Common use of Type; Interest Elections Clause in Contracts

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loan, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loan, may elect Interest Periods therefor, all as provided in this Section 2.08. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Applicable Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective Advances, which may not be converted or continued.

Appears in 5 contracts

Samples: Credit Agreement (ATD Corp), Credit Agreement (ATD Corp), Credit Agreement (ATD Corp)

AutoNDA by SimpleDocs

Type; Interest Elections. (a) Each Borrowing shall initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loanany Adjusted Term SOFR Borrowing, shall have an the initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such any Borrowing to a Borrowing of a different Type or to continue such Borrowing and, in the case of an Interest Period LoanAdjusted Term SOFR Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders based upon their respective Applicable Lenders holding the Loans comprising such BorrowingPercentages, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective AdvancesLoans, which may not be converted or continued.

Appears in 4 contracts

Samples: First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.), First Lien Credit Agreement (Waystar Holding Corp.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBOR Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBOR Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Applicable Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 4 contracts

Samples: Credit Agreement (Northern Tier Energy LP), Credit Agreement (Northern Tier Energy LP), Credit Agreement (Northern Tier Energy, Inc.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent Borrowers may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent Borrowers may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their respective ABL Applicable Lenders holding the Loans comprising such Borrowing, Percentages and FILO Applicable Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 3 contracts

Samples: Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.), Credit Agreement (Party City Holdco Inc.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period LoanAdjusted Term SOFR Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the a Borrower Agent may elect to convert such any Borrowing to a Borrowing of a different Type or to continue such Borrowing and, in the case of an Interest Period LoanAdjusted Term SOFR Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The A Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders based upon their Applicable Lenders holding the Loans comprising such Borrowing, Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective AdvancesLoans, which may not be converted or continued.

Appears in 2 contracts

Samples: Lease I Agreement (Bowlero Corp.), Lease I Agreement (Bowlero Corp.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent Borrowers may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent Borrowers may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their Applicable Lenders holding the Loans comprising such Borrowing, Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 2 contracts

Samples: Credit Agreement (Am-Source, LLC), Abl Credit Agreement (Amscan Holdings Inc)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing or CDOR Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing or CDOR Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their Applicable Lenders holding the Loans comprising such Borrowing, Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective AdvancesLoans, which may not be converted or continued.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Post Holdings, Inc.), Intercreditor Agreement (Post Holdings, Inc.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBOR Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBOR Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Applicable Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued, and shall apply to any Incremental Term Loans only if and to the extent so specified in the applicable Incremental Term Loan Amendment.

Appears in 2 contracts

Samples: Credit Agreement (Neiman Marcus, Inc.), Credit Agreement (Neiman Marcus, Inc.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBOR Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBOR Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Applicable Lenders holding the Loans comprising such Borrowing, based upon their Applicable Percentages, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 2 contracts

Samples: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the applicable Borrower Agent may elect to convert such any Borrowing to a Borrowing of a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08. The applicable Borrower Agent may elect different options Types with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the applicable Lenders based upon their Applicable Lenders holding the Loans comprising such Borrowing, Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective AdvancesLoans, which may not be converted or continued.

Appears in 1 contract

Samples: Credit Agreement (Indivior PLC)

AutoNDA by SimpleDocs

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their Applicable Lenders holding the Loans comprising such Borrowing, Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 1 contract

Samples: Abl Credit Agreement (Amscan Holdings Inc)

Type; Interest Elections. (a) Each a)Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent Borrowers may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent Borrowers may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their Applicable Lenders holding the Loans comprising such Borrowing, Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective AdvancesLoans, which may not be converted or continued.

Appears in 1 contract

Samples: Credit Agreement (Osmotica Pharmaceuticals PLC)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana Term SOFR Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent Borrowers may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana Term SOFR Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent Borrowers may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their respective ABL Applicable Lenders holding the Loans comprising such Borrowing, Percentages and FILO Applicable Percentages and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 1 contract

Samples: Abl Credit Agreement (Party City Holdco Inc.)

Type; Interest Elections. (a) Each Borrowing shall initially shall be of the Type specified in the applicable Borrowing Request Loan Notice and, in the case of an Interest Period Loanany BSBY Rate Borrowing, shall have an the initial Interest Period as specified in such Borrowing RequestLoan Notice. Thereafter, the Borrower Agent Borrowers may elect to convert such any Borrowing to a Borrowing of a different Type or to continue such Borrowing and, in the case of an Interest Period Loana BSBY Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent Borrowers may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders based upon their respective Applicable Lenders holding the Loans comprising such BorrowingPercentages, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective AdvancesLoans, which may not be converted or continued.

Appears in 1 contract

Samples: Credit Agreement (BigBear.ai Holdings, Inc.)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBOR Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBOR Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Applicable Lenders holding the Loans comprising such Borrowing, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans Borrowings or Protective Advances, which may not be converted or continued.

Appears in 1 contract

Samples: Credit Agreement (Neiman Marcus Group Inc)

Type; Interest Elections. (a) Each Borrowing initially shall be of the Type specified in the applicable Borrowing Request and, in the case of an Interest Period Loana LIBO Rate Borrowing, shall have an initial Interest Period as specified in such Borrowing Request. Thereafter, the Borrower Agent may elect to convert such Borrowing to a different Type or to continue such Borrowing and, in the case of an Interest Period Loana LIBO Rate Borrowing, may elect Interest Periods therefor, all as provided in this Section 2.08Section. The Borrower Agent may elect different options with respect to different portions of the affected Borrowing, in which case each such portion shall be allocated ratably among the Lenders, based upon their Applicable Lenders holding the Loans comprising such BorrowingPercentages, and the Loans comprising each such portion shall be considered a separate Borrowing. This Section 2.08 shall not apply to Swingline Loans or Protective Advances, which may not be converted or continued.

Appears in 1 contract

Samples: Abl Credit Agreement (Petco Holdings Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.