facility A Loan, Facility B Loan and/or Facility C Loan in connection with any refinancing thereof provided that that Loan shall be wholly repaid and any related Commitment wholly cancelled on the Lenders); andlast day of that Interest Period; (ii) (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum termFacility A) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with A Repayment Instalment) which have an Interest Period ending on a Facility A Repayment Date for the Borrower to make the Facility A Repayment Instalment due on that date; or (iii) (in relation to Facility B) select an Interest Period of less than one Month, if necessary to ensure that the Interest Periods ending of two or more Facility B Loans will end on the same date; or (iv) (in relation to Facility C) select an Interest Period of less than one Month, if necessary to ensure that there are sufficient Facility C Loans (with an aggregate amount equal to or greater than the relevant repayment instalment in respect of Facility C) which have an Interest Period ending on a scheduled repayment date in a sufficient aggregate amount applicable to Facility C for the Borrower to make the that repayment instalment due on that repayment 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Las Vegas Sands Corp)

Selection of Interest Periods. (a) A Borrower (or the Company on behalf of a Borrower) may select an Interest Period for a Loan and a term for a Letter of Credit or Bank Guarantee in the Utilisation Request for that Loan Loan, Letter of Credit or Bank Guarantee (as the case may be) or (if the Loan is for 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 Facility Agent by the relevant Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 12.2 (CHANGES TO INTEREST PERIODS), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1312, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three three, five or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions from of the Majority Lenders); and . In addition, a relevant Borrower (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any on its behalf) may select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month if necessary to ensure that there are sufficient Facility A1 Loans under and/or Facility A2 Loans, as the case may be (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Repayment Date, for the relevant repayment date in a sufficient aggregate amount Borrower to make the repayment Repayment Instalment due on that repayment 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Secured Facilities Agreement (Grohe Holding GMBH)

Selection of Interest Periods. (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 Facility Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Facility A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company Obligors’ Agent on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the CompanyObligors’ Agent) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 10.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanthree Months. (d) Subject to this Clause 1310, a Borrower (or the CompanyObligors’ Agent) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company Obligors’ Agent and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and . In addition a Borrower (iior the Obligors’ Agent on its behalf) may (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum termFacility A) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment 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 A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each Revolving A Facility B Loan has one Interest Period only.

Appears in 1 contract

Samples: Facilities Agreement (Innospec Inc.)

Selection of Interest Periods. (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 or Revolving Capex 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 Facility Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Facility Loan or Revolving Capex Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 13.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six 6 Months (or any other period (subject to no minimum term) shorter than 6 months as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders); and (iiAgent) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) longer than 6 months as agreed between the Company and all Lenders participating in that Loan. In addition a Borrower (or the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Company on its behalf) may select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that that: (i) there are sufficient Facility A Loans under or, as the relevant case may be, Revolving Capex Loans which have an Interest Period ending on a Facility A Repayment Date or, as the case may be, Revolving Capex Repayment Date for the Borrowers to make payment of the Facility A Repayment Instalment or, as the case may be, Revolving Capex Repayment Instalments due on that date; or (ii) there are sufficient Term Facility with Loans which have an Interest Periods Period ending on the relevant repayment date of any Debt Pushdown for the Company to repay the Term Loans due to be repaid on such date or, in a sufficient aggregate amount to make the repayment due on that repayment datecase of Cash Bridge Facility A Loans, the date upon which they may be redesignated. (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 or a Revolving Capex Loan shall start on the Utilisation Date or, or (if a Loan has already been made, ) on the last day of its preceding Interest Period. (g) Each 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 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 (Nordic Telephone CO ApS)

Selection of Interest Periods. (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 Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 13.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan1 Month. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 2, 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Loan). In addition, a Borrower (or instructions from the Lenders); and (iiCompany on its behalf) may select an Interest Period of less than 1 Month in relation to a Term Facility A, Facility B, Facility C or the Capex Facility, oneif necessary, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans, Facility B Loans, Facility C Loans under the relevant Term or Capex Facility with Loans (as appropriate) which have an Interest Periods Period ending on a Facility A Repayment Date, Facility B Repayment Date, Facility C Repayment Date or Capex Facility Repayment Date (as appropriate) for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Facility A Repayment Instalment, Facility B Repayment Instalment, Facility C Repayment Instalment or Capex Facility Repayment Instalment (as appropriate) due on that repayment date. (e) An For the purposes of determining the interest rate for an Interest Period for a Loan shall not extend beyond beginning before the Termination Syndication Date. (f) Each , the Agent may shorten that Interest Period for to a Term Facility Loan shall start on duration of 1 Month (or such other duration as may be agreed between the Utilisation Date or, if already made, on Mandated Lead Arrangers and the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Company to ensure that the Interest Period onlyends on a date on which rights and obligations under this Agreement are to be novated to persons becoming Parties as a result of Syndication).

Appears in 1 contract

Samples: Senior Facility Agreement (Inmarsat Holdings LTD)

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Selection of Interest Periods. (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 Facility 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 a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders); and (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further 68 63529049_1 consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Additional Facility Accession Agreement (Liberty Global PLC)

Selection of Interest Periods. (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 Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the CompanyCompany on behalf of a Borrower) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 14.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1314, a Borrower (or the CompanyCompany on behalf of a Borrower) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and . In addition a Borrower (iior the Company on its behalf) may select an Interest Period of (in relation to a Term FacilityFacility C) less than one Month, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility C Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility C Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Facility C Repayment Instalment due on that repayment 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 the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each 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 Borrower (or the Company on its behalf) 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 (HeidelbergCement AG)

Selection of Interest Periods. (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 which 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 Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (ba) above, the relevant Interest Period will be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1311, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions from of the Lenders); and (ii) Majority Lenders or, in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any case of an Interest Period that would otherwise end during of more than six Months, all the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans Lenders under the relevant Term Facility with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment dateFacility). (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 the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each A Revolving Facility Loan has one Interest Period only. (h) Prior to the Syndication Date, Interest Periods shall be one Month or such other periods as the Arrangers 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 Term and Revolving Facilities Agreement (Melrose PLC)

Selection of Interest Periods. (a) 9.1.1 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) 9.1.2 Each Selection Notice for a Term Facility Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not no later than 10.00am on the Specified Timefourth Business Day prior to the last day of the existing Interest Period for that Loan. (c) 9.1.3 If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) aboveClause 9.1.2, the relevant Interest Period will will, subject to Clause 9.2 (Change to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) 9.1.4 Subject to this Clause 139 (Interest Periods), a Borrower (or the CompanyCompany on its behalf) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions of all the Lenders) provided that on and from the Lenders); andConversion Date, a Borrower may only select Interest Periods which have been approved by the Agent. 9.1.5 In addition, a Borrower (iior the Company on its behalf) in relation to a Term Facility, one, two, three or may select an Interest Period of less than six Months or any other period which does not coincide with the periods specified in Clause 9.1.4 for the purpose of ensuring that (subject to no minimum terma) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any last day of such Interest Period that would otherwise end during the month preceding or extend beyond coincides with a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure Reduction Date and (b) that there are sufficient Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with amount required to be repaid on such Reduction Date) which have an Interest Periods Period ending on such Reduction Date for the Borrowers to make the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment datesuch Reduction Date. (e) 9.1.6 An Interest Period for a Loan shall not extend beyond the Termination Final Maturity Date and an Interest Period that commences before the Conversion Date must not extend beyond the Conversion Date. (f) 9.1.7 Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Junior Facility Agreement (Endeavour International Corp)

Selection of Interest Periods. (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 A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 12.2 (Changes to Interest Periods), be the Interest Period selected period specified in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanapplicable Reference Rate Terms. (d) Subject to this Clause 1312.1, a Borrower (or the Company) may select an Interest Period of: (i) of any period specified in the applicable Reference Rate Terms or of any other period agreed between the Company, the Agent and all the Lenders in relation to the relevant Loan. In addition a Revolving Facility, any number of days from and including one day to and including 30 days Borrower (or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent on its behalf) may select an Interest Period of (without seeking any further consent or instructions from the Lenders); and (ii) in relation to Facility A) a Term Facilityperiod of less than one Month, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment 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 the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each A Revolving Facility Loan has one Interest Period only. (h) No Interest Period shall be longer than six Months.

Appears in 1 contract

Samples: Facility Agreement

Selection of Interest Periods. (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 Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 13.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loan1 Month. (d) Subject to this Clause 13, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 2, 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Loan). In addition, a Borrower (or instructions from the Lenders); and (iiCompany on its behalf) may select an Interest Period of less than 1 Month in relation to a Term Facility A, Facility B, Facility C or the Capex Facility, oneif necessary, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans, Facility B Loans, Facility C Loans under the relevant Term or Capex Facility with Loans (as appropriate) which have an Interest Periods Period ending on a Facility A Repayment Date, Facility B Repayment Date, Facility C Repayment Date or Capex Facility Repayment Date (as appropriate) for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Facility A Repayment Instalment, Facility B Repayment Instalment, Facility C Repayment Instalment or Capex Facility Repayment Instalment (as appropriate) due on that repayment date. (e) For the purposes of determining the interest rate for an Interest Period beginning before the Syndication Date, the Agent may shorten that Interest Period to a duration of 1 Month (or such other duration as may be agreed between the Mandated Lead Arrangers and the Company to ensure that the Interest Period ends on a date on which rights and obligations under this Agreement are to be novated to persons becoming Parties as a result of Syndication). (f) 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 the Utilisation Date or, if already made, on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Senior Facility Agreement (Inmarsat Launch CO LTD)

Selection of Interest Periods. (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 Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility Loan was made not later than the Specified Time. (c) If a Borrower (or the CompanyCompany on behalf of a Borrower) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 14.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1314, a Borrower (or the CompanyCompany on behalf of a Borrower) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and . In addition a Borrower (iior the Company on its behalf) may select an Interest Period of (in relation to a Term FacilityFacility C) less than one Month, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility C Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility C Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Facility C Repayment Instalment due on that repayment 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 the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each 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 Borrower (or the Company on its behalf) 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. Table of Contents

Appears in 1 contract

Samples: Facilities Agreement (HeidelbergCement AG)

Selection of Interest Periods. (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 A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 12.2 (Changes to Interest Periods), be the Interest Period selected period specified in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanapplicable Reference Rate Terms. (d) Subject to this Clause 1312.1, a Borrower (or the Company) may select an Interest Period of: (i) of any period specified in the applicable Reference Rate Terms or of any other period agreed between the Company, the Agent and all the Lenders in relation to the relevant Loan. In addition a Revolving Facility, any number of days from and including one day to and including 30 days Borrower (or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent on its behalf) may select an Interest Period of (without seeking any further consent or instructions from the Lenders); and (ii) in relation to Facility A) a Term Facilityperiod of less than one Month, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment 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 the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each A Revolving Facility Loan has one Interest Period only. (h) No Interest Period shall be longer than six Months.

Appears in 1 contract

Samples: Senior Facilities Agreement

Selection of Interest Periods. (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 A Loan is irrevocable and must be delivered to the Facility Agent by the Borrower (or the Company on behalf of the a Borrower) to which that Term Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 20.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1320, a Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent acting on the instructions of all the Lenders participating in the relevant Facility). In addition a Borrower (or instructions from the Lenders); and Company on its behalf) may select an Interest Period of less than one Month (ii) in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersA), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment date. (e) Prior to determining the interest rate for an Interest Period beginning before the Syndication Date, the Agent may shorten that Interest Period to a duration of one Month (or such shorter duration as may be desirable) to ensure that the Interest Period ends on a date on which rights and obligations under this Agreement are to be novated or assigned to persons becoming Parties as a result of Syndication. (f) An Interest Period for a Loan shall not extend beyond the Termination DateDate applicable to its Facility. (fg) Each Interest Period for a Term Facility A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (gh) Each Revolving A Facility B Loan has one Interest Period only.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Rockwood Holdings, Inc.)

Selection of Interest Periods. (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 Facility Loan and has already been borrowed) in a Selection Notice. (b) Each Selection Notice for a Term Facility A 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 Facility A Loan was made not later than the Specified Time. (c) If a Borrower (or the CompanyObligors’ Agent) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to clause 19.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 13clause 19, a Borrower (or the CompanyObligors’ Agent) may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 2, 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company Obligors’ Agent and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and . In addition a Borrower (iior the Obligors’ Agent on its behalf) may select an Interest Period of less than one Month (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the LendersA), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate Base Currency Amount equal to or greater than the relevant Term Facility with Repayment Instalment) which have an Interest Periods Period ending on a Facility A Repayment Date for the relevant repayment date in a sufficient aggregate amount Borrowers to make the repayment Repayment Instalment due on that repayment date. (e) An Interest Period for a Loan shall not extend beyond the Termination Date. (f) Each Interest Period for a Term Facility A Loan shall start on the Utilisation Date or, or (if already made, ) on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one Interest Period only.

Appears in 1 contract

Samples: Facilities Agreement (Sequa Corp /De/)

Selection of Interest Periods. (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 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 Facility 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 a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 10.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 1310, a the Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company Borrower and the Facility Agent (without seeking acting on the instructions of all the Lenders participating in the relevant Loan). In addition, the Borrower may: (i) select an Interest Period of less than two Months: (A) for the first Facility A Loan, the first Facility B Loan and/or the first Facility C Loan; and/or (B) for any further consent or instructions from Facility A Loan, Facility B Loan and/or Facility C Loan in connection with any refinancing thereof provided that that Loan shall be wholly repaid and any related Commitment wholly cancelled on the Lenders); andlast day of that Interest Period; (ii) (in relation to a Term Facility, one, two, three or six Months or any other period (subject to no minimum termFacility A) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are sufficient Facility A Loans under (with an aggregate amount equal to or greater than the relevant Term Facility with A Repayment Instalment) which have an Interest Period ending on a Facility A Repayment Date for the Borrower to make the Facility A Repayment Instalment due on that date; or (iii) (in relation to Facility B) select an Interest Period of less than one Month, if necessary to ensure that the Interest Periods ending of two or more Facility B Loans will end on the same date; or (iv) (in relation to Facility C) select an Interest Period of less than one Month, if necessary to ensure that there are sufficient Facility C Loans (with an aggregate amount equal to or greater than the relevant repayment instalment in respect of Facility C) which have an Interest Period ending on a scheduled repayment date in a sufficient aggregate amount applicable to Facility C for the Borrower to make the that repayment instalment due on that repayment date. (e) An Interest Period for a Facility A Loan shall not extend beyond the Facility A Termination Date. An Interest Period for a Facility B Loan shall not extend beyond the Facility B Termination Date. An Interest Period for a Facility C Loan shall not extend beyond its scheduled final maturity date and/or the Facility C Longstop Termination Date. (f) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, or (if a Term Loan has already been made, ) on the last day of its the preceding Interest PeriodPeriod of such Loan. (g) Each Revolving A Facility B Loan has one Interest Period only.

Appears in 1 contract

Samples: Second Amendment and Restatement Agreement (Las Vegas Sands Corp)

Selection of Interest Periods. (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 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 Facility 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 a the Borrower (or the Company) fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 8, be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 139, a the Borrower (or the Company) may select an Interest Period of: (i) in relation to a Revolving Facility, any number of days from and including one day to and including 30 days or one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company Borrower and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and (ii) . In addition, the Borrower may select an Interest Period of, in relation to Facility A or, as the case may be, Facility B a Term Facilityperiod of less than one Month, one, two, three or six Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date if necessary to ensure that there are Loans under such Interest Period will end on a Facility A Repayment Date as determined in accordance with Clause 6.1 or, as the relevant Term case may be, a Facility B Repayment Date as determined in accordance with Interest Periods ending on the relevant repayment date in a sufficient aggregate amount to make the repayment due on that repayment dateClause 6.2. (e) An Subject to Clause (g), an Interest Period for a Loan shall not extend beyond the Termination Maturity Date or beyond the next Cash Sweep Date. (f) Each The first Interest Period for a Term Facility Loan shall start on the Utilisation Date or, if already made, date such Loan is made and for all succeeding Interest Periods shall start on the last day of its preceding Interest Period. (g) Each Revolving Facility Loan has one The Borrower may only select an Interest Period onlyfor a Loan which extends beyond a Cash Sweep Date if, on or prior to each Cash Sweep Date period falling during such Interest Period, the Borrower has deposited (and the Borrower hereby undertakes to deposit) with the Security Trustee in a blocked account (denominated in Dollars) other than a Project Account and which is subject to a lien in favour of the Lenders, an amount not less than the aggregate interest accrued on such Loan during such Interest Period up to and including such Cash Sweep Date. The Borrower agrees that funds may only be withdrawn from such account to make payments of interest on such Loan.

Appears in 1 contract

Samples: Wassa Project Facility Agreement (Golden Star Resources LTD)

Selection of Interest Periods. (a) A Borrower (or the 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 which 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 Facility Agent by the Borrower (or the Company on behalf of the Borrower) to which that Term Facility Loan was made not later than 11.00 a.m. two (2) Business Days prior to the Specified TimeQuotation Date for that Interest Period. (c) If a Borrower (or the Company) Company fails to deliver a Selection Notice to the Facility Agent in accordance with paragraph (b) above, the relevant Interest Period will will, subject to Clause 9.2 (Changes to Interest Periods), be the Interest Period selected in the most recently delivered Utilisation Request or Selection Notice (as applicable) for the relevant Term Facility Loanone Month. (d) Subject to this Clause 139, a Borrower (or the Company) Company may select an Interest Period of: (i) in relation to a Revolving Facilityof 1, any number of days from and including one day to and including 30 days 2, 3 or one, two, three or six 6 Months or any other period (subject to no minimum term) as agreed between the Company and the Facility Agent (without seeking any further consent or acting on the instructions from of all the Lenders); and (ii) Lenders in relation to a Term Facility, one, two, three or six Months or any other period the relevant Loan). (subject e) In addition in relation to no minimum term) as agreed between Facility C the Company and the Facility Agent (without seeking any further consent or instructions from the Lenders), provided that any may select an Interest Period that would otherwise end during the month preceding or extend beyond a repayment date relating to the Term Facility shall be of such duration that it shall end on that repayment date less than one Month, if necessary to ensure that there are sufficient Facility C Loans under (with an aggregate amount equal to or greater than the relevant Term applicable Facility with C Repayment Instalment) which have an Interest Periods Period ending on a Facility C Repayment Date for the relevant repayment date in a sufficient aggregate amount Company to make the repayment Facility C Repayment Instalment due on that repayment date. (ef) An Interest Period for a Loan shall not extend beyond the Termination DateFinal Repayment Date applicable to its Facility. (fg) Each Interest Period for a Term Facility Loan shall start on the Utilisation Date or, or (if a Term Facility Loan has already been made, ) on the last day of its the preceding Interest PeriodPeriod of such Loan. (gh) Each A Revolving Facility Loan has one Interest Period onlyonly which shall start on the Utilisation Date of that Revolving Facility Loan.

Appears in 1 contract

Samples: Facilities Agreement (Alibaba Group Holding LTD)

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