Common use of The Agent’s Election Clause in Contracts

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Lenders), Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 9 contracts

Samples: Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.), Credit Agreement (Star Group, L.P.)

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The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Lenders), ) or Section 2.1.3 2.1.4 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 5 contracts

Samples: Credit Agreement (USA Compression Partners, LP), Credit Agreement, Credit Agreement (USA Compression Partners, LP)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Domestic Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d2.1.1(f) (pro rata advance by all Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 2 contracts

Samples: Credit Agreement (Park Ohio Holdings Corp), Credit Agreement (Park Ohio Industries Inc/Oh)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Domestic Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d2.1.1(f) (pro rata advance by all Domestic Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Domestic Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 1 contract

Samples: Credit Agreement (Brush Engineered Materials Inc)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Domestic Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d2.1.1(e) (pro rata advance by all Domestic Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Domestic Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 1 contract

Samples: Credit Agreement (Brush Engineered Materials Inc)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its sole discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Revolving Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Revolving Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Revolving Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Revolving Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 1 contract

Samples: Credit Agreement (Action Performance Companies Inc)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Revolving Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Revolving Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Northwestern Corp)

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The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion Permitted Discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Lenders), Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.Section

Appears in 1 contract

Samples: Credit Agreement (MSX International Inc)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Lenders), ) or Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.

Appears in 1 contract

Samples: Credit Agreement (Star Gas Partners Lp)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Domestic Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d2.1.1(f) (pro rata advance by all Lenders), Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.Section

Appears in 1 contract

Samples: Credit Agreement (Park Ohio Holdings Corp)

The Agent’s Election. Promptly after receipt of a Borrowing Notice (or telephonic notice in lieu thereof) of a requested Floating Rate Advance, the Agent shall elect in its discretion to have the terms of Section 2.1.1(d) (pro rata advance by all Lenders), Section 2.1.3 (advance by the Agent, in the form of a Non-Ratable Loan, on behalf of the Lenders) or Section 2.1.4(b) (Swingline Loans) apply to such requested Advance.Section

Appears in 1 contract

Samples: Credit Agreement (Park Ohio Holdings Corp)

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