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 1.6(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of 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 1.6(a) and such Borrowing is not prepaid in accordance with Section 1.8(a), such Borrowing shall automatically be continued as a Borrowing of Daily Simple SOFR Loans or SOFR Loans, as applicable, with an Interest Period of one (1) month. In the event the Borrower fails to give notice pursuant to Section 1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 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.

Appears in 1 contract

Samples: Credit Agreement (Necessity Retail REIT, Inc.)

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Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 1.6(a2.60(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Daily Simple SOFR Term Benchmark Loans or SOFR Loans, as applicable, before the last day of its then current Interest Period within the period required by Section 1.6(a2.06(a) and such Borrowing is not prepaid in accordance with Section 1.8(a)2.09, the Borrower shall be deemed to have elected that such Borrowing shall automatically be continued as a Borrowing of Daily Simple SOFR Term Benchmark Loans or SOFR RFR Loans, as applicable, with having an Interest Period of one (1) month’s duration. In the event the Borrower fails to give notice pursuant to Section 1.6(a2.06(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 2:00 p.m. (Chicago time) 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 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.

Appears in 1 contract

Samples: Credit Agreement (Dynatrace, Inc.)

Xxxxxxxx’s Failure to Notify. If the Borrower Company fails to give notice pursuant to Section 1.6(a1.4(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of 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 1.6(a1.4(a) and such Borrowing is not prepaid in accordance with Section 1.8(a)3.4, such Borrowing shall automatically be continued as converted into a Borrowing of Daily Simple SOFR Base Rate Loans or SOFR Loans(or, as applicableif such Borrowing is an Alternative Currency, with such Borrowing shall be continued for an Interest Period of one (1) month). In the event the applicable Borrower fails to give notice pursuant to Section 1.6(a1.4(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 2:00 p.m. 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 Credit 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.

Appears in 1 contract

Samples: Credit Agreement (EMCOR Group, Inc.)

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 1.6(a) above hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Daily Simple SOFR EurodollarSOFR Loans or SOFR Loans, as applicable, before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and such Borrowing is not prepaid in accordance with Section 1.8(a)) hereof, such Borrowing shall automatically be continued as a Borrowing of Daily Simple SOFR EurodollarSOFR Loans or SOFR Loans, as applicable, with an Interest Period of one (1) month. In the event the Borrower fails to give notice pursuant to Section 1.6(a) above hereof of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 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.

Appears in 1 contract

Samples: Credit Agreement (Centerspace)

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 1.6(a2.6(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of 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 1.6(a2.6(a) and such Borrowing is not prepaid in accordance with Section 1.8(a2.8(a), such Borrowing shall automatically be continued as converted into a Borrowing of Daily Simple SOFR Loans or SOFR Base Rate Loans, as applicable, with an Interest Period of one (1) month. In the event the Borrower fails to give notice pursuant to Section 1.6(a2.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 2:00 p.m. 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 Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the Revolving Credit 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.

Appears in 1 contract

Samples: Credit Agreement (Willdan Group, Inc.)

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Xxxxxxxx’s Failure to Notify. If the Borrower Company fails to give notice pursuant to Section 1.6(a1.4(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Daily Simple SOFR EurodollarSOFR Loans or SOFR Loans, as applicable, before the last day of its then current Interest Period within the period required by Section 1.6(a1.4(a) and such Borrowing is not prepaid in accordance with Section 1.8(a)3.4, such Borrowing shall automatically be continued as converted into a Borrowing of Daily Simple SOFR Base Rate Loans or SOFR Loans(or, as applicableif such Borrowing is an Alternative Currency, with such Borrowing shall be continued for an Interest Period of one (1) month). In the event the applicable Borrower fails to give notice pursuant to Section 1.6(a1.4(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 2:00 p.m. 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 Credit 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.

Appears in 1 contract

Samples: Credit Agreement (EMCOR Group, Inc.)

Xxxxxxxx’s Failure to Notify. If the Borrower fails to give notice pursuant to Section 1.6(a2.5(a) above of the continuation or conversion of any outstanding principal amount of a Borrowing of Daily Simple SOFR Loans or SOFR Loans, as applicable, before prior to the last day of its then current Interest Period within the period required by Section 1.6(a2.5(a) and such Borrowing is not prepaid in accordance with Section 1.8(a2.7(a), such Borrowing shall automatically be continued as converted to a Borrowing of Daily Simple SOFR Loans or SOFR Loans, as applicable, with an Interest Period of one (1) monthBase Rate Loan. In the event the Borrower fails to give notice pursuant to Section 1.6(a2.5(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 2:00 p.m. 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 Borrower shall be deemed to have requested a Borrowing of Base Rate Loans under the Revolving Credit 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.

Appears in 1 contract

Samples: Credit Agreement (Hub Group, Inc.)

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