Common use of Borrower’s Failure to Notify; Automatic Continuations and Conversions; Defaults Clause in Contracts

Borrower’s Failure to Notify; Automatic Continuations and Conversions; Defaults. Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. If the Borrower fails to give proper notice of the continuation or conversion of any outstanding Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 2.04(a) or, whether or not such notice has been given, an Event of Default has occurred and is continuing and the Administrative Agent at the request of the Required Lenders notifies the Borrower such conversions shall not be permitted, and such Borrowing is not prepaid in accordance with Section 2.07(a), such Borrowing shall automatically be converted into a Borrowing of Base Rate Loans. If the Borrower fails to give proper notice of the continuation of any outstanding Borrowing of Eurocurrency Loans denominated in Euros before the last day of its then current Interest Period within the period required by Section 2.04(a) and has not notified the Administrative Agent within the period required by Section 2.07(a) that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in Euros with an Interest Period of one month.

Appears in 3 contracts

Samples: Credit Agreement (LyondellBasell Industries N.V.), Guaranty Agreement (LyondellBasell Industries N.V.), Guaranty Agreement (LyondellBasell Industries N.V.)

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Borrower’s Failure to Notify; Automatic Continuations and Conversions; Defaults. Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. If the Borrower fails to give proper notice of the continuation or conversion of any outstanding Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 2.04(a) or, whether or not such notice has been given, an Event of Default has occurred and is continuing and the Administrative Agent at the request of the Required Lenders notifies the Borrower such conversions shall not be permitted, and such Borrowing is not prepaid in accordance with Section 2.07(a), such Borrowing shall automatically be converted into a Borrowing of Base Rate Loans. If the Borrower fails to give proper notice of the continuation of any outstanding Borrowing of Eurocurrency Loans denominated in Euros before the last day of its then current Interest Period within the period required by Section 2.04(a) and has not notified the Administrative Agent within the period required by Section 2.07(a) that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in Euros with an Interest Period of one month.. 45

Appears in 1 contract

Samples: Guaranty Agreement (LyondellBasell Industries N.V.)

Borrower’s Failure to Notify; Automatic Continuations and Conversions; Defaults. Except as otherwise provided herein, a SOFR Loan or Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such SOFR Loan or Eurocurrency Loan. If the Borrower fails to give proper notice of the continuation or conversion of any outstanding Borrowing of Eurocurrency EurocurrencySOFR Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 2.04(a) or, whether or not such notice has been given, an Event of Default has occurred and is continuing and the Administrative Agent at the request of the Required Lenders notifies the Borrower such conversions shall not be permitted, and such Borrowing is not prepaid in accordance with Section 2.07(a)2.07, such Borrowing shall automatically be converted into a Borrowing of Base Rate Loans. If the Borrower fails to give proper notice of the continuation of any outstanding Borrowing of Eurocurrency Loans denominated in Euros before the last day of its then current Interest Period within the period required by Section 2.04(a) and has not notified the Administrative Agent within the period required by Section 2.07(a) 2.07 that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in Euros with an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (LyondellBasell Industries N.V.)

Borrower’s Failure to Notify; Automatic Continuations and Conversions; Defaults. (i) Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. If the Borrower fails to give proper notice of the continuation or conversion of any outstanding Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 2.04(a2.4(a) or, whether or not such notice has been given, an Event of Default has occurred and is continuing and the Administrative Agent at the request one or more of the Required Lenders notifies conditions set forth in Section 3.2 for the Borrower such conversions shall continuation or conversion of a Borrowing of Eurocurrency Loans would not be permittedsatisfied, and such Borrowing is not prepaid in accordance with Section 2.07(a2.7(a), such Borrowing shall automatically be converted into a Borrowing of Base Rate Loans. If the Borrower fails to give proper notice of the continuation of any outstanding Borrowing of Eurocurrency Loans denominated in Euros an Alternative Currency before the last day of its then current Interest Period within the period required by Section 2.04(a2.4(a) and has not notified the Administrative Agent within the period required by Section 2.07(a2.7(a) that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in Euros the same Alternative Currency with an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (Cleveland Cliffs Inc)

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Borrower’s Failure to Notify; Automatic Continuations and Conversions; Defaults. (i) Except as otherwise provided herein, a Eurocurrency Loan may be continued or converted only on the last day of an Interest Period for such Eurocurrency Loan. If the Borrower Company fails to give proper notice of the continuation or conversion of any outstanding Borrowing of Eurocurrency Loans denominated in U.S. Dollars before the last day of its then current Interest Period within the period required by Section 2.04(a) or, whether or not such notice has been given, an Event of Default has occurred and is continuing and the Administrative Agent at the request one or more of the Required Lenders notifies conditions set forth in Section 3.02 for the Borrower such conversions shall continuation or conversion of a Borrowing of Eurocurrency Loans would not be permittedsatisfied, and such Borrowing is not prepaid in accordance with Section 2.07(a), such Borrowing shall automatically be converted into a Borrowing of Base Rate Loans. If the Borrower Company fails to give proper notice of the continuation of any outstanding Borrowing of Eurocurrency Loans denominated in Euros an Alternative Currency before the last day of its then current Interest Period within the period required by Section 2.04(a) and has not notified the Administrative Agent within the period required by Section 2.07(a) that it intends to prepay such Borrowing, such Borrowing shall automatically be continued as a Borrowing of Eurocurrency Loans in Euros the same Alternative Currency with an Interest Period of one month.

Appears in 1 contract

Samples: Assignment and Assumption (Cliffs Natural Resources Inc.)

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