Common use of Subsequent Elections as to Loans Clause in Contracts

Subsequent Elections as to Loans. The Company may elect (a) to continue a Eurodollar Rate Loan, or a portion thereof, as a Eurodollar Rate Loan or (b) to convert a Eurodollar Rate Loan, or a portion thereof, to a Floating Rate Loan or (c) to convert a Floating Rate Loan, or a portion thereof, to a Eurodollar Rate Loan in each case by giving notice thereof to the Bank in substantially the form of Exhibit D hereto not later than 1:00 p.m. Detroit time three Eurodollar Business Days prior to the date any such continuation of or conversion to a Eurodollar Rate Loan is to be effective and not later than 1:00 p.m. Detroit time on the Business Day such continuation or conversion is to be effective in all other cases, provided that an outstanding Eurodollar Rate Loan may only be converted on the last day of the then current Interest Period with respect to such Loan, and provided, further, if a continuation of a Loan as, or a conversion of a Loan to, a Eurodollar Rate Loan is requested, such notice shall also specify the Interest Period to be applicable thereto upon such continuation or conversion. If the Company shall not timely deliver such a notice with respect to any outstanding Eurodollar Rate Loan, the Company shall be deemed to have elected to convert such Eurodollar Rate Loan to a Floating Rate Loan on the last day of the then current Interest Period with respect to such Loan.

Subsequent Elections as to Loans. The Company may elect (a) to continue a Eurodollar Rate LoanLoan of one type, or a portion thereof, as a Eurodollar Rate Loan of the then existing type or (b) may elect to convert a Eurodollar Rate LoanLoan of one type, or a portion thereof, to a Floating Rate Loan of another type or (c) elect to convert a Floating Rate Loan, or a portion thereof, to a Eurodollar Rate Loan Loan, in each case by giving notice thereof to the Bank Agent in substantially the form of Exhibit D E hereto not later than 1:00 p.m. 10:00 a.m. Detroit time three four Eurodollar Business Days prior to the date any such continuation of or conversion to a Eurodollar Rate Loan is to be effective and not later than 1:00 p.m. 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 Eurodollar Rate Loan may only be converted on the last day of the then current Interest Period with respect to such Loan, and provided, further, if a continuation of a Loan as, or a conversion of a Loan to, a Eurodollar Rate Loan is requested, such notice shall also specify the Interest Period to be applicable thereto upon such continuation or conversion. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such election to the Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding Eurodollar Rate Loan, the Company shall be deemed to have elected to convert such Eurodollar Rate Loan to a Floating Rate Loan on the last day of the then current Interest Period with respect to such Loan.

Subsequent Elections as to Loans. The Company may elect (a) to continue a Eurodollar Rate Loan, or a portion thereof, as a Eurodollar Rate Loan or (b) may elect to convert a Eurodollar Rate Loan, or a portion thereof, to a Floating Rate Loan of another type or (c) elect to convert a Floating Rate Loan, or a portion thereof, to a Eurodollar Rate Loan in each case by giving notice thereof to the Bank Administrative Agent in substantially the form of Exhibit D H hereto not later than 1:00 p.m. Detroit 10:00 a.m. Salt Lake City, Utah time three Eurodollar Business Days prior to the date any such continuation of or conversion to a Eurodollar Rate Loan is to be effective and not later than 1:00 p.m. Detroit 10:00 a.m. Salt Lake City, Utah 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 Eurodollar Rate Loan may only be converted on the last day of the then current Interest Period with respect to such Loan, and provided, further, if a continuation of a Loan as, or a conversion of a Loan to, a Eurodollar Rate Loan is requested, such notice shall also specify the Interest Period to be applicable thereto upon such continuation or conversion. The Administrative Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such election to the Banks. If the Company shall not timely deliver such a notice with respect to any outstanding Eurodollar Rate Loan, the Company shall be deemed to have elected to convert such Eurodollar Rate Loan to a Floating Rate Loan on the last day of the then current Interest Period with respect to such Loan.

Subsequent Elections as to Loans. The Company may elect (a) to continue a Eurodollar Fixed Rate Loan, or a portion thereof, as a Eurodollar Fixed Rate Loan or (b) to convert a Eurodollar Fixed Rate Loan, or a portion thereof, to a Floating Rate Loan of another type or (c) to convert a Floating Rate Loan, or a portion thereof, to a Eurodollar Fixed Rate Loan in each case by giving notice thereof to the Bank Agent in substantially the form of Exhibit D C hereto not later than 1:00 p.m. 10:00 a.m. Detroit time three four Eurodollar Business Days prior to the date any such continuation of or conversion to a Eurodollar Fixed Rate Loan is to be effective and not later than 1:00 p.m. 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 Eurodollar Fixed Rate Loan may only be converted on the last day of the then current Interest Period with respect to such Loan, and provided, further, if a continuation of a Loan as, or a conversion of a Loan to, a Eurodollar Fixed Rate Loan is requested, such notice shall also specify the Interest Period to be applicable thereto upon such continuation or conversion. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such election to the Lenders. If the Company shall not timely deliver such a notice with respect to any outstanding Eurodollar Rate Loan or Negotiated Rate Loan, the Company shall be deemed to have elected to convert such Eurodollar Fixed Rate Loan to a Floating Rate Loan on the last day of the then current Interest Period with respect to such Loan. If the Company shall not timely deliver such notice with respect to any outstanding Eurocurrency Rate Loan, the Company shall be deemed to have elected to convert such Eurocurrency Rate Loan to a Eurocurrency Rate Loan with an Interest Period of one month on the last day of the then current Interest Period with respect to such Eurocurrency Rate Loan.

Subsequent Elections as to Loans. The Company may elect (a) to continue a Eurodollar Rate Loan, or a portion thereof, as a Eurodollar Rate Loan or (b) may elect to convert a Eurodollar Rate Loan, or a portion thereof, to a Floating Rate Loan of another type or (c) elect to convert a Floating an Adjusted Base Rate Loan, or a portion thereof, to a Eurodollar Rate Loan in each case by giving telephonic notice thereof to the Bank in substantially the form of Exhibit D hereto Agent not later than 1:00 p.m. Detroit 12:00 noon Chicago time three four Eurodollar Business Days prior to the date any such continuation of or conversion to a Eurodollar Rate Loan is to be effective and not later than 1:00 p.m. Detroit 12:00 noon Chicago 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 Eurodollar Rate Loan may only be converted on the last day of the then current Interest Period with respect to such Loan, and provided, further, if a continuation of a Loan as, or a conversion of a Loan to, a Eurodollar Rate Loan is requested, such notice shall also specify the Interest Period to be applicable thereto upon such continuation or conversion. The Agent, not later than the Business Day next succeeding the day such notice is given, shall provide notice of such election to the Banks. If the Company shall not timely deliver such a notice with respect to any outstanding Eurodollar Rate Loan, the Company shall be deemed to have elected to convert such Eurodollar Rate Loan to a Floating an Adjusted Base Rate Loan on the last day of the then current Interest Period with respect to such Loan.