Common use of Xxxxxxxx’s Failure to Notify Clause in Contracts

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 2.60(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark Loans before the last day of its then current Interest Period within the period required by Section 2.06(a) and such Borrowing is not prepaid in accordance with Section 2.09, the Borrower shall be deemed to have elected that such Borrowing be continued as a Borrowing of Term Benchmark Loans or RFR Loans, as applicable, having an Interest Period of one month’s duration. In the event the Borrower fails to give notice pursuant to Section 2.06(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans (or, at the option of the Swing Line Lender, under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 2.60(a2.6(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark SOFR Loans before the last day of its then current Interest Period within the period required by Section 2.06(a2.6(a) and such Borrowing is not prepaid in accordance with Section 2.092.8(a), the Borrower shall be deemed to have elected that such Borrowing shall automatically be continued as converted into a Borrowing of Term Benchmark Loans or RFR Base Rate Loans, as applicable, having an Interest Period of one month’s duration. In the event the Borrower fails to give notice pursuant to Section 2.06(a2.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon Noon (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the Revolving Facility (or, at the option of the Swing Line Swingline Lender, under the Swing LineSwingline) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. If the Borrower Company fails to give notice pursuant to Section 2.60(a1.4(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark EurodollarSOFR Loans before the last day of its then current Interest Period within the period required by Section 2.06(a1.4(a) and such Borrowing is not prepaid in accordance with Section 2.093.4, the Borrower shall be deemed to have elected that such Borrowing shall automatically be continued as converted into a Borrowing of Term Benchmark Base Rate Loans or RFR Loans(or, as applicableif such Borrowing is an Alternative Currency, having such Borrowing shall be continued for an Interest Period of one month’s duration). In the event the applicable Borrower fails to give notice pursuant to Section 2.06(a1.4(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the such Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the U.S. Revolving Facility (or, at the option of the Swing Line Lender, under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. Any outstanding Borrowing of Base Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 2.5(a) hereof that it intends to convert such Borrowing into a Borrowing of Term SOFR Loans or notifies the Administrative Agent within the period required by Section 2.8(a) hereof that it intends to prepay or repay such Borrowing. If the Borrower fails to give notice pursuant to Section 2.60(a2.5(a) above hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark SOFR Loans before the last day of its then current Interest Period within the period required by Section 2.06(a2.5(a) and hereofand has not notified the Administrative Agent within the period required by Section 2.8(a) hereof that it intends to prepay such Borrowing, such Borrowing is not prepaid in accordance with Section 2.09, the Borrower shall automatically be deemed to have elected that such Borrowing be continued as converted into a Borrowing of Term Benchmark Loans or RFR Base Rate Loans, as applicable, having an Interest Period subject to Section 6.2 hereof. The Administrative Agent shall promptly notify the Banks of one monththe Borrower’s durationfailure to so give a notice under Section 2.5(a) hereof. In the event the Borrower fails to give notice pursuant to Section 2.06(a2.5(a) above hereof of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (New York time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans (or, at the option of the Swing Line Lender, under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, subject to Section 6.2 hereof, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 2.60(a1.6(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark Daily Simple SOFR Loans or SOFR Loans, as applicable, before the last day of its then current Interest Period within the period required by Section 2.06(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.091.8(a), the Borrower shall be deemed to have elected that such Borrowing shall automatically be continued as a Borrowing of Term Benchmark Daily Simple SOFR Loans or RFR SOFR Loans, as applicable, having with an Interest Period of one (1) month’s duration. In the event the Borrower fails to give notice pursuant to Section 2.06(a1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon 2:00 p.m. (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the Revolving Credit (or, at the option of the Swing Line Lender, under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 2.60(a1.6(a) above hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark EurodollarSOFR Loans before the last day of its then current Interest Period within the period required by Section 2.06(a1.6(a) hereof and such Borrowing is not prepaid in accordance with Section 2.091.8(a) hereof, the Borrower shall be deemed to have elected that such Borrowing shall automatically be continued as a Borrowing of Term Benchmark EurodollarSOFR Loans or RFR Loans, as applicable, having with an Interest Period of one (1) month’s duration. In the event the Borrower fails to give notice pursuant to Section 2.06(a1.6(a) above hereof of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon 2:00 p.m. (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans (or, at the option of the Swing Line Lender, under the Swing Line) Credit on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. If the Borrower Company fails to give notice pursuant to Section 2.60(a1.4(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark SOFR Loans before the last day of its then current Interest Period within the period required by Section 2.06(a1.4(a) and such Borrowing is not prepaid in accordance with Section 2.093.4, the Borrower shall be deemed to have elected that such Borrowing shall automatically be continued as converted into a Borrowing of Term Benchmark Base Rate Loans or RFR Loans(or, as applicableif such Borrowing is an Alternative Currency, having such Borrowing shall be continued for an Interest Period of one month’s duration). In the event the applicable Borrower fails to give notice pursuant to Section 2.06(a1.4(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (Chicago time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the such Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the U.S. Revolving Facility (or, at the option of the Swing Line Lender, under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. Any outstanding Borrowing of Base Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent within the period required by Section 2.5(a) hereof that it intends to convert such Borrowing into a Borrowing of Term SOFR Loans or notifies the Administrative Agent within the period required by Section 2.8(a) hereof that it intends to prepay or repay such Borrowing. If the Borrower fails to give notice pursuant to Section 2.60(a2.5(a) above hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Term Benchmark SOFR Loans before the last day of its then current Interest Period within the period required by Section 2.06(a2.5(a) hereof and has not notified the Administrative Agent within the period required by Section 2.8(a) hereof that it intends to prepay such Borrowing, such Borrowing is not prepaid in accordance with Section 2.09, the Borrower shall automatically be deemed to have elected that such Borrowing be continued as converted into a Borrowing of Term Benchmark Loans or RFR Base Rate Loans, as applicable, having an Interest Period subject to Section 6.2 hereof. The Administrative Agent shall promptly notify the Banks of one monththe Borrower’s durationfailure to so give a notice under Section 2.5(a) hereof. In the event the Borrower fails to give notice pursuant to Section 2.06(a2.5(a) above hereof of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (New York time) on the day such Reimbursement Obligation becomes due that it intends to repay such Reimbursement Obligation through funds not borrowed under this Agreement, the Borrower shall be deemed to have requested a Borrowing of Base Rate Loans (or, at the option of the Swing Line Lender, under the Swing Line) on such day in the amount of the Reimbursement Obligation then due, subject to Section 6.2 hereof, which Borrowing shall be applied to pay the Reimbursement Obligation then due.