Common use of Subsequent Elections as to Borrowings Clause in Contracts

Subsequent Elections as to Borrowings. The Company may elect (a) to continue a LIBOR Borrowing, or a portion thereof, as a LIBOR Borrowing, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Rate Borrowing, or a portion thereof, to a LIBOR Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I hereto not later than 11:00 a.m. Chicago time three LIBOR Business Days prior to the date any such continuation of or conversion to a LIBOR Borrowing is to be effective and not later than noon Chicago time on the Business Day such conversion is to be effective in all other cases, provided that an outstanding LIBOR Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day such notice is given, shall provide notice of such election to the Revolving Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Borrowing, the Company shall be deemed to have elected to convert such LIBOR Borrowing to an Adjusted Corporate Base Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (Apcoa Standard Parking Inc /De/), Credit Agreement (Ap Holdings Inc)

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Subsequent Elections as to Borrowings. The Company A Borrower may elect (a) to continue a LIBOR Eurocurrency Rate Borrowing, or a portion thereof, as a LIBOR Eurocurrency Rate Borrowing, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurocurrency Rate Borrowing, or a portion thereof, to a LIBOR Floating Rate Borrowing or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Eurocurrency Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I G hereto at the principal office of the Agent and at the Applicable Administrative Office with respect to such Loan not later than 11:00 a.m. Chicago local time of the Applicable Administrative Office (i) three LIBOR Eurocurrency Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Borrowing is to be effective and not later than noon Chicago time on effective, (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurocurrency Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurocurrency Rate Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall promptly provide notice of such election to the Revolving LendersBanks. If the Company a Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Eurocurrency Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Eurocurrency Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 3 contracts

Samples: Day Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc), Jabil Circuit Inc

Subsequent Elections as to Borrowings. The Company A Borrower may elect (a) to continue a LIBOR Eurocurrency Rate Borrowing, or a portion thereof, as a LIBOR Eurocurrency Rate Borrowing, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurocurrency Rate Borrowing, or a portion thereof, to a LIBOR Floating Rate Borrowing or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Eurocurrency Rate Borrowing, or (d) elect to convert a Loan denominated in a Permitted Currency to a Loan denominated in another Permitted Currency, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I G hereto at the principal office of the Agent and at the Applicable Administrative Office with respect to such Loan not later than 11:00 a.m. Chicago local time of the Applicable Administrative Office (i) three LIBOR Eurocurrency Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Borrowing is to be effective and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurocurrency Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurocurrency Rate Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall promptly provide notice of such election to the Revolving LendersBanks. If the Company a Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Eurocurrency Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Eurocurrency Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 2 contracts

Samples: Loan Agreement (Jabil Circuit Inc), Loan Agreement (Jabil Circuit Inc)

Subsequent Elections as to Borrowings. The Company Treasury Manager may elect (a) to continue a LIBOR BorrowingFixed Rate Revolving Credit Borrowing of one type, or a portion thereof, as a LIBOR BorrowingFixed Rate Revolving Credit Borrowing of the then existing type, or (b) may elect to convert a LIBOR Borrowing of one typeFixed Rate Revolving Credit Borrowing, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, a Borrowing of another type or (c) elect to convert an Adjusted Corporate Base a Floating Rate Borrowing, or a portion thereof, to a LIBOR Fixed Rate Revolving Credit Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I K hereto at the principal office of the Agent and at the Applicable Lending Office of the Agent with respect to such Loan not later than 11:00 10:00 a.m. Chicago local time of the Applicable Lending Office (i) three LIBOR (3) Interbank Business Days prior to the date any such continuation of or conversion to a LIBOR Interbank Offered Rate Revolving Credit Borrowing is to be effective and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Fixed Rate Revolving Credit Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Fixed Rate Revolving Credit Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company Treasury Manager shall not timely deliver such a notice with respect to any outstanding LIBOR Fixed Rate Revolving Credit Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Fixed Rate Revolving Credit Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 2 contracts

Samples: Assumption Agreement (Invacare Corp), Loan Agreement (Invacare Corp)

Subsequent Elections as to Borrowings. The Company applicable Borrower may elect (a) to continue a LIBOR Borrowing, or a portion thereof, as a LIBOR Borrowing, Borrowing or (b) may elect to convert a LIBOR Borrowing of one typeor a portion thereof to a Floating Rate Borrowing, (c) to convert a Floating Rate Borrowing to a LIBOR Borrowing, (d) to continue an Acceptance or a portion thereof, to as an Adjusted Corporate Base Rate Borrowing, Acceptance or (ce) elect to convert an Adjusted Corporate Base Rate Borrowing, Acceptance or a portion thereof, thereof to a LIBOR Floating Rate Borrowing, in each case by giving notice thereof to the Agent (with sufficient executed copies for each Lender) in substantially the form of Exhibit I L hereto not later than 11:00 a.m. Chicago 1:00 p.m. Detroit time three LIBOR Business Days prior to the date any such continuation of or conversion to a LIBOR Borrowing is to be effective, not later than 1:00 p.m. Toronto time three Business Days prior to the date any such continuation of or conversion to an Acceptance is to be effective and not later than noon Chicago 1:00 p.m. Detroit time on the one Business Day prior to the date of any such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Borrowing or Acceptance Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Borrowing or Acceptance Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on not later than the Business Day next succeeding the day such notice is given, shall provide notice of such election to the Revolving Lenders. If the Company applicable Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Borrowing or Acceptance Borrowing, the Company such Borrower shall be deemed to have elected to convert such LIBOR Borrowing or Acceptance Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Prudenville Manufacturing Inc), Credit Agreement (Oxford Automotive Inc)

Subsequent Elections as to Borrowings. The Company Treasury Manager may elect (a) to continue a LIBOR BorrowingFixed Rate Revolving Credit Borrowing of one type, or a portion thereof, as a LIBOR BorrowingFixed Rate Revolving Credit Borrowing of the then existing type, or (b) may elect to convert a LIBOR Borrowing of one typeFixed Rate Revolving Credit Borrowing, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, a Borrowing of another type or (c) elect to convert an Adjusted Corporate Base a Floating Rate Borrowing, or a portion thereof, to a LIBOR Fixed Rate Revolving Credit Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I K hereto at the principal office of the Agent and at the Applicable Lending Installation of the Agent with respect to such Loan not later than 11:00 10:00 a.m. Chicago local time of the Applicable Lending Installation (i) three LIBOR (3) Eurocurrency Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Revolving Credit Borrowing is to be effective and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Fixed Rate Revolving Credit Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Fixed Rate Revolving Credit Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company Treasury Manager shall not timely deliver such a notice with respect to any outstanding LIBOR Fixed Rate Revolving Credit Borrowing, the Company Borrower shall be deemed to have elected with respect to any Loan denominated in Dollars, to convert such LIBOR Fixed Rate Revolving Credit Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing and, with respect to any other Loan, to continue such Loan as a Fixed Rate Borrowing of the same type with an Interest Period of one month on the last day of the then current Interest Period with respect to such Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Invacare Corp), Credit Agreement (Invacare Corp)

Subsequent Elections as to Borrowings. The Company As to Revolving Credit Loans, a Borrower may elect (a) to continue a LIBOR Fixed Rate Borrowing, or a portion thereof, as a LIBOR Borrowing, Fixed Rate Borrowing or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurodollar Rate Borrowing, or a portion thereof, to a LIBOR Floating Rate Borrowing or (c) to convert a Floating Rate Borrowing, or a portion thereof, to a Eurodollar Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I K hereto not later than 11:00 10:00 a.m. Chicago Detroit time three LIBOR Business Days prior to the date any such continuation of or conversion to a Eurodollar Borrowing is to be effective, 10:00 a.m. local time five LIBOR Business Days prior to the date any such continuation of or conversion to a Eurocurrency Borrowing is to be effective and not later than noon Chicago 10:00 a.m. Detroit time on the one Business Day prior to the date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurodollar Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurodollar Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversionconversion and no Event of Default or Unmatured Event shall have occurred and be continuing. The Agent, reasonably Agent shall promptly on the Business Day such notice is given, shall provide notice of such election to the Revolving Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Eurodollar Borrowing, the Company shall be deemed to have elected to convert such LIBOR Eurodollar Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing. If a Borrowing Subsidiary shall not timely deliver such notice with respect to any outstanding Eurocurrency Borrowing, such Borrower shall be deemed to have elected to convert such Eurocurrency Borrowing to a Eurocurrency Borrowing with an Interest Period of one month on the last day of the then current Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (MSX International Inc)

Subsequent Elections as to Borrowings. The As to Revolving Credit Loans, the Company or Numatics GmbH may elect (a) to continue a LIBOR BorrowingBorrowing of one type, or a portion thereof, as a LIBOR Borrowing, Borrowing of the then existing type or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, a Borrowing of another type or (c) elect to convert an Adjusted Corporate Base Prime Rate Borrowing, or a portion thereof, to a LIBOR Borrowing, in each case by giving notice thereof to the Administrative Agent in substantially the form of Exhibit I H hereto not later than 11:00 10:00 a.m. Chicago Detroit time three LIBOR Business Days prior to the date any such continuation of or conversion to a LIBOR Borrowing is to be effective and not later than noon Chicago 10:00 a.m. Detroit time on the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Except with respect to Foreign Currency Loans, the Administrative Agent, reasonably promptly not later than 1:00 p.m. on the Business Day such notice is given, shall provide notice of such election to the Revolving Credit Lenders. If the Company any Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Borrowing, the Company such Borrower shall be deemed to have elected to convert such LIBOR Borrowing to an Adjusted Corporate Base Prime Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Guaranty Agreement (Iae Inc)

Subsequent Elections as to Borrowings. The Company Treasury Manager may elect (a) to continue a LIBOR Borrowing, Fixed Rate Revolving Credit Borrowing or a portion thereof, as a LIBOR Borrowing, Fixed Rate Revolving Credit Borrowing or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Floating Rate Borrowing, or a portion thereof, to a LIBOR Fixed Rate Revolving Credit Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I K hereto at the principal office of the Agent and at the Applicable Lending Office of the Agent with respect to such Loan not later than 11:00 10:00 a.m. Chicago local time of the Applicable Lending Office (i) three LIBOR (3) Eurocurrency Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Revolving Credit Borrowing is to be effective and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Fixed Rate Revolving Credit Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Fixed Rate Revolving Credit Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company Treasury Manager shall not timely deliver such a notice with respect to any outstanding LIBOR Fixed Rate Revolving Credit Borrowing, the Company Borrower shall be deemed to have elected with respect to any Loan denominated in Dollars, to convert such LIBOR Fixed Rate Revolving Credit Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing and, with respect to any other Loan, to continue such Loan as a Fixed Rate Borrowing of the same type with an Interest Period of one month on the last day of the then current Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Invacare Corp)

Subsequent Elections as to Borrowings. The As to Revolving Credit Loans, the Company may elect (a) to continue a LIBOR BorrowingBorrowing of one type, or a portion thereof, as a LIBOR Borrowing, Borrowing of the then existing type or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, a Borrowing of another type or (c) elect to convert an Adjusted Corporate Base Prime Rate Borrowing, or a portion thereof, to a LIBOR Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I J hereto not later than 11:00 10:00 a.m. Chicago Detroit time three LIBOR Business Days prior to the date any such continuation of or conversion to a LIBOR Borrowing is to be effective and not later than noon Chicago 10:00 a.m. Detroit time on the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on not later than 1:00 p.m. the Business Day such notice is given, shall provide notice of such election to the Revolving Credit Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Borrowing, the Company shall be deemed to have elected to convert such LIBOR Borrowing to an Adjusted Corporate Base Prime Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Key Plastics Inc)

Subsequent Elections as to Borrowings. The Company may elect (a) to continue a LIBOR Eurocurrency Rate Borrowing, or a portion thereof, as a LIBOR Borrowing, Eurocurrency Rate Borrowing or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurocurrency Rate Borrowing, or a portion thereof, to a LIBOR Floating Rate Borrowing or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Eurocurrency Rate Borrowing, or (d) elect to convert a Borrowing denominated in a Permitted Currency to a Borrowing denominated in another Permitted Currency, in each case by giving notice thereof to the Administrative Agent in substantially the form of Exhibit I hereto not later than 11:00 a.m. Chicago New York City time three LIBOR Eurocurrency Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Borrowing is to be effective and not later than noon Chicago 11:00 a.m. New York City time on the one Business Day prior to the date such conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurocurrency Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Eurocurrency Interest Period with respect to such Borrowing, and provided, further, if that a Revolving Credit Loan may not be converted to a Swing Line Loan or a Competitive Loan. If a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurocurrency Rate Borrowing is requested, such notice shall also specify the LIBOR Eurocurrency Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably Administrative Agent shall promptly on the Business Day such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Eurocurrency Rate Borrowing, the Company shall be deemed to have elected to convert such LIBOR Eurocurrency Credit Agreement 32 - 27 - Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Eurocurrency Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Cambrex Corp)

Subsequent Elections as to Borrowings. The Company Any Borrower may elect (a) to continue a LIBOR BorrowingEurocurrency Rate Borrowing of one type, or a portion thereof, as a LIBOR BorrowingEurocurrency Rate Borrowing of the then existing type, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurocurrency Rate Borrowing, or a portion thereof, to a LIBOR Borrowing of another type or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Eurocurrency Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I F hereto not later than 11:00 10:00 a.m. Chicago Detroit time (i) three LIBOR Eurocurrency Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Borrowing denominated in Dollars is to be effective, (ii) five Eurocurrency Business Days prior to the date any such continuation of or conversion to a Eurocurrency Rate Borrowing denominated in any Optional Currency is to be effective and not later than noon Chicago time on (iii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurocurrency Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurocurrency Rate Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversionconversion and provided, further, that Loans may not be converted from one Permitted Currency to a different Permitted Currency. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company any Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Eurocurrency Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Eurocurrency Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing, provided that such Loans owing in any Optional Currency shall not be automatically converted but shall be due and payable at the end of the relevant Interest Period.

Appears in 1 contract

Samples: Credit Agreement (Handleman Co /Mi/)

Subsequent Elections as to Borrowings. The Company Borrower may elect (a) to continue a LIBOR Eurodollar Rate Borrowing, or a portion thereof, as a LIBOR Eurodollar Rate Borrowing, or (b) may elect to convert a LIBOR Borrowing of one typeEurodollar Rate Borrowing, or a portion thereof, to an Adjusted Corporate Base a Floating Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base a Floating Rate Borrowing, or a portion thereof, to a LIBOR Eurodollar Rate Borrowing, in each case by giving notice thereof to the Administrative Agent (with sufficient executed copies for each Lender) in substantially the form of Exhibit I hereto not later than 11:00 10:00 a.m. Chicago time (i) three LIBOR Eurodollar Business Days prior to the date any such continuation of or conversion to a LIBOR Eurodollar Rate Borrowing is to be effective and not later than noon Chicago time on effective, (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided PROVIDED that an outstanding LIBOR Eurodollar Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Eurodollar Interest Period with respect to such Borrowing, and providedPROVIDED, furtherFURTHER, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurodollar Rate Borrowing is requested, such notice shall also specify the LIBOR Eurodollar Interest Period to be applicable thereto upon such continuation or conversion. The Administrative Agent, reasonably promptly on the day such notice is given in the event of an election to convert or continue a Floating Rate Borrowing, and not later than the Business Day next succeeding the day such notice is givengiven in all other cases, shall provide notice of such election to the Revolving Lenders. If the Company Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Eurodollar Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Eurodollar Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Eurodollar Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Guaranty Agreement (National Auto Credit Inc /De)

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Subsequent Elections as to Borrowings. The Company Treasury Manager may elect (a) to continue a LIBOR BorrowingFixed Rate Borrowing of one type, or a portion thereof, as a LIBOR BorrowingFixed Rate Borrowing of the then existing type, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Fixed Rate Borrowing, or a portion thereof, to a LIBOR Borrowing of another type or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Fixed Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I G hereto at the principal office of the Agent not later than 11:00 10:00 a.m. Chicago Detroit time (i) three LIBOR Interbank Business Days prior to the date any such continuation of or conversion to a LIBOR an Interbank Offered Rate Borrowing is to be effective and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Fixed Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Fixed Rate Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company Treasury Manager shall not timely deliver such a notice with respect to any outstanding LIBOR Fixed Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Fixed Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Loan Agreement (Invacare Corp)

Subsequent Elections as to Borrowings. The Company may elect (a) to continue a LIBOR BorrowingEurodollar Rate Syndicated Borrowing of one type, or a portion thereof, as a LIBOR BorrowingEurodollar Rate Syndicated Borrowing of the then existing type, or (b) may elect to convert a LIBOR Borrowing of one typeEurodollar Rate Syndicated Borrowing, or a portion thereof, to an Adjusted Corporate Base a Eurodollar Rate Borrowing, Syndicated Borrowing of another type or (c) elect to convert an Adjusted Corporate Base a Floating Rate Borrowing, or a portion thereof, to a LIBOR Eurodollar Rate Syndicated Borrowing, in each case by giving notice thereof to the Agent (with sufficient executed copies for each Lender) in substantially the form of Exhibit I J hereto not later than 11:00 10:00 a.m. Chicago Detroit time (i) three LIBOR Eurodollar Business Days prior to the date any such continuation of or conversion to a LIBOR Eurodollar Rate Syndicated Borrowing is to be effective effective, and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurodollar Rate Syndicated Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such BorrowingBorrowing unless the Company has paid break funding costs as set forth in Section 3.9, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurodollar Rate Syndicated Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Eurodollar Rate Syndicated Borrowing, the Company shall be deemed to have elected to convert such LIBOR Eurodollar Rate Syndicated Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Universal Forest Products Inc)

Subsequent Elections as to Borrowings. The Company As to Revolving Credit Loans, a Borrower may elect (a) to continue a LIBOR Fixed Rate Borrowing, or a portion thereof, as a LIBOR Borrowing, Fixed Rate Borrowing or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurodollar Rate Borrowing, or a portion thereof, to a LIBOR Floating Rate Borrowing and (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Eurodollar Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I K hereto not later than 11:00 10:00 a.m. Chicago Detroit time three LIBOR Business Days prior to the date any such continuation of or conversion to a Eurodollar Borrowing is to be effective, 10:00 a.m. local time five LIBOR Business Days prior to the date any such continuation of or conversion to a Eurocurrency Borrowing is to be effective and not later than noon Chicago 10:00 a.m. Detroit time on the one Business Day prior to the date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurodollar Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurodollar Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversionconversion and no Event of Default or Unmatured Event shall have occurred and be continuing. The Agent, reasonably Agent shall promptly on the Business Day such notice is given, shall provide notice of such election to the Revolving Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Eurodollar Borrowing, the Company shall be deemed to have elected to convert such LIBOR Eurodollar Borrowing to an Adjusted Corporate Base Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing. If a Borrowing Subsidiary shall not timely deliver such notice with respect to any outstanding Eurocurrency Borrowing, such Borrower shall be deemed to have elected to convert such Eurocurrency Borrowing to a Eurocurrency Borrowing with an Interest Period of one month on the last day of the then current Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (MSX International Business Services Inc)

Subsequent Elections as to Borrowings. The Company Borrower may elect (a) to continue a LIBOR Eurodollar Rate Borrowing, or a portion thereof, as a LIBOR Eurodollar Rate Borrowing, or (b) may elect to convert a LIBOR Borrowing of one typeEurodollar Rate Borrowing, or a portion thereof, to an Adjusted Corporate Base a Floating Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base a Floating Rate Borrowing, or a portion thereof, to a LIBOR Eurodollar Rate Borrowing, in each case by giving notice thereof to the Administrative Agent (with sufficient executed copies for each Lender) in substantially the form of Exhibit I E hereto not later than 11:00 10:00 a.m. Chicago time (i) three LIBOR Eurodollar Business Days prior to the date any such continuation of or conversion to a LIBOR Eurodollar Rate Borrowing is to be effective and not later than noon Chicago time on effective, (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided PROVIDED that an outstanding LIBOR Eurodollar Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Eurodollar Interest Period with respect to such Borrowing, and providedPROVIDED, furtherFURTHER, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurodollar Rate Borrowing is requested, such notice shall also specify the LIBOR Eurodollar Interest Period to be applicable thereto upon such continuation or conversion. The Administrative Agent, reasonably promptly on the day such notice is given in the event of an election to convert or continue a Floating Rate Borrowing, and not later than the Business Day next succeeding the day such notice is givengiven in all other cases, shall provide notice of such election to the Revolving Lenders. If the Company Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Eurodollar Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Eurodollar Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Eurodollar Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Guaranty Agreement (National Auto Credit Inc /De)

Subsequent Elections as to Borrowings. The Company may elect (a) to continue a LIBOR BorrowingBorrowing of one type, or a portion thereof, as a LIBOR Borrowing, Borrowing of the then existing type or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, a Borrowing of another type or (c) elect to convert an Adjusted Corporate Base Rate Borrowing, or a portion thereof, to a LIBOR Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I H hereto not later than 11:00 a.m. Chicago time three LIBOR Business Days prior to the date any such continuation of or conversion to a LIBOR Borrowing is to be effective and not later than noon Chicago time on the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day such notice is given, shall provide notice of such election to the Revolving relevant Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding LIBOR Borrowing, the Company shall be deemed to have elected to convert such LIBOR Borrowing to an Adjusted Corporate Base Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Standard Parking Ii LLC)

Subsequent Elections as to Borrowings. The Company A Borrower may elect (a) to continue a LIBOR Eurocurrency Rate Borrowing, or a portion thereof, as a LIBOR Eurocurrency Rate Borrowing, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Eurocurrency Rate Borrowing, or a portion thereof, to a LIBOR Floating Rate Borrowing or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Eurocurrency Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I F hereto at the principal office of the Agent with respect to such Loan not later than 11:00 10:00 a.m. (Chicago time time) (i) three LIBOR Business Days prior to the date any such continuation of or conversion to a LIBOR Eurocurrency Rate Borrowing is to be effective and not later than noon Chicago time on effective, (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided that an outstanding LIBOR Eurocurrency Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and provided, further, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Eurocurrency Rate Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall promptly provide notice of such election to the Revolving LendersBanks. If the Company a Borrower shall not timely deliver such a notice with respect to any outstanding LIBOR Eurocurrency Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Eurocurrency Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Jabil Circuit Inc

Subsequent Elections as to Borrowings. The Company Treasury Manager may elect (a) to continue a LIBOR BorrowingFixed Rate Borrowing of one type, or a portion thereof, as a LIBOR BorrowingFixed Rate Borrowing of the then existing type, or (b) may elect to convert a LIBOR Borrowing of one type, or a portion thereof, to an Adjusted Corporate Base Rate Borrowing, or (c) elect to convert an Adjusted Corporate Base Fixed Rate Borrowing, or a portion thereof, to a LIBOR Borrowing of another type or (c) elect to convert a Floating Rate Borrowing, or a portion thereof, to a Fixed Rate Borrowing, in each case by giving notice thereof to the Agent in substantially the form of Exhibit I G hereto at the principal office of the Agent not later than 11:00 10:00 a.m. Chicago Detroit time (i) three LIBOR Interbank Business Days prior to the date any such continuation of or conversion to a LIBOR an Interbank Offered Rate Borrowing is to be effective and not later than noon Chicago time on (ii) the Business Day date such continuation or conversion is to be effective in all other cases, provided PROVIDED that an outstanding LIBOR Fixed Rate Borrowing may only be continued or converted on the last day of the then current LIBOR Interest Period with respect to such Borrowing, and providedPROVIDED, furtherFURTHER, if a continuation of a Borrowing as, or a conversion of a Borrowing to, a LIBOR Fixed Rate Borrowing is requested, such notice shall also specify the LIBOR Interest Period to be applicable thereto upon such continuation or conversion. The Agent, reasonably promptly on the Business Day day any such notice is given, shall provide notice of such election to the Revolving LendersBanks. If the Company Treasury Manager shall not timely deliver such a notice with respect to any outstanding LIBOR Fixed Rate Borrowing, the Company Borrower shall be deemed to have elected to convert such LIBOR Fixed Rate Borrowing to an Adjusted Corporate Base a Floating Rate Borrowing on the last day of the then current LIBOR Interest Period with respect to such Borrowing.

Appears in 1 contract

Samples: Guaranty Agreement (Invacare Corp)

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