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

Xxxxxxxx’s Failure to Notify. If Borrower fails to give notice pursuant to Section 2.6(a) above of the continuation or conversion of any outstanding principal amount of (i) a Borrowing of SOFR Loans prior to the last day of its then current Interest Period within the period required by Section 2.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be deemed to be continued as a SOFR Loan, (ii) a Borrowing of Eurodollar Loans before the last day of its then current Interest Period within the period required by Section 2.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be converted into a Borrowing of SOFR Loans, and (iii) a Borrowing of Term XXXXX Loans or Daily Compounded XXXXX Loans before the last day of its then current Interest Period within the period required by Section 2.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be converted into a Borrowing of Canadian Prime Rate Loans. In the event Borrower fails to give notice pursuant to Section 2.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified Bank 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, Borrower shall be deemed to have requested a Borrowing of a SOFR Loan or Canadian Prime Rate Loan, as the case may be, under the Revolving Credit Commitment 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 2.6(a1.6(a) above of the continuation or conversion of any outstanding principal amount of (i) a Borrowing of Daily Simple SOFR Rate Loans prior to before the last day of its then current Interest Period Payment Date therefor within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.8(a), the Borrower shall be deemed to have selected that such Borrowing shall automatically be deemed to be continued as a Borrowing of a Daily Simple SOFR Rate Loan, (ii. 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 Eurodollar Term SOFR Rate Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.8(a), the Borrower shall be deemed to have given the notice three (3) Business Days prior to the end of the then current Interest Period and such Borrowing shall automatically be converted into continued as a Borrowing of a Term SOFR Loans, and Rate Loan with a one (iii1) a Borrowing of Term XXXXX Loans or Daily Compounded XXXXX Loans before the last day of its then current month Interest Period; provided that all Lenders are able to accommodate such one (1) month Interest Period within the period required by Section 2.6(a) and such Borrowing Term SOFR Rate Loan shall be subject to the funding indemnity set forth in Section 1.11 hereof in the event it is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be converted into a Borrowing prior to the end of Canadian Prime Rate Loansthe Interest Period. In the event the Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified Bank 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 Borrower shall be deemed to have requested a Borrowing of a SOFR Loan or Canadian Prime Base Rate Loan, as the case may be, Loans under the Revolving Credit Commitment (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 Domestic Rate Loans 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 1.6(a) hereof that it intends to convert such Borrowing into a Borrowing of RFR Loans or notifies the Administrative Agent within the period required by Section 1.9(a) hereof that it intends to prepay 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 2.6(a1.6(a) above hereof of the continuation or conversion of any outstanding principal amount of (i) a Borrowing of SOFR RFR Loans prior to denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(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 is not prepaid in accordance with Section 2.8(a)Borrowing, such Borrowing shall automatically be deemed to be continued as a SOFR LoanBorrowing of RFR Loans denominated in U.S. Dollars with an Interest Period of one month, (iisubject 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 Eurodollar Eurocurrency Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(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 is not prepaid in accordance with Section 2.8(a)Borrowing, such Borrowing shall automatically be converted into continued as a Borrowing of SOFR Loans, and (iii) a Borrowing of Term XXXXX Eurocurrency Loans or Daily Compounded XXXXX Loans before in the last day of its then current same Alternative Currency with an Interest Period within the period required by Section 2.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a)of one month, such Borrowing shall automatically be converted into a Borrowing of Canadian Prime Rate Loans. In the event Borrower fails to give notice pursuant subject to Section 2.6(a) above 6.2 hereof, including the application of a Borrowing equal to Section 1.4 hereof and of the amount of a Reimbursement Obligation and has not notified Bank 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, Borrower shall be deemed to have requested a Borrowing of a SOFR Loan or Canadian Prime Rate Loan, as the case may be, under the Revolving Credit Commitment on such day restrictions contained in the amount definition of the Reimbursement Obligation then due, which Borrowing shall be applied to pay the Reimbursement Obligation then dueInterest Period.

Xxxxxxxx’s Failure to Notify. If a Domestic Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of the continuation or conversion of any outstanding principal amount of (i) a Borrowing of Term SOFR Loans prior to the last day of its then current Interest Period within the period required by Section 2.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be deemed to be continued as a SOFR Loan, (ii) a Borrowing of Eurodollar or EURIBOR Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.9(a), such Borrowing shall automatically (i) be converted into a Borrowing of U.S. Base Rate Loans if for a Term SOFR Loans, Loan and (iiiii) continue as a EURIBOR Loan for an Interest Period of one month if for a EURIBOR Loan. If the Canadian Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Term XXXXX Loans or Daily Compounded XXXXX Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.9(a), such Borrowing shall automatically be converted into continue as a Borrowing Term XXXXX Loan for an Interest Period of Canadian Prime Rate Loansone month. In the event a Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation owed by it and has not notified Bank 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, such Borrower shall be deemed to have requested (A) in the case of a Domestic Borrower, a Borrowing of a SOFR Loan or Canadian Prime U.S. Base Rate Loan, as the case may be, Loans under the Revolving Credit Commitment (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, 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, which Borrowing shall be applied to pay the Reimbursement Obligation then due.

Xxxxxxxx’s Failure to Notify. If a Domestic Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of the continuation or conversion of any outstanding principal amount of (i) a Borrowing of LIBORTerm SOFR Loans prior to the last day of its then current Interest Period within the period required by Section 2.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be deemed to be continued as a SOFR Loan, (ii) a Borrowing of Eurodollar or EURIBOR Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.9(a), such Borrowing shall automatically (i) be converted into a Borrowing of U.S. Base Rate Loans if for a LIBORTerm SOFR Loans, Loan and (iiiii) continue as a EURIBOR Loan for an Interest Period of one month if for a EURIBOR Loan. If the Canadian Borrower fails to give notice pursuant to Section 1.6(a) above of the continuation of any outstanding principal amount of a Borrowing of Term XXXXX Loans or Daily Compounded XXXXX CAD CDOR Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.9(a), such Borrowing shall automatically be converted into continue as a Borrowing CAD CDOR Loan for an Interest Period of Canadian Prime Rate Loansone month. In the event a Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation owed by it and has not notified Bank 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, such Borrower shall be deemed to have requested (A) in the case of a Domestic Borrower, a Borrowing of a SOFR Loan or Canadian Prime U.S. Base Rate Loan, as the case may be, Loans under the Revolving Credit Commitment (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, 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. If the Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of the continuation or conversion of any outstanding principal amount of (i) a Borrowing of EurodollarDaily Simple SOFR Rate Loans prior to before the last day of its then current Interest Period Payment Date therefor within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a​ 1.8(a), the Borrower shall be deemed to have selected that such Borrowing shall automatically be deemed to be continued as a Borrowing of a Daily Simple SOFR Rate Loan, (ii. 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 Eurodollar Term SOFR Rate Loans before the last day of its then current Interest Period within the period required by Section 2.6(a1.6(a) and such Borrowing is not prepaid in accordance with Section 2.8(a1.8(a), the Borrower shall be deemed to have given the notice three (3) Business Days prior to the end of the then current Interest Period and such Borrowing shall automatically be converted into continued as a Borrowing of a EurodollarTerm SOFR Loans, and Rate Loan with a one (iii1) a Borrowing of Term XXXXX Loans or Daily Compounded XXXXX Loans before the last day of its then current month Interest Period; provided that all Lenders are able to accommodate such one (1) month Interest Period within the period required by Section 2.6(a) and such Borrowing EurodollarTerm SOFR Rate Loan shall be subject to the funding indemnity set forth in Section 1.11 hereof in the event it is not prepaid in accordance with Section 2.8(a), such Borrowing shall automatically be converted into a Borrowing prior to the end of Canadian Prime Rate Loansthe Interest Period. In the event the Borrower fails to give notice pursuant to Section 2.6(a1.6(a) above of a Borrowing equal to the amount of a Reimbursement Obligation and has not notified Bank 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 Borrower shall be deemed to have requested a Borrowing of a SOFR Loan or Canadian Prime Base Rate Loan, as the case may be, Loans under the Revolving Credit Commitment (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.