Common use of Treatment of Affected Loans Clause in Contracts

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 or 5.03, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 10 contracts

Samples: Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc)

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Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.8 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 8 contracts

Samples: Credit Agreement (Engineered Support Systems Inc), Credit Agreement (Simcala Inc), Credit Agreement (Insight Health Services Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be is suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for the Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(b) or 4.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 that 4.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that Loans which would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made as or Continued instead as Converted into Base Rate Loans, Loans and all Base Rate Loans of such Lender that which would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 4.1 or 5.03 that 4.3 hereof which gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 7 contracts

Samples: Credit Agreement (Alamosa Holdings Inc), Credit Agreement (Texas Telecommunications Lp), Credit Agreement (Alamosa PCS Holdings Inc)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.8 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 7 contracts

Samples: Credit Agreement (Triad Hospitals Inc), Credit Agreement (Delta Woodside Industries Inc /Sc/), Credit Agreement (Friedmans Inc)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 6 contracts

Samples: Credit Agreement (Potlatch Corp), Credit Agreement (Condor Systems Inc), Credit Agreement (Longview Fibre Co)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans of any Class or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans of any Class shall be suspended pursuant to Sections Section 5.01 or 5.03, then such Lender’s Eurodollar Loans of such Class shall be automatically Converted into Base Rate Loans of such Class on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower Borrowers with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans of such Class have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans of such Class shall be applied instead to its Base Rate LoansLoans of such Class; and (b) all portions Loans of its Loan such Class that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Class of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Borrowers with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 4 contracts

Samples: Credit Agreement (Mediacom Broadband Corp), Credit Agreement (Mediacom Broadband Corp), Credit Agreement (Mediacom Capital Corp)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.033.8 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 4 contracts

Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Tractor Supply Co /De/)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (U S Restaurant Properties Inc), Credit Agreement (U S Restaurant Properties Inc), Credit Agreement (Healthtronics Surgical Services Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2 or 5.03, Section 5.3 then such Lender’s Eurodollar LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1, Section 5.2 or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar LIBOR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2, or 5.03 5.3 that gave rise to the Conversion of such Lender’s Eurodollar LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Hudson Pacific Properties, L.P.), Term Loan Credit Agreement (Hudson Pacific Properties, L.P.)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 4 contracts

Samples: Credit Agreement (Signal Medical Services), Credit Agreement (Jw Childs Equity Partners Ii Lp), Credit Agreement (Aaipharma Inc)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest PeriodsPeriods of Revolving Loans) in accordance with their respective CommitmentsCommitments of Revolving Loans and/or Term Loans, as the case may be.

Appears in 4 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be is suspended pursuant to Sections 5.01 Section 4.1 or 5.03Section 4.3 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for the Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(b) or Section 4.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 that Section 4.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that Loans which would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made as or Continued instead as Converted into Base Rate Loans, Loans and all Base Rate Loans of such Lender that which would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 4.1 or 5.03 that Section 4.3 hereof which gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Savvis Communications Corp), Credit Agreement (Log on America Inc), Credit Agreement (Savvis Communications Corp)

Treatment of Affected Loans. (a) If the obligation of any Lender to make Eurodollar or Continue any Term SOFR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar into Term SOFR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), 5.2 or 5.03, 5.3 then such Lender’s Eurodollar Term SOFR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar such Term SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), 5.2 or 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower in writing (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives written notice as provided below that the circumstances specified in Sections 5.01 Section 5.1(c), 5.2 or 5.03 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such LenderXxxxxx’s Eurodollar Term SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Term SOFR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Term SOFR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Term SOFR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives written notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2 or 5.03 5.3 that gave rise to the Conversion of such LenderXxxxxx’s Eurodollar Term SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Term SOFR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Term SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Term SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsTerm Loan Percentages of the Loans.

Appears in 3 contracts

Samples: Term Loan Agreement (Realty Income Corp), Term Loan Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Spirit Realty Capital, Inc.)

Treatment of Affected Loans. If the obligation of any Lender Bank to make or Continue Eurodollar Loans or to ContinueLoans, or to Convert Base Rate Loans intointo Eurodollar Loans, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 5.01, 5.02 or 5.03, then unless and until such Lender’s Bank gives notice as provided below that the circumstances specified in Section 5.01, 5.02 or 5.03 that gave rise to such Conversion no longer exist: (a) any Loan that would otherwise be made or Continued by such Bank as a Eurodollar Loans Loan shall be automatically made instead as, or Converted into Base Rate Loans on the last day(s) day of the then current Interest Period(s) for Eurodollar Loans Period therefor (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender Bank may specify to the Borrower Company with a copy to the Administrative Agent) into, a Base Rate Loan, and any Loan of such Bank that would otherwise be Converted into a Eurodollar Loan shall remain as a Base Rate Loan; and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: (a) to the extent that such LenderBank’s Eurodollar Base Rate Loans have been so Convertedmade or Continued as, or Converted from Eurodollar Loans to, Base Rate Loans as a result of the foregoing provisions of this Section 5.04, all payments and prepayments of principal that would otherwise be applied to such LenderBank’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 5.01, 5.02 or 5.03 that gave rise to the Conversion of such LenderBank’s Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such LenderBank’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans are allocated among the Lenders Banks ratably (as to principal amounts, Types and Interest Periods) as nearly as possible in accordance with their respective Commitments.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Motorola Solutions, Inc.), Revolving Credit Agreement (Motorola Solutions, Inc.), Revolving Credit Agreement (Motorola Solutions, Inc.)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Rate Loan or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans of a particular Type shall be suspended pursuant to Sections 5.01 Section 5.2 or 5.035.3 hereof (Loans of such Type being herein called “Affected Loans” and such Type being herein called the “Affected Type”), then such Lender’s Eurodollar Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.2 or 5.03 5.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 5.2 or 5.03 5.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 5.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Revolving Credit Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD), Credit Agreement (Aircastle LTD)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Rate Loan or a Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans of a particular Type shall be suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof (Loans of such Type being herein called “Affected Loans” and such Type being herein called the “Affected Type”), then such Lender’s Eurodollar Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsRevolving Percentages or Term Percentages, as applicable.

Appears in 3 contracts

Samples: Credit Agreement (Autonation, Inc.), Five Year Credit Agreement (Autonation, Inc.), Five Year Credit Agreement (Autonation, Inc.)

Treatment of Affected Loans. If the obligation of any Lender Bank to make any Eurodollar Loans Loan or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such LenderBank’s Eurodollar Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.8 hereof, on such earlier date as such Lender Bank may specify to the Borrower Representative with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such LenderBank’s Eurodollar Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such LenderBank’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender Bank as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Representative (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such LenderBank’s Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such LenderBank’s Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Banks holding Eurodollar Loans and by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.033.8 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 3 contracts

Samples: Credit Agreement (M & M Properties Inc), Credit Agreement (National Equipment Services Inc), Credit Agreement (National Equipment Services Inc)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Rate Loan or a Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans of a particular Type shall be suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof (Loans of such Type being herein called “Affected Loans” and such Type being herein called the “Affected Type”), then such Lender’s Eurodollar Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) as selected by the Borrower for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsRevolving Percentages.

Appears in 3 contracts

Samples: Credit Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.), Credit Agreement (Autonation, Inc.)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.03, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 3 contracts

Samples: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (Premier Parks Inc)

Treatment of Affected Loans. If the obligation of any Lender Bank to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b) or 5.03 hereof, on such earlier date as such Lender Bank may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Banks holding Eurodollar Loans and by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 3 contracts

Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp)

Treatment of Affected Loans. If the obligation of any Lender to --------------------------- make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 3 contracts

Samples: Credit Agreement (Applied Business Telecommunications), Credit Agreement (Advanstar Inc), Credit Agreement (Advanstar Holdings Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Rate Loans or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Rate Loans shall be suspended pursuant to Sections 5.01 Section 3.02, Section 3.03 or 5.03, Section 3.04(c) then such Lender’s Eurodollar Rate Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Rate Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.033.02, Section 3.03 or Section 3.04(c) on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.02, Section 3.03 or 5.03 Section 3.04(c) that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar Rate Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Rate Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Rate Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Rate Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 3.02, Section 3.03 or 5.03 Section 3.04(c) that gave rise to the Conversion conversion of such Lender’s Eurodollar Rate Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Rate Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Rate Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Eurodollar Rate Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Term Loan Agreement (Healthcare Realty Trust Inc), Credit Agreement (Healthcare Realty Trust Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar SOFR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar SOFR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2 or 5.03, Section 5.3 then such Lender’s Eurodollar SOFR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then then-current Interest Period(s) for Eurodollar SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1, Section 5.2 or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such LenderLxxxxx’s Eurodollar SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate Loans; and; (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar SOFR Loans shall be made or Continued instead as Base Rate Loans, and ; and (iii) all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar SOFR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2 or 5.03 5.3 that gave rise to the Conversion of such LenderLxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, then such LenderLxxxxx’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 4.1, 4.2, or 5.034.3 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1, 4.2, or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1, 4.2, or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.033.8 hereof, on such earlier date as such Lender may specify to the Principal Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Principal Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Highwoods Properties Inc), Credit Agreement (Highwoods Realty LTD Partnership)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar SOFR Loans or to ContinueContinue Term SOFR Loans, or to Convert Base Rate Loans intoor Adjusted Daily Simple SOFR Loans into Term SOFR Loans, Eurodollar or to Convert Base Rate Loans or Term SOFR Loans into Adjusted Daily Simple SOFR Loans shall be suspended pursuant to Sections 5.01 Section 4.1(c), 4.2 or 5.034.3, then such Lender’s Eurodollar SOFR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(c) or 4.3, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such LenderXxxxxx’s Eurodollar SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar SOFR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar SOFR Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1, 4.2 or 5.03 4.3 that gave rise to the Conversion of such LenderXxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Xxxxxx agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Revolving Commitments.

Appears in 2 contracts

Samples: Credit Agreement (National Storage Affiliates Trust), Credit Agreement (National Storage Affiliates Trust)

Treatment of Affected Loans. If the obligation Accounts applicable to a Revolving Loan of any Lender Bank (hereinafter called "Affected Accounts") are to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended Converted pursuant to Sections 5.01 Section 7.1 or 5.03Section 7.3 hereof, then such Lender’s Eurodollar Loans the Bank's Affected Accounts shall be automatically Converted into Base Rate Loans Accounts on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.037.1(b) or Section 7.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 Section 7.1 or 5.03 that Section 7.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: exist: (a) to the extent that such Lender’s Eurodollar Loans Bank's Affected Accounts have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s Eurodollar Loans Bank's Affected Accounts shall be applied instead to its Base Rate LoansAccounts; and and (b) all portions of its Loan that Accounts which would otherwise be made established or Continued by such Lender Bank as Eurodollar Loans Accounts shall be made as or Continued instead as Converted into Base Rate Loans, Accounts and all Base Rate Loans Accounts of such Lender that Bank which would otherwise be Converted into Eurodollar Loans Accounts shall be Converted instead into (or shall remain as as) Base Rate LoansAccounts. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 7.1 or 5.03 that Section 7.3 hereof which gave rise to the Conversion of such Lender’s Eurodollar Loans Bank's Affected Accounts pursuant to this Section 5.04 7.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Accounts are outstanding, such Lender’s Bank's Base Rate Loans Accounts shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, Accounts to the extent necessary so that, after giving effect thereto, all Base Rate Accounts held by the Banks holding Eurodollar Accounts and Eurodollar Loans by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsCommitment Percentages.

Appears in 2 contracts

Samples: Credit Agreement (Tufco Technologies Inc), Credit Agreement (Tufco Technologies Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 4.1.(c), Section 4.2.(a) or 5.03(b)(v), or Section 4.3. then such Lender’s Eurodollar LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1.(c), Section 4.2.(a) or (b)(v), or Section 4.3. on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1., Section 4.2.(a) or 5.03 Section 4.3. that gave rise to such Conversion no longer exist (or (b) the Borrower, until a Benchmark Replacement is implemented in the case of accordance with Section 5.01, ends any suspension by the Borrower:4.2.(b)): (a) to the extent that such Lender’s Eurodollar LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar LIBOR Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 4.1.(c) or 5.03 4.3. that gave rise to the Conversion of such Lender’s Eurodollar LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust)

Treatment of Affected Loans. If the obligation of any Lender to make --------------------------- Eurodollar Loans of any Class or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans of any Class shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans of such Class shall be automatically Converted into Base Rate Loans of such Class on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans of such Class have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans of such Class shall be applied instead to its Base Rate LoansLoans of such Class; and (b) all portions Loans of its Loan such Class that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Class of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 2 contracts

Samples: Credit Agreement (Mediacom LLC), Credit Agreement (Mediacom LLC)

Treatment of Affected Loans. If the obligation of any Lender Bank to make a Eurodollar Loans Loan or to ContinueContinue Eurodollar Loans, or to Convert all or any part of the Base Rate Loans into, Loan into Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 4.1 or 5.03hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into the Base Rate Loans Loan on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Commitment Percentage of the Base Rate LoansLoan; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as a part of the Base Rate LoansLoan, and all or any part of the Base Rate Loans of Loan held by such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as part of the Base Rate LoansLoan. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's portion of the Base Rate Loans Loan shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans held by Banks holding Eurodollar Loans are allocated among the Lenders ratably held pro rata (as to principal amounts, Types amounts and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Exco Resources Inc), Credit Agreement (Venus Exploration Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar SOFR Loans shall be suspended pursuant to Sections 5.01 Section 5.2 or 5.03, Section 5.3 then such Lender’s Eurodollar SOFR Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current next succeeding Interest Period(s) Payment Date for Eurodollar SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.03, 5.2 or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.2 or 5.03 Section 5.3 that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such LenderXxxxxx’s Eurodollar SOFR Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate Loans; and; (bii) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar SOFR Loans shall be made or Continued continued instead as Base Rate Loans, and ; and (iii) all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar SOFR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.2 or 5.03 5.3 that gave rise to the Conversion conversion of such LenderXxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) Business Day for such outstanding Eurodollar SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (United Homes Group, Inc.), Credit Agreement (United Homes Group, Inc.)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such 57 Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Converted into Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of the same Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 2 contracts

Samples: Credit Agreement (Frontiervision Holdings Capital Corp), Credit Agreement (Frontiervision Capital Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continuecontinue any Eurodollar Loans, or to Convert convert any Base Rate Loans into, Loan into a Eurodollar Loans Loan shall be suspended pursuant to Sections 5.01 Section 19.1, 19.2, or 5.0319.3 (such Loans being herein called Affected Loans), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted and immediately converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.0319.3, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 19.1, 19.2, or 5.03 19.3 that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) 19.5.1. to the extent that such Lender’s Eurodollar 's Affected Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall continue to be made and applied instead to its Base Rate Loansas provided for herein; and (b) 19.5.2. all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans shall be converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 19.1, 19.2, or 5.03 19.3 hereof that gave rise to the Conversion conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 19.5 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the type of the Affected Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans of the type of the Affected Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the type of the Affected Loans and by such Lender are held pro rata (as to principal amounts, Types type of interest, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Loan Agreement (Talx Corp), Loan Agreement (Talx Corp)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest PeriodsPeriods of Revolving Loans) in accordance with their respective CommitmentsCommitments of Revolving Loans and/or Tranche B Loans, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

Treatment of Affected Loans. If the obligation Accounts applicable to a Loan of any Lender Bank (hereinafter called "Affected Accounts") are to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended Converted pursuant to Sections 5.01 Section 6.1 or 5.036.3 hereof, then such Lender’s Eurodollar Loans the Bank's Affected Accounts shall be automatically Converted into Base Rate Loans Accounts on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by subsection 6.1(b) or Section 5.036.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 Section 6.1 or 5.03 that 6.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: exist: (a) to the extent that such Lender’s Eurodollar Loans Bank's Affected Accounts have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s Eurodollar Loans Bank's Affected Accounts shall be applied instead to its Base Rate LoansAccounts; and and (b) all portions of its Loan that Accounts which would otherwise be made established or Continued by such Lender Bank as Eurodollar Loans Accounts shall be made as or Continued instead as Converted into Base Rate Loans, Accounts and all Base Rate Loans Accounts of such Lender that Bank which would otherwise be Converted into Eurodollar Loans Accounts shall be Converted instead into (or shall remain as as) Base Rate LoansAccounts. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 6.1 or 5.03 that 6.3 hereof which gave rise to the Conversion of such Lender’s Eurodollar Loans Bank's Affected Accounts pursuant to this Section 5.04 6.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Accounts are outstanding, such Lender’s Bank's Base Rate Loans Accounts shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, Accounts to the extent necessary so that, after giving effect thereto, all Base Rate Accounts held by the Banks holding Eurodollar Accounts and Eurodollar Loans by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsCommitment Percentages.

Appears in 2 contracts

Samples: Credit Agreement (Horizon Health Corp /De/), Credit Agreement (Horizon Health Corp /De/)

Treatment of Affected Loans. If the obligation of any Lender Bank to make any Eurodollar Loans Loan or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.8 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender Bank as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Banks holding Eurodollar Loans and by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Owens & Minor Inc/Va/), Credit Agreement (Owens & Minor Inc/Va/)

Treatment of Affected Loans. If the obligation of any Lender Party to make Eurodollar Loans a particular Type of Loan or to Continuecontinue, or to Convert Base Rate convert Canadian Loans of any other Type into, Eurodollar Canadian Loans of a particular Type shall be suspended pursuant to Sections 5.01 or 5.033.2 and 3.4 hereof (Canadian Loans of such Type being herein called "Affected Loans" and such Type being herein called the "Affected Type"), then such Lender’s Eurodollar Lender Party's Affected Loans shall be automatically Converted converted into Canadian Base Rate Loans with respect to US $ Loans or to Canadian Prime Rate Loans with respect to C $ Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.4 hereof, on such earlier date as such Lender Party may specify to the Borrower Canadian Borrowers with a copy to the Administrative Canadian Agent) and, unless and until either (a) such Lender Party gives notice as provided below that the circumstances specified in Sections 5.01 3.2 or 5.03 3.4 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Lender Party's Affected Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Lender Party's Affected Loans shall be applied instead to its Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable; and (b) all portions of its Loan Canadian Loans that would otherwise be made or Continued continued by such Lender Party as Eurodollar Canadian Loans of the Affected Type shall be made or Continued continued instead as Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, and all Base Rate Canadian Loans of such Lender Party that would otherwise be Converted converted into Eurodollar Canadian Loans of the Affected Type shall be converted instead into (or shall remain as as) Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable. If such Lender Party gives notice to the Borrower Canadian Borrowers (with a copy to the Administrative Agent Canadian Agent) that the circumstances specified in Section 5.01 3.2 or 5.03 3.4 hereof that gave rise to the Conversion of such Lender’s Eurodollar Lender Party's Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Party agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Canadian Loans of the Affected Type made by other Lenders Lender Parties are outstanding, such Lender’s Lender Party's Canadian Base Rate Loans or Canadian Prime Rate Loans, as applicable, shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansCanadian Loans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate Canadian Loans held by the Lender Parties holding Canadian Loans of the Affected Type and Eurodollar Loans by such Lender Party are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsPercentage Shares of the Canadian Maximum Credit Amount.

Appears in 2 contracts

Samples: Canadian Credit Agreement (Devon Energy Corp /Ok/), Credit Agreement (Devon Energy Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2 or 5.03, Section 5.3 then such Lender’s Eurodollar LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1, Section 5.2 or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar LIBOR Loans shall be applied instead to its Base Rate Loans; and; (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and ; and (iii) all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2 or 5.03 5.3 that gave rise to the Conversion of such Lender’s Eurodollar LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans or to Continuecontinue any Eurodollar Loans, or to Convert convert any Base Rate Loans into, Loan into a Eurodollar Loans Loan shall be suspended pursuant to Sections 5.01 Section 17.1, 17.2, or 5.0317.3 (such Loans being herein called Affected Loans), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted and immediately converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.0317.3, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 17.1, 17.2, or 5.03 17.3 that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall continue to be made and applied instead to its Base Rate Loansas provided for herein; and (bii) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans shall be converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 17.1, 17.2, or 5.03 17.3 hereof that gave rise to the Conversion conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 17.5 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the type of the Affected Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans of the type of the Affected Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the type of the Affected Loans and by such Lender are held pro rata (as to principal amounts, Types type of interest, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Loan Agreement (Angelica Corp /New/), Loan Agreement (Layne Christensen Co)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Borrowers with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Borrowers with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 2 contracts

Samples: Credit Agreement (Mediacom LLC), Credit Agreement (Mediacom Capital Corp)

Treatment of Affected Loans. If the obligation of any Lender Bank to make or Continue Eurodollar Loans or to ContinueLoans, or to Convert Base Rate Loans intointo Eurodollar Loans, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.03, then unless and until such Lender’s Bank gives notice as provided below that the circumstances specified in Section 5.01 or 5.03 that gave rise to such Conversion no longer exist: (a) any Loan that would otherwise be made or Continued by such Bank as a Eurodollar Loans Loan shall be automatically made instead as, or Converted into Base Rate Loans on the last day(s) day of the then current Interest Period(s) for Eurodollar Loans Period therefor (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender Bank may specify to the Borrower Company with a copy to the Administrative Agent) into, a Base Rate Loan, and any Loan of such Bank that would otherwise be Converted into a Eurodollar Loan shall remain as a Base Rate Loan; and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: (a) to the extent that such LenderBank’s Eurodollar Base Rate Loans have been so Convertedmade or Continued as, or Converted from Eurodollar Loans to, Base Rate Loans as a result of the foregoing provisions of this Section 5.04, all payments and prepayments of principal that would otherwise be applied to such LenderBank’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such LenderBank’s Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such LenderBank’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans are allocated among the Lenders Banks ratably (as to principal amounts, Types and Interest Periods) as nearly as possible in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Motorola Solutions, Inc.), Term Loan Credit Agreement (Motorola Solutions, Inc.)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 4.1, 4.2, or 5.034.3 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1, 4.2, or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1, 4.2, or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Revolving Loans held by Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)

Treatment of Affected Loans. If the obligation of any Lender Bank to make Eurodollar Loans make, Continue as or to Continue, or to Convert Base Rate Loans into, into Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then then, unless and until such LenderBank gives notice that the circumstances specified in Section 5.01 or 5.03 hereof no longer exist, such Bank’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar such Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such LenderBank’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such LenderBank’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such LenderBank’s Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such LenderBank’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Banks holding Eurodollar Loans and by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (American General Finance Corp), 364 Day Credit Agreement (American General Finance Inc)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.9, 3.10 or 5.033.11 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.9, 3.10 or 5.03 3.11 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.9, 3.10 or 5.03 3.11 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.12 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders Parties holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Revolving Commitments.

Appears in 2 contracts

Samples: Credit Agreement (CNL Retirement Properties Inc), Credit Agreement (CNL Retirement Properties Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Senior Guaranteed Credit Agreement (Iridium Facilities Corp), Credit Agreement (State Auto Financial Corp)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments. The provisions of this Section 3.10 shall survive repayment of the loans and obligations under the Credit Documents and termination of the Commitments hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Apria Healthcare Group Inc)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.8 or 5.033.9 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.8 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Ameripath Inc), Credit Agreement (Rehabcare Group Inc)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 4.01, 4.02 or 5.034.03 hereof (such Eurodollar Loans being herein called "Affected Loans"), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.03 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.01, 4.02 or 5.03 4.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.01, 4.02 or 5.03 4.03 hereof that gave rise to the Conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 4.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans made by other Lenders, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsRevolving Credit Commitment.

Appears in 2 contracts

Samples: Credit Agreement (Saks Inc), Credit Agreement (Saks Inc)

Treatment of Affected Loans. If the obligation of any Lender --------------------------- to make Eurodollar Loans or to Continue, or to Convert Base Prime Rate Loans into, Eurodollar Loans shall be is suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof, then such Lender’s 's Eurodollar Loans ----------- --- shall be automatically Converted into Base Prime Rate Loans on the last day(s) of the then current Interest Period(s) for the Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(b) or 4.3 hereof, on such earlier date as -------------- --- such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 that 4.3 hereof which gave rise to such Conversion no ----------- --- longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to To the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Prime Rate Loans; and (b) all portions of its Loan that All Loans which would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made as or Continued instead as Base Converted into Prime Rate Loans, Loans and all Base Rate Loans of such Lender that which would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as Base as) Prime Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 that 4.3 hereof which gave rise to the ----------- --- Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 4.4 no ----------- longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base 's Prime Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Mail Well I Corp), Credit Agreement (Mail Well Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2 or 5.03, Section 5.3 then such Lender’s Eurodollar LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1, Section 5.2 or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar LIBOR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2 or 5.03 5.3 that gave rise to the Conversion of such Lender’s Eurodollar LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar any SOFR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar any SOFR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2, or 5.03, Section 5.3 then such Lender’s Eurodollar SOFR Loans shall be automatically Converted into Base Rate Loans on (a) with respect to Daily Simple SOFR Loans, the day of such suspension and (b) with respect to Term SOFR Loans, the last day(s) of the then current Interest Period(s) for Eurodollar such Term SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1, Section 5.2, or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such LenderLxxxxx’s Eurodollar SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar SOFR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar SOFR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c) or 5.03 5.3 that gave rise to the Conversion of such LenderLxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Term SOFR Loans, or, with respect to Daily Simple SOFR Loans, on the next Business Day, to the extent necessary so that, after giving effect thereto, (A) if such Lender is a Revolving Credit Lender, all Base Rate Revolving Credit Loans held by the Revolving Credit Lenders holding SOFR Loans and Eurodollar Loans by such Revolving Credit Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Revolving Credit Commitments, (B) if such Lender is a Tranche A-2 Term Loan Lender, all Tranche A-2 Term Loans held by the Tranche A-2 Term Loan Lenders holding SOFR Loans and by such Tranche A-2 Term Loan Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Tranche A-2 Term Loans, and (C) if such Lender is a Tranche A-1 Term Loan Lender, all applicable Tranche A-1 Term Loans held by the applicable Tranche A-1 Term Loan Lenders holding SOFR Loans and by such Tranche A-1 Term Loan Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective applicable Tranche A-1 Term Loans.

Appears in 2 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Treatment of Affected Loans. If the obligation of any Lender Bank to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender Bank may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among the Lenders Banks ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Enhance Financial Services Group Inc), Credit Agreement (Enhance Financial Services Group Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 2.9(1) or 5.032.9(3), then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.032.9(3), on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 2.9(1) or 5.03 2.9(3) that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 2.9(1) or 5.03 2.9(3) that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 2.9(4) no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans ("AFFECTED LOANS"), or to Continue, or to Convert Base Rate Loans into, Eurodollar of another Type into Affected Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans therefor (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b), 5.01(c) or 5.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Affected Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Affected Loans (as the case may be) shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Affected Loans made by other Lenders Lenders, and of the same Class as such Lender's Loans are outstanding, such Lender’s 's Base Rate Loans of each Class (subject to Section 2.10 hereof) shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansAffected Loans and of such Class, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among of such Class held by the Lenders ratably holding Affected Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Suiza Foods Corp), Credit Agreement (Suiza Foods Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans a Eurocurrency Rate Loan or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans of a particular Type shall be suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof (Loans of such Type being herein called “Affected Loans” and such Type being herein called the “Affected Type”), then such Lender’s Eurodollar Affected Loans shall be automatically Converted into Base Rate Loans in the Dollar Equivalent Amount of such Affected Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted(i) in the case of Affected Loans originally made in Dollars, Converted and (ii) in the case of Affected Loans originally made in an Alternative Currency, converted into the Alternative Currency Equivalent Amount, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types Types, currency denomination and Interest Periods) in accordance with their respective Revolving Credit Commitments.

Appears in 2 contracts

Samples: Credit Agreement (V F Corp), Credit Agreement (V F Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar SOFR Loans or to Continuecontinue, or to Convert Base Rate convert ABR Loans into, Eurodollar SOFR Loans shall be suspended pursuant to Sections 5.01 or Section 5.03, then such Lender’s Eurodollar SOFR Loans shall be automatically Converted converted into Base Rate ABR Loans on the last day(s) of the then current Interest Period(s) for Eurodollar such SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, or on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative AgentAgent as is required by law) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 or Section 5.03 that which gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such LenderXxxxxx’s Eurodollar SOFR Loans have been so Convertedconverted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate ABR Loans; and (bii) all portions of its Loan that Loans which would otherwise be made or Continued continued by such Lender as Eurodollar SOFR Loans shall be made or Continued continued instead as Base Rate Loans, ABR Loans and all Base Rate ABR Loans of such Lender that which would otherwise be Converted converted into Eurodollar SOFR Loans shall remain as Base Rate ABR Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that which gave rise to the Conversion conversion of such LenderXxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Xxxxxx agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, such LenderXxxxxx’s Base Rate ABR Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar SOFR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar SOFR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2 or 5.03, Section 5.3 then such Lender’s Eurodollar SOFR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then then-current Interest Period(s) for Eurodollar SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1, Section 5.2 or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such LenderXxxxxx’s Eurodollar SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate Loans; and; (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar SOFR Loans shall be made or Continued instead as Base Rate Loans, and ; and (iii) all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar SOFR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2 or 5.03 5.3 that gave rise to the Conversion of such LenderXxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, then such LenderXxxxxx’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 5.1(c), Section 5.2, or 5.03, Section 5.3 then such Lender’s Eurodollar LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.1(c), Section 5.2, or Section 5.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.1(e), Section 5.2, or 5.03 Section 5.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar LIBOR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 5.1(c), 5.2 or 5.03 5.3 that gave rise to the Conversion of such Lender’s Eurodollar LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsPro Rata Shares.

Appears in 2 contracts

Samples: Credit Agreement (Chesapeake Lodging Trust), Term Loan Agreement (Chesapeake Lodging Trust)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b) or 5.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 2 contracts

Samples: Credit Agreement (United Stationers Supply Co), Credit Agreement (Be Aerospace Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Prime Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 5.01, 5.02 or 5.035.03 (the "AFFECTED LOANS"), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Prime Rate Loans on the last day(s) of the then then-current Interest Period(s) for Eurodollar the Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.01(b) or 5.03, on such earlier date as such Lender may specify certify to the Borrower with a copy to the Administrative AgentAgent as being the last permissible date for such Conversion under, or by reason of, the relevant Regulatory Change or circumstances described under Section 5.03, such certification to be conclusive absent manifest error) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 5.01, 5.02 or 5.03 that which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Prime Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Prime Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 5.01, 5.02 or 5.03 that gave rise to the Conversion of such Lender’s 's Eurodollar Loans of any Class pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist): (i) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, each of such Lender’s Base 's Prime Rate Loans shall be automatically ConvertedConverted to Eurodollar Loans, on the first day(s) day of the next succeeding Interest Period(s) for Period for, and having the same Interest Period as, such outstanding Eurodollar Loans, Loans and to the extent necessary so that, after giving effect thereto, all Base Prime Rate Loans and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) as nearly as possible in accordance with their respective Commitments; and (ii) at any other time, the Borrower may thereafter provide to the Administrative Agent a notice of Conversion, in accordance with Section 4.05, of such Lender's Prime Rate Loans to Eurodollar Loans.

Appears in 2 contracts

Samples: Credit Agreement (Ormat Technologies, Inc.), Credit Agreement (Ormat Technologies, Inc.)

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Treatment of Affected Loans. If the obligation of any --------------------------- Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.03, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 2 contracts

Samples: Credit Agreement (Premier Parks Inc), Credit Agreement (Premier Parks Inc)

Treatment of Affected Loans. If the obligation Accounts applicable to a Loan of any Lender Bank (hereinafter called "Affected Accounts") are to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended Converted pursuant to Sections 5.01 8.1 or 5.038.3 hereof, then such Lender’s Eurodollar Loans the Bank's Affected Accounts shall be automatically Converted into Base Prime Rate Loans Accounts on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.038.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 8.1 or 5.03 that 8.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: exist: (a) to the extent that such Lender’s Eurodollar Loans Bank's Affected Accounts have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s Eurodollar Loans Bank's Affected Accounts shall be applied instead to its Base Prime Rate LoansAccounts; and and (b) all portions of its Loan that Accounts which would otherwise be made established or Continued by such Lender Bank as Eurodollar Loans Libor Accounts shall be made as or Continued instead as Base Converted into Prime Rate Loans, Accounts and all Base Rate Loans Accounts of such Lender that Bank which would otherwise be Converted into Eurodollar Loans Libor Accounts shall be Converted instead into (or shall remain as Base as) Prime Rate LoansAccounts. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 Sections 8.1 or 5.03 that 8.3 hereof which gave rise to the Conversion of such Lender’s Eurodollar Loans Bank's Affected Accounts pursuant to this Section 5.04 8.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Libor Accounts are outstanding, such Lender’s Base Bank's Prime Rate Loans Accounts shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, Libor Accounts to the extent necessary so that, after giving effect thereto, all Base Rate Accounts held by the Banks holding Libor Accounts and Eurodollar Loans by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsCommitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Jotan Inc)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Rate Loan or a Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans of a particular Type shall be suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof (Loans of such Type being herein called “Affected Loans” and such Type being herein called the “Affected Type”), then such Lender’s Eurodollar Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Revolving Credit Commitments or Term Commitments, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Autonation Inc /Fl)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Credit Agreement Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Converted into Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s 's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 1 contract

Samples: Credit Agreement (Advo Inc)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Loan or to Continuecontinue any Eurodollar Loan, or to Convert convert any Base Rate Loans into, Loan into a Eurodollar Loans Loan shall be suspended pursuant to Sections 5.01 Section 18.1, 18.2 or 5.0318.3 (such Loans being herein called Affected Loans), then such Lender’s Eurodollar Affected Loans shall be automatically Converted and immediately converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.0318.3, on such earlier date as such Lender may specify by written notice to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section18.1, 18.2, or 5.03 18.3 that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar Affected Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall continue to be made and applied instead to its Base Rate Loansas provided for herein; and (bii) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans shall be converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 18.1, 18.2 or 5.03 18.3 hereof that gave rise to the Conversion conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 18.5 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the type of the Affected Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans of the type of the Affected Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the type of the Affected Loans and by such Lender are held pro rata (as to principal amounts, Types type of interest, and Interest Periods) in accordance with their respective Revolving Loan Commitments.

Appears in 1 contract

Samples: Credit Agreement (Young Innovations Inc)

Treatment of Affected Loans. If the obligation of any Lender Bank to make a Eurodollar Loans Loan or to ContinueContinue Eurodollar Loans, or to Convert all or any part of the Base Rate Loans into, Loan into Eurodollar Loans shall be suspended pursuant to Sections 5.01 5.1 or 5.035.3 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into the Base Rate Loans Loan on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 5.1 or 5.03 5.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Commitment Percentage of the Base Rate LoansLoan; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as a part of the Base Rate LoansLoan, and all or any part of the Base Rate Loans of Loan held by such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as part of the Base Rate LoansLoan. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 Sections 5.1 or 5.03 5.3 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 5.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's portion of the Base Rate Loans Loan shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans held by Banks holding Eurodollar Loans are allocated among the Lenders ratably held pro rata (as to principal amounts, Types amounts and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Exco Resources Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans ("Affected Loans"), or to Continue, or to Convert Base Rate Loans into, Eurodollar of another Type into Affected Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans therefor (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b), 5.01(c) or 5.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Affected Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Affected Loans (as the case may be) shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Affected Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans (subject to Section 2.09 hereof) shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Affected Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Affected Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Alternate Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 SECTION 2.08(1) or 5.032.08(3), then such Lender’s Eurodollar 's Loans shall be automatically Converted into Alternate Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03SECTION 2.08(3), on such earlier date as such Lender may specify to the Borrower Borrowers with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 SECTION 2.08(1) or 5.03 2.08(3) that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Loans shall be applied instead to its Alternate Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Alternate Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Alternate Base Rate Loans. If such Lender gives notice to the Borrower Borrowers with a copy to the Administrative Agent that the circumstances specified in Section 5.01 SECTION 2.08(1) or 5.03 2.08(3) that gave rise to the Conversion of such Lender’s Eurodollar 's Loans pursuant to this Section 5.04 SECTION 2.08(4) no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Alternate Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Alternate Base Rate Loans and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Loan Agreement (Burnham Pacific Properties Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 3.5.6 or 5.033.5.7 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03conversion required by Sections 3.5.6 or 3.5.7 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 3.5.6 or 5.03 that 3.5.7 hereof which gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Convertedconverted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that Loans which would otherwise be made or Continued continued by such Lender as Eurodollar Loans shall be made or Continued continued instead as Base Rate Loans, Loans and all Base Rate Loans of such Lender that which would otherwise be Converted converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that Promptly after the circumstances specified in Section 5.01 Sections 3.5.6 or 5.03 that 3.5.7 which gave rise to the Conversion conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 3.5.8 no longer exist (which notice exist, such Lender agrees to shall give promptly upon such circumstances ceasing to exist) or the Agent and the Borrower terminates its applicable suspension at a time when Eurodollar notice thereof, and the Borrower may thereafter request conversion of such Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding to Eurodollar Loans, subject to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitmentssubsequent application of Section 3.5.6 or 3.5.7.

Appears in 1 contract

Samples: Credit Agreement (Dana Holding Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, into Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.9 or 5.033.11, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.11, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.9 or 5.03 3.11 that gave rise to such Conversion no longer exist or exists: (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: (a) ai to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and and (b) bi all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Lenders that would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.9 or 5.03 3.11 that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.12 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Revolving Credit Commitments.

Appears in 1 contract

Samples: Credit Agreement (Promedco Management Co)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans a particular Loan available to, or to ContinueContinue a Loan of, the Borrower or to Convert Base Rate Loans into, Eurodollar into Term SOFR Loans shall be suspended pursuant to Sections 5.01 Section 6.1 or 5.03Section 6.3 (Loans of such Type being herein called “Affected Loans”), then such Lender’s Eurodollar Affected Loans shall (i) in the case of Term SOFR Loans, be automatically Converted into Base Rate Loans (the interest rate on which Base Rate Loans shall, if necessary, be determined by the Agent without reference to the Term SOFR component of the Base Rate) on the last day(s) of the then current Interest Period(s) for Eurodollar the Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.036.3, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) andand (ii) in the case of Alternative Currency Loans in the affected currency or currencies, be prepaid by the Borrower, unless and until until, in either (a) case, such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 6.1 or 5.03 Section 6.3 that gave rise to such Conversion requirements no longer exist or (b) the Borrowerexist, in the case of Section 5.01, ends any suspension by the Borrowerand: (a) to the extent that such LenderXxxxxx’s Eurodollar Affected Loans that are Term SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Term SOFR Loans or Alternative Currency Loans, as applicable, shall be made or or, in the case of Term SOFR Loans, Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Term SOFR Loans shall remain as Base Rate Loans. If With respect to outstanding Loans, if such Lender Xxxxxx gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 6.1 or 5.03 Section 6.3 that gave rise to the Conversion or prepayment of such LenderXxxxxx’s Eurodollar Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Xxxxxx agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Term SOFR Loans made by other Lenders are CHAR1\1991350v2 outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Term SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Term SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Credit Agreement 43 Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b) or 5.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Be Aerospace Inc)

Treatment of Affected Loans. If the obligation of any Lender --------------------------- to make a Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, into Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.1 or 5.03, then 3.3 hereof such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.033.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.1 or 5.03 3.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.1 or 5.03 3.3 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by each of the Lenders ratably are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Revolving Commitments.

Appears in 1 contract

Samples: Credit Agreement (Fti Consulting Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Prime Rate Loans into, Eurodollar Loans shall be is suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Prime Rate Loans on the last day(s) of the then current Interest Period(s) for the Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(b) or 4.3 hereof, on such earlier date as such Lender may specify to the Borrower F.Y.I., with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 that 4.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to To the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Prime Rate Loans; and (b) all portions of its Loan that All Loans which would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made as or Continued instead as Base Converted into Prime Rate Loans, Loans and all Base Rate Loans of such Lender that which would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as Base as) Prime Rate Loans. If such Lender gives notice to the Borrower F.Y.I. (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 that 4.3 hereof which gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base 's Prime Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Fyi Inc)

Treatment of Affected Loans. If the obligation of any Lender Bank to ---------------------------- make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b) or 5.03 hereof, on such earlier date as such Lender Bank may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Banks holding Eurodollar Loans and by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Provident Companies Inc /De/)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.7, 3.8 or 5.033.9 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.7, 3.8 or 5.03 3.9 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.7, 3.8 or 5.03 3.9 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 3.10 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments. The provisions of this Section 3.10 shall survive repayment of the loans and obligations under the Credit Documents and termination of the Commitments hereunder.

Appears in 1 contract

Samples: Credit Agreement (Apria Healthcare Group Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate ABR Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate ABR Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Borrowers with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate ABR Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate ABR Loans, and all Base Rate ABR Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate ABR Loans. If such Lender gives notice to the Borrower Borrowers with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s Base Rate 's ABR Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate ABR and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 1 contract

Samples: Credit Agreement (Tanner Chemicals Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans a LIBOR Loan or to Continue, or to Convert convert any Base Rate Loans into, Eurodollar Loans Loan into an LIBOR Loan shall be suspended pursuant to Sections 5.01 4.15 or 5.034.16 hereof (such Loans being herein called "Affected Loans"), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted and immediately be converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 4.15 or 5.03 4.16 or hereof that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall continue to be made and applied instead to its Base Rate Loansas provided for herein; and (b) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar LIBOR Loans shall be converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 Sections 4.15 or 5.03 4.16 hereof that gave rise to the Conversion conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the type of the Affected Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably (as to principal amounts, Types holding Loans of the type of the Affected Loans and Interest Periods) by such Lender are held pro rata in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Facilities Agreement (Pomeroy It Solutions Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans make, Continue or to Continue, or to Convert Base Rate Loans into, into Eurodollar Loans shall be suspended pursuant to Sections 5.01 5.1. or 5.035.3., then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then then-current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03required by Sections 5.1.(b) or 5.3., on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 5.1. or 5.03 that 5.3. which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan that Revolving Credit Loans which would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, Loans and all Base Rate Loans of such Lender that which would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 Sections 5.1. or 5.03 that 5.3. which gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 5.4. no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically ConvertedConverted (and the outstanding Eurodollar Loans extended by the remaining Lenders proportionately reduced), on the first day(s) of the next succeeding Interest Period(s) (if any) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Revolving Credit Loans held by the Lenders holding Eurodollar Loans (if any) commencing on the first day(s) of such Interest Period(s) and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (American Health Properties Inc)

Treatment of Affected Loans. If the obligation of any Lender Bank to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.03 hereof, on such earlier date as such Lender Bank may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 or Section 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender Bank that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender Bank gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Banks holding Eurodollar Loans and by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.. Credit Agreement

Appears in 1 contract

Samples: Credit Agreement (Canandaigua Wine Co Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Xxxxxx's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from CREDIT AGREEMENT a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Borrowers with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Xxxxxx's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Borrowers with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Xxxxxx's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Xxxxxx agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans under the same Facility made by other Lenders are outstanding, such Lender’s Xxxxxx's Base Rate Loans under such Facility shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans under such Facility are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments under such Facility.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Aluminum Corp)

Treatment of Affected Loans. (a) If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 4.1(c), Section 4.2 or 5.03, Section 4.3 then such Lender’s Eurodollar 's LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(c), Section 4.2, or Section 4.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1, Section 4.2 or 5.03 Section 4.3 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar 's LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's LIBOR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 4.1(c), Section 4.2 or 5.03 Section 4.3 that gave rise to the Conversion of such Lender’s Eurodollar 's LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCredit Percentages.

Appears in 1 contract

Samples: Term Loan Agreement (Colonial Realty Limited Partnership)

Treatment of Affected Loans. (a) If the obligation of any Lender to --------------------------- make a particular Eurodollar Loans Rate Loan or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans of a particular Type shall be suspended pursuant to Sections 5.01 Section 4.01 or 5.034.03 hereof (Loans of such Type being herein called "Affected ------------ ---- Loans" and such Type being herein called the "Affected Type"), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.03 hereof, on such earlier date as ------------ such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.01 or 5.03 4.03 hereof that gave rise to such Conversion suspension no ------------ ---- longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.01 or 5.03 4.03 hereof that gave rise to the Conversion ------------ ---- suspension of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 4.04 no ------------ longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Commitments. (b) If the obligation of the Swing Line Lender to make Floating Eurodollar Rate Swing Line Loans shall be suspended pursuant to Section 4.01 or ------------ 4.03 hereof, the Floating Eurodollar Rate Swing Line Loans shall be ---- automatically on the same Business Day become Swing Line Loans that bear interest at the Base Rate and, unless and until the Swing Line Lender gives notice as provided below that the circumstances specified in Section 4.01 or ------------ 4.03 hereof that gave rise to such suspension no longer exist: ---- (i) all payments and prepayments of principal that would otherwise be applied to such Floating Eurodollar Rate Swing Line Loans shall be applied instead to Swing Line Loans that bear interest at the Base Rate; and (ii) all Swing Line Loans that would otherwise be made by the Swing Line Lender as Floating Eurodollar Rate Swing Line Loans shall be made instead as Swing Line Loans that bear interest at the Base Rate. If the Swing Line Lender gives notice to the Borrower (with a copy to the Agent) that the circumstances specified in Section 4.01 or 4.03 hereof that gave rise ------------ ---- to the suspension of Floating Eurodollar Rate Swing Line Loans pursuant to this Section 4.04 no longer exist (which the Swing Line Lender agrees to do promptly ------------ upon such circumstances ceasing to exist), the Borrower may again request, and the Swing Line Lender shall make, Floating Eurodollar Rate Swing Line Loans.

Appears in 1 contract

Samples: Revolving Credit Agreement (Acsys Inc)

Treatment of Affected Loans. If the obligation of any --------------------------- Lender to make Eurodollar Loans or to Continue, or to Convert convert Base Rate Loans into, or to continue Eurodollar Loans as Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.06 or 5.033.08 hereof (Loans of such Type being herein called "Affected ------------ ---- -------- Loans" and such Type being herein called the "Affected Type"), then such Lender’s Eurodollar 's ----- ------------- Affected Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.033.08 hereof, on such earlier date as ------------ such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.06 or 5.03 3.08 hereof that gave rise to such Conversion ------------ ---- conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued extended by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued extended instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Loans of the Affected Type shall be converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.06 or 5.03 3.08 hereof that gave ------------ ---- rise to the Conversion conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 ------- 3.09 no longer exist (which notice such Lender agrees to give do promptly upon such ---- circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of a particular Class of the Affected Type and by such Lender are held pro-rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 1 contract

Samples: Credit Agreement (American Seafoods Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans ("Affected Loans"), or to Continue, or to Convert Base Rate Loans into, Eurodollar of another Type into Affected Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans therefor (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.035.01(b), 5.01(c) or 5.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Affected Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Affected Loans (as the case may be) shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Affected Loans made by other Lenders Lenders, and of the same Class as such Lender's Loans are outstanding, such Lender’s 's Base Rate Loans of each Class (subject to Section 2.09 hereof) shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansAffected Loans and of such Class, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among of such Class held by the Lenders ratably holding Affected Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Suiza Foods Corp)

Treatment of Affected Loans. (a) If the obligation of any Lender to make Eurodollar LIBOR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar LIBOR Loans shall be suspended pursuant to Sections 5.01 Section 4.1(c), Section 4.2(a) or 5.03, (b)(v) or Section 4.3 then such Lender’s Eurodollar LIBOR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar LIBOR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(c), Section 4.2(a) or (b)(v), or Section 4.3 on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1, Section 4.2(a) or 5.03 Section 4.3 that gave rise to such Conversion no longer exist (or (b) the Borrower, until a Benchmark Replacement is implemented in the case of accordance with Section 5.01, ends any suspension by the Borrower:4.2(b)): (ai) to the extent that such Lender’s Eurodollar LIBOR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar LIBOR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar LIBOR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar LIBOR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 4.1(c), 4.2 or 5.03 4.3 that gave rise to the Conversion of such Lender’s Eurodollar LIBOR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar LIBOR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LIBOR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding LIBOR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments. (b) If the obligation of a Lender to make LIBOR Margin Loans shall be suspended pursuant to Section 4.1(c) or 4.2, then the LIBOR Margin Loans of such Lender shall be automatically due and payable on such date as such Lender may specify to the Borrower by written notice with a copy to the Administrative Agent; provided that if such notice is delivered after 10:00 a.m. Central Time, then such LIBOR Margin Loan shall be due and payable no earlier than the first Business Day following the date such notice is delivered.

Appears in 1 contract

Samples: Credit Agreement (American Homes 4 Rent, L.P.)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans of any other Type into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 (such Loans being called "Affected Loans" and such Type being called the "Affected Type"), then such Lender’s Eurodollar 's Affected Loans shall be automatically Converted into Base Prime Rate Loans on the last day(s) day or days of the then current Interest Period(s) Period or Periods for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.01(b) or 5.03, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar 's Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar 's Affected Loans shall be applied instead to its Base Prime Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be 50 made or Continued instead as Base Prime Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as Base as) Prime Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such Lender’s Eurodollar 's Affected Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base 's Prime Rate Loans shall be automatically Converted, on the first day(s) day or days of the next succeeding Interest Period(s) Period or Periods for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect theretoto such Conversions, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Classes, Types and Interest Periods) in accordance with their respective CommitmentsCommitment Percentage.

Appears in 1 contract

Samples: Credit Agreement (Kash N Karry Food Stores Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Term SOFR Loans or to Continuecontinue, or to Convert convert Base Rate Loans into, Eurodollar Term SOFR Loans shall be suspended pursuant to Sections 5.01 Section 3.02, Section 3.03 or 5.03, Section 3.04(c) then such Lender’s Eurodollar Term SOFR Loans shall be automatically Converted converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Term SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in conversion required by Section 5.033.02, Section 3.03 or Section 3.04(c) on such earlier date as such Lender or the Administrative Agent, as applicable, may specify to the Borrower (with a copy to the Administrative Agent, as applicable)) and, unless and until either (a) such Lender or the Administrative Agent, as applicable, gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.02, Section 3.03 or 5.03 Section 3.04(c) that gave rise to such Conversion conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such Lender’s Eurodollar Term SOFR Loans have been so Convertedconverted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Term SOFR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued continued by such Lender as Eurodollar Term SOFR Loans shall be made or Continued continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted converted into Eurodollar Term SOFR Loans shall remain as Base Rate Loans. If such Lender or the Administrative Agent, as applicable, gives notice to the Borrower (with a copy to the Administrative Agent Agent, as applicable) that the circumstances specified in Section 5.01 3.02, Section 3.03 or 5.03 Section 3.04(c) that gave rise to the Conversion conversion of such Lender’s Eurodollar Term SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender or the Administrative Agent, as applicable, agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Term SOFR Loans made by other Lenders are outstanding, then such Lender’s Base Rate Loans shall be automatically Convertedconverted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Term SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Term SOFR Loans and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Healthcare Realty Holdings, L.P.)

Treatment of Affected Loans. If the obligation of any Lender to make a Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 4.1, 4.2, or 5.034.3 hereof, then such Lender’s Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1, 4.2, or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1, 4.2, or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Revolving Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Corp)

Treatment of Affected Loans. If the obligation of any Lender Bank to make particular Eurodollar Loans or to ContinueContinue Eurodollar Loans, or to Convert all or any part of the Base Rate Loans into, Loan into Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof, then such Lender’s Bank's Eurodollar Loans shall be automatically Converted into the Base Rate Loans Loan on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Bank's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Bank's Eurodollar Loans shall be applied instead to its the Base Rate LoansLoan; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender Bank as Eurodollar Loans shall be made or Continued instead as part of the Base Rate LoansLoan, and all or any part of the Base Rate Loans of such Lender Loan that would otherwise be Converted into Eurodollar Loans shall remain as part of the Base Rate LoansLoan. If such Lender Bank gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Bank's Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Banks are outstanding, such Lender’s Bank's portion of the Base Rate Loans Loan shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by Banks holding Eurodollar Loans are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Loan Agreement (Petroglyph Energy Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate ABR Loans into, Eurodollar Loans shall be is suspended pursuant to Sections 5.01 Section 4.1 or 5.034.3 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate ABR Loans on the last day(s) of the then current Interest Period(s) for the Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1(b) or 4.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1 or 5.03 that 4.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate ABR Loans; and (b) all portions of its Loan that Loans which would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made as or Continued instead as Base Rate Loans, Converted into ABR Loans and all Base Rate Loans of such Lender that which would otherwise be Converted into Eurodollar Loans shall be Converted instead into (or shall remain as Base Rate as) ABR Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 4.1 or 5.03 that 4.3 hereof which gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Rate 's ABR Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Dynamex Inc)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Prime Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 2.7(1) or 5.03Section 2.7(3), then such Lender’s Eurodollar Loans shall be automatically Converted into Base Prime Rate Loans on the last day(s) as of the then current Interest Period(s) for Eurodollar Loans next Libor Reset Date (or, in the case of a Conversion resulting from a circumstance described in Section 5.032.7(3), on such earlier date as such Lender may specify to the Borrower with a copy to the Borrowers (through Administrative Agent) and, unless and until either (a) such Lender gives notice through Administrative Agent as provided below that the circumstances specified in Sections 5.01 Section 2.7(1) or 5.03 Section 2.7(3) that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Loans shall be applied instead to its Base Prime Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall instead be made as or Continued instead as Base Converted to Prime Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Prime Rate Loans. If such Lender gives notice to the Borrower with a copy to the Borrowers (through Administrative Agent Agent) that the circumstances specified in Section 5.01 2.7(1) or 5.03 Section 2.7(3) that gave rise to the Conversion of such Lender’s Eurodollar Loans pursuant to this Section 5.04 2.7(4) no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s Base Prime Rate Loans shall be automatically Converted, on the first day(s) Converted to Eurodollar Loans as of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsLibor Reset Date.

Appears in 1 contract

Samples: Loan Agreement (Colony Financial, Inc.)

Treatment of Affected Loans. If the obligation Accounts applicable to a Loan of any Lender to make Eurodollar Loans Bank (hereinafter called "AFFECTED ACCOUNTS") are affected by SECTION 5.1 or to ContinueSECTION 5.3 hereof, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 or 5.03, then such Lender’s Eurodollar Loans the Bank's Affected Accounts shall be automatically Converted into Base Rate Loans Accounts on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03required by SUBSECTION 5.1(b) or SECTION 5.3 hereof, on such earlier date as such Lender Bank may specify to the Borrower Parent with a copy to the Administrative Agent) and, unless and until either (a) such Lender Bank gives notice as provided below that the circumstances specified in Sections 5.01 SECTION 5.1 or 5.03 that 5.3 hereof which gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrower: exist: (a) to the extent that such Lender’s Eurodollar Loans Bank's Affected Accounts have been so Converted, all payments and prepayments of principal that which would otherwise be applied to such Lender’s Eurodollar Loans Bank's Affected Accounts shall be applied instead to its Base Rate LoansAccounts; and and (b) all portions of its Loan that Accounts which would otherwise be made established or Continued by such Lender Bank as Eurodollar Loans Libor Accounts shall be made as or Continued instead as Converted into Base Rate Loans, Accounts and all Base Rate Loans Accounts of such Lender that Bank which would otherwise be Converted into Eurodollar Loans Libor Accounts shall be Converted instead into (or shall remain as as) Base Rate LoansAccounts. If such Lender Bank gives notice to the Borrower Parent (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 SECTION 5.1 or 5.03 that 5.3 hereof which gave rise to the Conversion of such Lender’s Eurodollar Loans Bank's Affected Accounts pursuant to this Section 5.04 SECTION 5.4 no longer exist (which notice such Lender Bank agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders Libor Accounts are outstanding, such Lender’s Bank's Base Rate Loans Accounts shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, Libor Accounts to the extent necessary so that, after giving effect thereto, all Base Rate Accounts held by the Banks holding Libor Accounts and Eurodollar Loans by such Bank are allocated among the Lenders ratably held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective CommitmentsCommitment Percentages.

Appears in 1 contract

Samples: Credit Agreement (Marketing Specialists Corp)

Treatment of Affected Loans. If the obligation of any Lender to --------------------------- make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.035.03 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.035.03 hereof, on such earlier date as such Lender may specify to the Borrower Company with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives Credit Agreement ---------------- notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Xxxxxx's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Converted into Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower Company with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 hereof that gave rise to the Conversion of such Lender’s Xxxxxx's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Xxxxxx agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the same Class made by other Lenders are outstanding, such Lender’s Xxxxxx's Base Rate Loans of such Class shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans of such Class are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective CommitmentsCommitments of such Class.

Appears in 1 contract

Samples: Credit Agreement (Advo Inc)

Treatment of Affected Loans. If the obligation of any Lender to make any Eurodollar Loans Loan or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections 5.01 Section 3.5, 3.6 or 5.033.7 hereof, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for such Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03Conversion, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 3.5, 3.6 or 5.03 3.7 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 3.5, 3.6 or 5.03 3.7 hereof that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 3.8 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Loans held by the Lenders holding Eurodollar Loans and by such Lender are allocated among the Lenders ratably held pro rata (as to principal amounts, Types interest rate basis, and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Vestar Sheridan Inc)

Treatment of Affected Loans. If the obligation of any Lender to make or Continue a Eurodollar Loans or to ContinueRate Loan, or to Convert Base Rate Loans into, into Eurodollar Rate Loans shall be suspended pursuant to Sections 5.01 Section 4.2 or 5.034.3 hereof (such Eurodollar Rate Loans being herein called “Affected Loans” and such Type being herein called the “Affected Type”), then such Lender’s Eurodollar Affected Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Affected Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.3 hereof, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.2 or 5.03 4.3 hereof that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Affected Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Affected Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans of the Affected Type shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans of the Affected Type shall be Converted instead into (or shall remain as as) Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.2 or 5.03 4.3 hereof that gave rise to the Conversion of such Lender’s Eurodollar Affected Loans pursuant to this Section 5.04 4.4 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans of the Affected Type made by other Lenders are outstanding, such Lender’s Base Rate Loans shall be automatically Converted, Converted on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar LoansLoans of the Affected Type, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Loans of the Affected Type and by such Lender are held pro rata (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (V F Corp)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Floating Loans or to Continue, or to Convert Base Alternate Interest Rate Loans into, Eurodollar Floating Loans shall be suspended pursuant to Sections 5.01 Section 2.6(1), 2.6(2) or 5.032.6(3), then such Lender’s Eurodollar Loans shall be automatically Converted into Base Alternate Interest Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.032.6(3), on such earlier date as such Lender may specify to the Borrower Borrowers with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 2.6(1), 2.6(2) or 5.03 2.6(3) that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar Floating Loans shall be applied instead to its Base Alternate Interest Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Floating Loans shall be made or Continued instead as Base Alternate Interest Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Floating Loans shall remain as Base Alternate Interest Rate Loans. If such Lender gives notice to the Borrower Borrowers with a copy to the Administrative Agent that the circumstances specified in Section 5.01 2.6(1), 2.6(2) or 5.03 2.6(3) that gave rise to the Conversion of such Lender’s Eurodollar Floating Loans pursuant to this Section 5.04 2.6(4) no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding), such Lender’s Base Alternate Interest Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Floating Loans, to the extent necessary so that, that after giving effect thereto, all Base Alternate Interest Rate Loans and Eurodollar Floating Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Loan Agreement (Sunstone Hotel Investors, Inc.)

Treatment of Affected Loans. (a) If the obligation of any Lender to make Eurodollar SOFR Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar SOFR Loans shall be suspended pursuant to Sections 5.01 Section 4.1.(c), Section 4.2. or 5.03, Section 4.3. then such Lender’s Eurodollar (x) Daily Simple SOFR Loans shall be automatically Converted to Base Rate Loans as of such date or (y) Term SOFR Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Term SOFR Loans (or, in the case of a Conversion resulting from a circumstance described in required by Section 5.034.1.(c), Section 4.2., or Section 4.3. on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections 5.01 Section 4.1., Section 4.2. or 5.03 Section 4.3. that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (ai) to the extent that such LenderXxxxxx’s Eurodollar SOFR Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s Eurodollar SOFR Loans shall be applied instead to its Base Rate Loans; and (bii) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar SOFR Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar SOFR Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower (with a copy to the Administrative Agent Agent) that the circumstances specified in Section 5.01 4.1.(c) or 5.03 4.3. that gave rise to the Conversion of such LenderXxxxxx’s Eurodollar SOFR Loans pursuant to this Section 5.04 no longer exist (which notice such Lender Xxxxxx agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar SOFR Loans made by other Lenders are outstanding, then such LenderXxxxxx’s Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding (x) interest payment date for such outstanding Daily Simple SOFR Loans (y) Interest Period(s) for such outstanding Eurodollar Term SOFR Loans, to the extent necessary so that, after giving effect thereto, all Base Rate and Eurodollar Loans are allocated among held by the Lenders ratably holding Daily Simple SOFR Loans and/or Term SOFR Loans, as applicable, and by such Lender are held pro rata (as to principal amounts, Types Types, and Interest Periods) in accordance with their respective Commitments. (b) If the obligation of a Lender to make SOFR Margin Loans shall be suspended pursuant to Section 4.1.(c) or 4.2., then, to the extent payable on such date with a borrowing of Revolving Loans hereunder, the SOFR Margin Loans of such Lender shall be automatically due and payable on such date as such Lender may specify to the Borrower by written notice with a copy to the Administrative Agent; provided that to the extent a borrowing of Revolving Loans in such amount is not available hereunder, then, unless otherwise provided to the contrary in an agreement between the Borrower and the provider of such SOFR Margin Loans, the rate applicable to such Loans shall automatically be converted on such date in to Loans bearing interest at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Federal Realty OP LP)

Treatment of Affected Loans. If the obligation of any Lender to make Eurodollar Loans or to Continue, or to Convert Base Rate Loans into, Eurodollar Loans shall be suspended pursuant to Sections Section 5.01 or 5.03, then such Lender’s 's Eurodollar Loans shall be automatically Converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for Eurodollar Loans (or, in the case of a Conversion resulting from a circumstance described in Section 5.03, on such earlier date as such Lender may specify to the Borrower with a copy to the Administrative Agent) and, unless and until either (a) such Lender gives notice as provided below that the circumstances specified in Sections Section 5.01 or 5.03 that gave rise to such Conversion no longer exist or (b) the Borrower, in the case of Section 5.01, ends any suspension by the Borrowerexist: (a) to the extent that such Lender’s 's Eurodollar Loans have been so Converted, all payments and prepayments of principal that would otherwise be applied to such Lender’s 's Eurodollar Loans shall be applied instead to its Base Rate Loans; and (b) all portions of its Loan Loans that would otherwise be made or Continued by such Lender as Eurodollar Loans shall be made or Continued instead as Base Rate Loans, and all Base Rate Loans of such Lender that would otherwise be Converted into Eurodollar Loans shall remain as Base Rate Loans. If such Lender gives notice to the Borrower with a copy to the Administrative Agent that the circumstances specified in Section 5.01 or 5.03 that gave rise to the Conversion of such Lender’s 's Eurodollar Loans pursuant to this Section 5.04 no longer exist (which notice such Lender agrees to give do promptly upon such circumstances ceasing to exist) or the Borrower terminates its applicable suspension at a time when Eurodollar Loans made by other Lenders are outstanding, such Lender’s 's Base Rate Loans shall be automatically Converted, on the first day(s) of the next succeeding Interest Period(s) for such outstanding Eurodollar Loans, to the extent necessary so that, after giving effect thereto, all Base Rate Loans and Eurodollar Loans are allocated among the Lenders ratably (as to principal amounts, Types and Interest Periods) in accordance with their respective Commitments.

Appears in 1 contract

Samples: Credit Agreement (Entertainment Properties Trust)

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