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

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 2.5(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Term SOFR Loans before the last day of its then current Interest Period within the period required by Section 2.5(a) 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 shall automatically be converted into a Borrowing of Base Rate Loans, subject to Section 6.2 hereof. The Administrative Agent shall promptly notify the Banks of the Borrower’s failure to so give a notice under Section 2.5(a) hereof. In the event the Borrower fails to give notice pursuant to Section 2.5(a) 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 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. 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 2.5(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Term SOFR Loans before the last day of its then current Interest Period within the period required by Section 2.5(a) hereofand 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 shall automatically be converted into a Borrowing of Base Rate Loans, subject to Section 6.2 hereof. The Administrative Agent shall promptly notify the Banks of the Borrower’s failure to so give a notice under Section 2.5(a) hereof. In the event the Borrower fails to give notice pursuant to Section 2.5(a) 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 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. 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 If 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 Domestic Borrower fails to give notice pursuant to Section 2.5(a1.6(a) hereof above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term LIBORTerm SOFR Loans or EURIBOR Loans before the last day of its then current Interest Period within the period required by Section 2.5(a1.6(a) hereofand has and such Borrowing is not notified the Administrative Agent within the period required by prepaid in accordance with Section 2.8(a) hereof that it intends to prepay such Borrowing1.9(a), such Borrowing shall automatically (i) be converted into a Borrowing of U.S. Base Rate Loans, subject to Section 6.2 hereofLoans if for a LIBORTerm SOFR Loan and (ii) continue as a EURIBOR Loan for an Interest Period of one month if for a EURIBOR Loan. The Administrative Agent shall promptly notify If the Banks of the Borrower’s failure to so give a notice under Section 2.5(a) hereof. In the event the Canadian Borrower fails to give notice pursuant to Section 2.5(a1.6(a) hereof above of the continuation of any outstanding principal amount of a Borrowing of CAD CDOR Loans 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 1.9(a), such Borrowing shall automatically continue as a CAD CDOR Loan for an Interest Period of one month. In the event a Borrower fails to give notice pursuant to Section 1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation owed by it and has not notified the Administrative Agent by 12:00 noon 1:00 p.m. (New York City 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) in the case of a Domestic Borrower, a Borrowing of U.S. 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, subject to Section 6.2 hereof, which Borrowing shall be applied to pay the Reimbursement Obligation then due, and (B) in the case of the Canadian Borrower, a Borrowing of the U.S. Dollar Equivalent amount thereof in U.S. 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.

Xxxxxxxx’s Failure to Notify. Any 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 Base EurodollarDaily Simple SOFR Rate Loans shall, subject to Section 6.2 hereof, automatically be continued for an additional before the Interest Period on the last day of its then current Interest Period unless the Borrower has notified the Administrative Agent Payment Date therefor within the period required by Section 2.5(a1.6(a) hereof that it intends to convert and such Borrowing into is not prepaid in accordance with Section ​ 1.8(a), the Borrower shall be deemed to have selected that such Borrowing shall automatically be continued as a Borrowing of Term a Daily Simple 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 BorrowingRate Loan. If the Borrower fails to give notice pursuant to Section 2.5(a1.6(a) hereof above of the continuation or conversion of any outstanding principal amount of a Borrowing of Term SOFR Rate Loans before the last day of its then current Interest Period within the period required by Section 2.5(a1.6(a) hereofand has and such Borrowing is not notified prepaid in accordance with Section 1.8(a), the Administrative Agent within Borrower shall be deemed to have given the period required by Section 2.8(anotice three (3) hereof that it intends Business Days prior to prepay such Borrowing, the end of the then current Interest Period and such Borrowing shall automatically be converted into continued as a Borrowing of Base a EurodollarTerm SOFR Rate Loans, Loan with a one (1) month Interest Period; provided that all Lenders are able to accommodate such one (1) month Interest Period and such EurodollarTerm SOFR Rate Loan shall be subject to the funding indemnity set forth in Section 6.2 hereof. The Administrative Agent shall promptly notify 1.11 hereof in the Banks event it is prepaid prior to the end of the Borrower’s failure to so give a notice under Section 2.5(a) hereofInterest Period. In the event the Borrower fails to give notice pursuant to Section 2.5(a1.6(a) hereof above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified the Administrative Agent by 12:00 noon (New York 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, subject to Section 6.2 hereof, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. Any outstanding Borrowing of Base Domestic Rate Loans shall, subject to Section 6.2 hereof, shall 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(a1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of Term SOFR RFR Loans or notifies the Administrative Agent within the period required by Section 2.8(a1.9(a) hereof that it intends to prepay or repay such Borrowing. Any outstanding Borrowing of RFR Loans denominated in an Alternative Currency shall, subject to the penultimate sentence of Section 1.6(a), automatically be continued as a Borrowing of RFR Loans in the same Alternative Currency for an additional Interest Period on the last day of its then current Interest Period unless the Borrower notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing. If the Borrower fails to give notice pursuant to Section 2.5(a1.6(a) hereof of the continuation or conversion of any outstanding principal amount of a Borrowing of Term SOFR RFR Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 1.6(a) hereof and has not notified the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of RFR Loans denominated in U.S. Dollars with an Interest Period of one month, subject to Section 6.2 hereof, including the application of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period. If the Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Eurocurrency Loans before the last day of its then current Interest Period within the period required by Section 2.5(a1.6(a) hereofand hereof and has not notified the Administrative Agent within the period required by Section 2.8(a1.9(a) hereof that it intends to prepay such Borrowing, such Borrowing shall automatically be converted into continued as a Borrowing of Base Rate Loans, subject to Section 6.2 hereof. The Administrative Agent shall promptly notify the Banks of the Borrower’s failure to so give a notice under Section 2.5(a) hereof. In the event the Borrower fails to give notice pursuant to Section 2.5(a) 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 Eurocurrency Loans on such day in the amount same Alternative Currency with an Interest Period of the Reimbursement Obligation then dueone month, subject to Section 6.2 hereof, which Borrowing shall be applied to pay including the Reimbursement Obligation then dueapplication of Section 1.4 hereof and of the restrictions contained in the definition of Interest Period.