Common use of The Agent’s Election Clause in Contracts

The Agent’s Election. Promptly after receipt of a Notice of Borrowing (or telephonic notice in lieu thereof), the Agent shall elect to have the terms of Section 1.2(g) or the terms of Section 1.2(h) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 1.2(h), the terms of Section 1.2(g) shall apply to the requested Borrowing.

Appears in 3 contracts

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/), Credit Agreement (Fleetwood Enterprises Inc/De/)

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The Agent’s Election. Promptly Subject to the requirements of Section 1.2(i), promptly after receipt of a Notice of Borrowing (or telephonic notice in lieu thereof), ) the Agent shall elect in its discretion to have the terms of Section 1.2(g) 1.2(h), Section 1.2(i), or the terms of Section 1.2(h1.2(j) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 1.2(h1.2(i) or an Agent Advance pursuant to Section 1.2(j), the terms of Section 1.2(g1.2(h) shall apply to the requested Borrowing.

Appears in 2 contracts

Samples: Credit Agreement (Imperial Sugar Co /New/), Credit Agreement (Imperial Sugar Co /New/)

The Agent’s Election. Promptly after receipt of a Notice of Borrowing (or telephonic notice in lieu thereof), the Agent shall elect to have the terms of Section SECTION 1.2(g) or the terms of Section SECTION 1.2(h) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section SECTION 1.2(h), the terms of Section SECTION 1.2(g) shall apply to the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Fleetwood Enterprises Inc/De/)

The Agent’s Election. Promptly after receipt of a Notice of Borrowing (or telephonic notice in lieu thereof), the Agent shall elect in its discretion to have the terms of Section 1.2(g1.2(h) or the terms of Section 1.2(h1.2(i) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 1.2(h1.2(i), the terms of Section 1.2(g1.2(h) shall apply to the requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Egl Inc)

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The Agent’s Election. Promptly after receipt of a Notice of -------------------- Borrowing (or telephonic notice in lieu thereof), the Agent shall elect in its discretion to have the terms of Section 1.2(g1.2(h) or the -------------- terms of Section 1.2(h1.2(i) apply to such requested Borrowing. If the Bank -------------- declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 1.2(h1.2(i), the terms of Section 1.2(g1.2(h) shall apply to the -------------- -------------- requested Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

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