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 in its discretion to have the terms of Section 2.01(b)(viii), Section 2.01(b)(ix), or Section 2.01(b)(x) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 2.01(b)(ix), the terms of Section 2.01(b)(viii) shall apply to the requested Borrowing unless such requested Borrowing is to be made by the Agent as an Agent Advance pursuant to Section 2.01(b)(x).

Appears in 2 contracts

Samples: Loan Agreement (Jeffboat LLC), Loan Agreement (American Barge Line Co)

AutoNDA by SimpleDocs

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 2.01(b)(viii1.2(h), Section 2.01(b)(ix1.2(i), or Section 2.01(b)(x1.2(j) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 2.01(b)(ix1.2(i) or an Agent Advance pursuant to Section 1.2(j), the terms of Section 2.01(b)(viii1.2(h) shall apply to the requested Borrowing unless such requested Borrowing is to be made by the Agent as an Agent Advance pursuant to Section 2.01(b)(x)Borrowing.

Appears in 2 contracts

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

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)) other than a request for LIBOR Rate Revolving Loans, the Agent shall elect in its discretion to have the terms of Section 2.01(b)(viii1.2(h), Section 2.01(b)(ix1.2(i), or Section 2.01(b)(x1.2(j) apply to such requested Borrowing. If the Bank declines declines, in its sole discretion discretion, to make a Non-Ratable Loan pursuant to Section 2.01(b)(ix1.2(i) or an Agent Advance pursuant to Section 1.2(j), the terms of Section 2.01(b)(viii1.2(h) shall apply to the requested Borrowing unless such requested Borrowing is to be made by the Agent as an Agent Advance pursuant to Section 2.01(b)(x)Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Texas Petrochemical Holdings Inc)

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)) other than a request for LIBOR Rate Revolving Loans, the Agent shall elect in its discretion to have the terms of Section 2.01(b)(viii), Section 2.01(b)(ix), 1.2(h) or Section 2.01(b)(x1.2(i) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 2.01(b)(ix), 1.2(i) the terms of Section 2.01(b)(viii1.2(h) shall apply to the requested Borrowing unless such requested Borrowing is to be made by the Agent as an Agent Advance pursuant to Section 2.01(b)(x)Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

AutoNDA by SimpleDocs

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)) other than a request for LIBOR Rate Revolving Loans, the Agent shall elect in its discretion to have the terms of Section 2.01(b)(viii1.2(h), Section 2.01(b)(ix1.2(i), or Section 2.01(b)(x1.2(j) apply to such requested Borrowing. If the Bank declines in its sole discretion to make a Non-Ratable Loan pursuant to Section 2.01(b)(ix1.2(i) or an Agent Advance pursuant to Section 1.2(j), the terms of Section 2.01(b)(viii1.2(h) shall apply to the requested Borrowing unless such requested Borrowing is to be made by the Agent as an Agent Advance pursuant to Section 2.01(b)(x)Borrowing.

Appears in 1 contract

Samples: Credit Agreement (Daisytek International Corporation /De/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!