Special Provisions Governing Eurocurrency Rate Loans. With respect to Eurocurrency Rate Loans requested or continuing or as a result of the conversion of Base Rate Loans thereto: (a) Amount of Eurocurrency Rate Loans. Each Eurocurrency Rate Loan shall be for a minimum amount of $1,000,000 (or the equivalent thereof in the applicable Alternative Currency) and in integral multiples of $250,000 (or the equivalent thereof in the applicable Alternative Currency) in excess of that amount. (b) Determination of Eurocurrency Rate Interest Period. By giving notice as set forth in Section 2.01(c) (with respect to a Borrowing of Eurocurrency Rate Loans) or Section 5.01(c) (with respect to a conversion into or continuation of Eurocurrency Rate Loans), the U.S. Borrower shall have the option, subject to the other provisions of this Section 5.02, to select a Eurocurrency Rate Interest Period to apply to the Revolving Loans to be made to either Borrower described in such notice, subject to the following provisions: (i) The U.S. Borrower may only select, as to a particular Borrowing of Eurocurrency Rate Loans (A) which are Revolving Loans, a Eurocurrency Rate Interest Period of one, two, three or six months in duration and (B) which are Swing Loans, a Eurocurrency Rate Interest Period of one week in duration; (ii) In the case of immediately successive Eurocurrency Rate Interest Periods applicable to a Borrowing of Eurocurrency Rate Loans, each successive Eurocurrency Rate Interest Period shall commence on the day on which the next preceding Eurocurrency Rate Interest Period expires; (iii) If any Eurocurrency Rate Interest Period would otherwise expire on a day which is not a Business Day, such Eurocurrency Rate Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there will be no succeeding Business Day in such calendar month, such Eurocurrency Rate Interest Period shall expire on the immediately preceding Business Day;
Appears in 2 contracts
Samples: Credit Agreement (Freedom Chemical Co), Credit Agreement (Freedom Chemical Co)
Special Provisions Governing Eurocurrency Rate Loans. With respect to (a) Determination of Interest Rate. The Eurocurrency Rate for each Interest Period for any Eurocurrency Rate Loans requested or continuing or as a result of the conversion of Base Rate Loans thereto:
(a) Amount of Eurocurrency Rate Loans. Each Eurocurrency Rate Loan shall be for a minimum amount of $1,000,000 (or determined by the equivalent thereof Administrative Agent in good faith pursuant to the procedures set forth in the applicable Alternative Currency) definition of "Eurocurrency Rate" and in integral multiples the definitions contained therein. The Administrative Agent shall notify the Borrowers of $250,000 (or such determination and the equivalent thereof in the applicable Alternative Currency) in excess of that amountAdministrative Agent's good faith determination shall be conclusive and binding for all purposes.
(b) Determination Interest Rate Unascertainable, Inadequate or Unfair. In the event that (i) the Administrative Agent determines in good faith that by reason of circumstances affecting the relevant market generally adequate and fair means do not exist for ascertaining the applicable interest rate by reference to which the Eurocurrency Rate then being determined is to be fixed or (ii) the Requisite Class Lenders under the affected Facility notify the Administrative Agent that the Eurocurrency Rate for any Interest Period will not adequately reflect the cost to such Lenders as certified by such Lenders and expressed as a rate per annum of making or maintaining such Loans in the applicable currency for such Interest Period. By giving , the Administrative Agent shall forthwith send a copy of such notice as set forth in Section 2.01(cand certificate to the Company and the Lenders, whereupon (x) (with respect to a Borrowing of each affected Eurocurrency Rate Loans) or Section 5.01(c) (with respect Loan denominated in Dollars shall automatically, on the last day of the current Interest Period for such Loan, convert into a Base Rate Loan and the obligations of the Dollar Revolving Lenders and the U.S. Term Loan Lenders to a conversion into or continuation of make Eurocurrency Rate Loans)Loans or to convert Base Rate Loans into Eurocurrency Rate Loans shall be suspended until the Administrative Agent shall notify the Borrowers that the Requisite Class Lenders under the affected Facility have determined that the circumstances causing such suspension no longer exist and (y) each Eurocurrency Rate Loan that is denominated in Euros or Sterling, the U.S. Borrower shall have the option, subject to the other provisions of this Section 5.02, to select a affected Eurocurrency Rate Loans shall be made or continued, as the case may be, but with an Interest Period to apply to of one month and the Revolving Loans to amount of interest payable in respect of any such Eurocurrency Loan shall be made to either Borrower described determined in such notice, subject to accordance with the following provisions:
(i) The U.S. if the Administrative Agent so requires, within five days of such notification the Administrative Agent and the U.K. Borrower may only selector the Dutch Borrower, as applicable, shall enter into negotiations with a view to agreeing on a particular Borrowing substitute basis for determining the rate of interest (a "Substitute Interest Rate") which may be applicable to affected Eurocurrency Rate Loans (A) which are Revolving Loans, a Eurocurrency in the future and any such Substitute Interest Rate that is agreed shall take effect in accordance with its terms and be binding on each party hereto; provided that the Administrative Agent may not agree on any such Substitute Interest Period Rate without the prior consent of one, two, three or six months in duration and (B) which are Swing Loans, a Eurocurrency Rate Interest Period of one week in durationthe Required Class Lenders under each affected Facility;
(ii) In the case of immediately successive if no Substitute Interest Rate is agreed pursuant to clause (i) above, any affected Eurocurrency Rate Loan shall bear interest during the subsequent Interest Periods Period at the rate per annum otherwise applicable to a Borrowing Eurocurrency Rate Loans under such Facility, except that in the place of the Eurocurrency Rate, in respect of Eurocurrency Rate LoansLoans denominated in Euros or Sterling, each successive Eurocurrency Rate Interest Period the Administrative Agent shall commence on use the day on which cost to the next preceding Eurocurrency Rate Interest Period expires;applicable Lender (as conclusively certified by such Lender in a certificate to the Administrative Agent and the Company and expressed as a rate per annum) and containing a general description of the source selected of funding such Loan from whatever source it shall reasonably select; and
(iii) If any if the Administrative Agent has required the U.K. Borrower or the Dutch Borrower to enter into negotiations pursuant to clause (i) above, the Administrative Agent may (acting on the instructions of the Requisite Class Lenders under the affected Facility) declare that no further Eurocurrency Rate Interest Period would otherwise expire on a day which is not a Business DayLoans in Euros or Sterling, such Eurocurrency Rate Interest Period as applicable, shall be extended to expire on converted, continued or made unless a Substitute Interest Rate has been agreed by the next succeeding Business Day if applicable Borrower and the next succeeding Business Day occurs in Administrative Agent within 30 days of the same calendar month, and if there will be no succeeding Business Day in such calendar month, such Eurocurrency Rate Interest Period shall expire on the immediately preceding Business Day;Administrative Agent having so required negotiations.
Appears in 1 contract
Samples: Credit Agreement (Acco Brands Corp)
Special Provisions Governing Eurocurrency Rate Loans. With respect to Eurocurrency Rate Loans requested or continuing or as a result of the conversion of Base Rate Loans theretoLoans:
(a) Amount of Eurocurrency Rate Loans. Each Eurocurrency Rate Loan shall be for a minimum amount of $1,000,000 (or the equivalent thereof in the applicable Alternative Currency) and in integral multiples of $250,000 (or the equivalent thereof in the applicable Alternative Currency) in excess of that amount.
(b) Determination of Eurocurrency Rate Interest Period. By giving notice as set forth in Section 2.01(c2.01(b) (with respect to a Borrowing of a Eurocurrency Rate LoansLoan) or Section 5.01(c4.01(c) (with respect to a conversion into or continuation of a Eurocurrency Rate LoansLoan), the U.S. each Borrower shall have the option, subject to the other provisions of this Section 5.024.02, to select a Eurocurrency Rate an interest period (each, an "Interest Period Period") to apply to the Revolving Loans to be made to either Borrower described in such notice, subject to the following provisions:
(i) The U.S. Each Borrower may only select, as to a particular Borrowing of Eurocurrency Rate Loans (A) which are Revolving Loans, a Eurocurrency Rate an Interest Period of either one, two, three or six months in duration and (B) which are Swing Loansor, a Eurocurrency Rate Interest Period with the consent of one week the Lenders, seven days, or nine or twelve months in duration;
(ii) In the case of immediately successive Eurocurrency Rate Interest Periods applicable to a Borrowing of Eurocurrency Rate Loans, each successive Eurocurrency Rate Interest Period shall commence on the day on which the next preceding Eurocurrency Rate Interest Period expires;
(iii) If any Eurocurrency Rate Interest Period would otherwise expire on a day which that is not a Business Day, such Eurocurrency Rate Interest Period shall be extended to expire on the next succeeding Business Day if the next succeeding Business Day occurs in the same calendar month, and if there will shall be no succeeding Business Day in such calendar month, such Eurocurrency Rate Interest Period shall expire on the immediately preceding Business Day;
(iv) No Borrower may select an Interest Period as to any Loan if such Interest Period terminates later than the Revolving Credit Termination Date; and
(v) There shall be no more than ten (10) Borrowings of Eurocurrency Loans by the Company and ten (10) Borrowings by the Foreign Borrowers (in the aggregate) in effect at any one time.
Appears in 1 contract
Samples: Credit Agreement (Hexcel Corp /De/)