Common use of Additional Alternative Currencies Clause in Contracts

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such request will be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C Issuer. Any such request will be made to Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consented, in their sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, in such requested currency. Any failure by Administrative Agent to respond to such request within the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.

Appears in 4 contracts

Samples: Credit Agreement (Ch2m Hill Companies LTD), Ch2m Constructors (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)

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Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsU.S. dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Applicable Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.12:00 p.m. (Standard Time), ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, Letter of Credit (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Applicable Issuing Bank, in its or their sole discretion). The Administrative Agent shall promptly notify the Applicable Issuing Bank thereof. The Applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.12:00 p.m. (Standard Time), five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent the Applicable Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Issuing Bank to issue the Lenders requested Letters of Credit in such requested currency at that time. If the Administrative Agent and the Applicable Issuing Bank consent to permit such Loan to be made or such the issuance of Letters of Credit to be issued in such requested currency. If , the Lenders consent to Administrative Agent shall so notify the making of Borrowers and such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.05, the Administrative Agent shall promptly so notify the Borrowers.

Appears in 4 contracts

Samples: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency currency, other than those specifically listed in the definition of “Dollars and any existing Alternative Currency, that the L/C Issuer is not currently making available for Letters of Credit to the Borrower; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each For any such request will with respect to the issuance of Letters of Credit, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. (b) Any such new Alternative Currency request will for Letters of Credit shall be made to the Administrative Agent not later than 11:00 a.m.2:00 p.m., ten (10) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired L/C Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will notify and the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedL/C Issuer, in their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative Agent, not later than 2:00 p.m., on the second Business Day immediately preceding the requested date of the desired L/C Credit Extension whether it consents, in its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrower. 1.07

Appears in 4 contracts

Samples: Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp), Credit Agreement (Tutor Perini Corp)

Additional Alternative Currencies. The Borrowers Administrative Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.12:00 p.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in their sole discretion). The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.12:00 p.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Administrative Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.07, the Administrative Agent shall promptly so notify the Administrative Borrower.

Appears in 4 contracts

Samples: Credit Agreement (Potlatch Corp), Credit Agreement (Potlatchdeltic Corp), Credit Agreement (Potlatch Corp)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Eurodollar Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurodollar Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurodollar Rate Loans, the Administrative Agent will shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurodollar Rate Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurodollar Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Eurodollar Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurodollar Rate Loans in such requested currency, the Administrative Agent shall so notify the Company and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Eurodollar Rate Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Company and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Company. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of “Alternative Currency” shall be deemed an Alternative Currency with respect to such Existing Letter of Credit only.

Appears in 3 contracts

Samples: Credit Agreement (Greif Inc), Credit Agreement (Greif Inc), Credit Agreement (Greif Inc)

Additional Alternative Currencies. The Borrowers Administrative Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in their sole discretion). The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Administrative Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.07, the Administrative Agent shall promptly so notify the Administrative Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Potlatch Corp), Credit Agreement (Potlatch Corp), Credit Agreement (Potlatch Corp)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsU.S. dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Applicable Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.12:00 p.m. (Standard Time), ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, Letter of Credit (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Applicable Issuing Bank, in its or their sole discretion). The Administrative Agent shall promptly notify the Applicable Issuing Bank thereof. The Applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.12:00 p.m. (Standard Time), five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent the Applicable Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Issuing Bank to issue the Lenders requested Letters of Credit in such requested currency at that time. If the Administrative Agent and the Applicable Issuing Bank consent to permit such Loan to be made or such the issuance of Letters of Credit to be issued in such requested currency. If , the Lenders consent to Administrative Agent shall so notify the making of Borrower and such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrower.

Appears in 3 contracts

Samples: Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc), Credit Agreement (Oil States International, Inc)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Revolving Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lendersthe Administrative Agent; providedand, howeverin the case of any such request with respect to Revolving Loans, each Revolving Lender; and, in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall also be subject only to the prior approval of the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Borrowing or issuance of a Letter of Credit (or such other time or date as may be reasonably agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe applicable Issuing Bank, in its or their sole discretion). In the case of any such request pertaining to Revolving Loans, the Administrative Agent will shall promptly notify each Revolving Lender of the interest rate applicable to such Eligible Currency and the minimum denominations applicable to partial prepayments (or assignments); and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable Issuing Banks thereof. Each Revolving Lender (in the case of a request pertaining to Revolving Loans) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Revolving Loans in such requested currency. Any failure by Administrative Agent Revolving Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Revolving Lender to permit such Loan Revolving Loans to be made or issued in such requested currency. The applicable Issuing Bank (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten (10) Business Days after receipt of such request whether it consents, in its sole discretion, to the issuance of Letters of Credit, as the case may be, in such requested currency. Any failure by an Issuing Bank to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Issuing Bank to permit Letters of Credit to be issued in such requested currency. If the Lenders consent Administrative Agent (and, in the case of any request with respect to the Revolving Loans, each Revolving Lender) consents to making of such Loan or the issuance of such Credit, as applicable, Revolving Loans in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the Borrower may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowing of Revolving Loans; and if the applicable Issuing Bank also consents to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.12, the Administrative Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: Agreement (EverCommerce Inc.), Credit Agreement (EverCommerce Inc.)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. (c) Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (First Advantage Corp), Credit Agreement (First Advantage Corp)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any (b)Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any (c)Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: First Lien Credit Agreement (First Advantage Corp), First Lien Credit Agreement (First Advantage Corp)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans Eurocurrency Rate Advances be made and Credits be issued in a currency other than those specifically listed in the definition of “Alternative Committed Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Advances, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAgent and all of the Lenders. Any such request will shall be made to Administrative the Agent not later than 11:00 a.m., ten 12:00 P.M. (New York City time) 20 Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditdesired Advance (or such other time or date as may be agreed by the Agent in its sole discretion). In the case of any such request pertaining to Eurocurrency Rate Advances, as applicablethe Agent shall promptly notify each Lender thereof. Administrative Agent will Each Lender (in the case of any such request pertaining to Eurocurrency Rate Advances) shall notify the Administrative BorrowerAgent, not later than 9:00 a.m., five 12:00 P.M. (New York City time) 10 Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Eurocurrency Rate Advances in such requested currency. Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan Eurocurrency Rate Advances to be made or such Credit to be issued in such requested currency. If the Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurocurrency Rate Advances in such requested currency, the Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be a Committed Currency hereunder. If the Agent shall fail to obtain consent to any request for an Alternative Currency hereunder for purposes of such Loan or Creditadditional currency under this Section 1.05, the Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: Assignment and Assumption (SNAP-ON Inc), Assignment and Assumption (SNAP-ON Inc)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits U.S. Letters of Credit be issued in a currency other than those specifically listed in the definition of Dollars, Euros or any other any other currency previously approved under this Section 1.07 from time to time as an “Alternative Currency”; provided provided, that such requested currency is a (a) lawful currency (other than Dollars) that is readily available and freely transferable transferrable and convertible into Dollars. Each such request will be subject to Dollars and (b) approved by the prior approval of all Lenders; provided, however, to Administrative Agent and the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerIssuing Bank. Any such request will shall be made to the Administrative Agent not later than ten (10) Business Days (or such other time period agreed by the Administrative Agent and the Issuing Bank in their sole discretion) prior to the date of the desired issuance of a Letter of Credit in such currency, and the Administrative Agent shall promptly notify the Issuing Bank thereof. The Issuing Bank shall notify the Administrative Agent, not later than 11:00 a.m., ten five (5) Business Days prior to (or such other period of time as may be agreed by the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify and the Administrative Borrower, not later than 9:00 a.m., five Business Days Issuing Bank in their sole discretion) after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, U.S. Letters of Credit in such requested currency. Any failure by Administrative Agent to so respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders Issuing Bank to permit such Loan to be made or such issue U.S. Letters of Credit to be issued in such the requested currency. If such alternative currency is approved by the Lenders consent to Administrative Agent and the making of Issuing Bank, the Administrative Agent shall so notify the Borrowers and such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or the issuance of U.S. Letters of Credit.

Appears in 2 contracts

Samples: Credit Agreement (Nexeo Solutions Finance Corp), Credit Agreement (Nexeo Solutions Holdings, LLC)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans Eurocurrency Rate Advances be made and Credits be issued in a currency other than those specifically listed in the definition of “Alternative Committed Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Advances, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAgent and the Lenders. Any such request will shall be made to Administrative the Agent not later than 11:00 a.m., ten A.M. (New York City time) 20 Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditdesired Advance (or such other time or date as may be agreed by the Agent in its sole discretion). In the case of any such request pertaining to Eurocurrency Rate Advances, as applicablethe Agent shall promptly notify each Lender thereof. Administrative Agent will Each Lender (in the case of any such request pertaining to Eurocurrency Rate Advances) shall notify the Administrative BorrowerAgent, not later than 9:00 a.m., five 11:00 A.M. (New York City time) 10 Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Eurocurrency Rate Advances in such requested currency. Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan Eurocurrency Rate Advances to be made or such Credit to be issued in such requested currency. If the Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurocurrency Rate Advances in such requested currency, the Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be a Committed Currency hereunder. If the Agent shall fail to obtain consent to any request for an Alternative Currency hereunder for purposes of such Loan or Creditadditional currency under this Section 1.04, the Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: Five Year Credit Agreement (Snap on Inc), Five Year Credit Agreement (Snap on Inc)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Revolving Loans be made and Credits be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Lenders. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten a.m. seven (7) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will in its sole discretion). The Administrative Agent shall promptly notify each Lender thereof. Each Lender shall notify the Administrative Borrower, Agent not later than 9:00 a.m., five 11:00 a.m. two (2) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Revolving Loans in such requested currency. Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan Revolving Loans to be made or such Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Revolving Loans in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder hereunder. If the Administrative Agent shall fail to obtain consent to any request for purposes of such Loan or Creditan additional currency under this Section 1.09, the Administrative Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Ict Group Inc), Credit Agreement (Ict Group Inc)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the applicable Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the applicable Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Endeavor Group Holdings, Inc.), Credit Agreement (Endeavor Group Holdings, Inc.)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in their sole discretion). The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.07, the Administrative Agent shall promptly so notify the Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Potlatch Corp), Credit Agreement (Navigant International Inc)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsU.S. dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Applicable Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.12:00 p.m. (Standard Time), ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, Letter of Credit (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Applicable Issuing Bank, in its or their sole discretion). The Administrative Agent shall promptly notify the Applicable Issuing Bank thereof. The Applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.12:00 p.m. (Standard Time), five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent the Applicable Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Issuing Bank to issue the Lenders requested Letters of Credit in such requested currency at that time. If the Administrative Agent and the Applicable Issuing Bank consent to permit such Loan to be made or such the issuance of Letters of Credit to be issued in such requested currency. If , the Lenders consent to Administrative Agent shall so notify the making of Borrowers and such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.05, the Administrative Agent shall promptly so notify the Borrowers. SECTION 1.06

Appears in 2 contracts

Samples: Syndicated Facility Agreement (Civeo Corp), Syndicated Facility Agreement (Civeo Corp)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each Dollars and such request will be subject to is approved by the prior approval of all Lenders; provided, however, to Administrative Agent and the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., 20 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the L/C Issuer in their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Borrower. 1.09

Appears in 2 contracts

Samples: Credit Agreement (Helen of Troy LTD), Credit Agreement (Helen of Troy LTD)

Additional Alternative Currencies. The Borrowers Company may from time to time request that Eurodollar Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurodollar Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. 42 Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurodollar Rate Loans, the Administrative Agent will shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurodollar Rate Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurodollar Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Eurodollar Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurodollar Rate Loans in such requested currency, the Administrative Agent shall so notify the Company and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Eurodollar Rate Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Company and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Company.

Appears in 2 contracts

Samples: Credit Agreement (Greif Inc), Credit Agreement (Greif, Inc)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Revolving Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Agreed Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to Revolving Borrowings, such request shall be subject to the prior approval of all Lendersthe Administrative Agent and each Revolving Lender; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten 20 Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Revolving Loan or Letter of Credit issuance date (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe applicable Issuing Bank, in its or their sole discretion). In the case of any such request pertaining to Revolving Borrowings, the Administrative Agent will shall promptly notify each Revolving Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable Issuing Bank thereof. Each Lender (in the case of any such request pertaining to Revolving Borrowings) or the applicable Issuing Bank (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five 5 Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Revolving Borrowing or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent to respond to such request within the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.

Appears in 1 contract

Samples: Credit Agreement (Tapestry, Inc.)

Additional Alternative Currencies. The Borrowers Administrative Borrower may from time to time after the Closing Date request that Eurodollar Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurodollar Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Revolving Credit Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C IssuerIssuers. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten (10) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe L/C Issuers, in its or their sole discretion). In the case of any such request pertaining to Revolving Credit Loans, the Administrative Agent will shall promptly notify each Revolving Credit Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify each L/C Issuer thereof. Each Revolving Credit Lender (in the case of any such request pertaining to Revolving Credit Loans) or each L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five (5) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Revolving Credit Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Revolving Credit Lender or a L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Revolving Credit Lender or such L/C Issuer, as the Lenders case may be, to permit such Loan Revolving Credit Loans to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and all the Revolving Credit Lender consent to the making of such Loan or the issuance of such Credit, as applicable, Revolving Credit Loans in such requested currency, the Administrative Agent shall so notify the Administrative Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Revolving Credit Loans; and if the Administrative Agent and all the L/C Issuers consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Administrative Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Administrative Borrower.

Appears in 1 contract

Samples: Credit Agreement (Alexion Pharmaceuticals Inc)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Eurocurrency Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each In the case of any such request will with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the prior approval of all Lendersthe Administrative Agent and each Lender with a commitment under which such currency is requested to be made available; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the Administrative Agent and the applicable L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe Issuers, in its or their sole discretion). In the case of any such request pertaining to Eurocurrency Rate Loans, the Administrative Agent will shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the Issuers thereof. Each Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or the Issuers (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurocurrency Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent to respond to such request within the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.- 105 -

Appears in 1 contract

Samples: Credit Agreement (Signet Jewelers LTD)

Additional Alternative Currencies. The Borrowers Parent Borrower may from time to time request that Revolving Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lendersthe Administrative Agent; providedand, howeverin the case of any such request with respect to Revolving Loans, each Revolving Lender; and, in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall also be subject only to the prior approval of the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Borrowing or issuance of a Letter of Credit (or such other time or date as may be reasonably agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe applicable Issuing Bank, in its or their sole discretion). In the case of any such request pertaining to Revolving Loans, the Administrative Agent will shall promptly notify each Revolving Lender of the interest rate applicable to such Eligible Currency and the minimum denominations applicable to partial prepayments (or assignments); and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable Issuing Banks thereof. Each Revolving Lender (in the case of a request pertaining to Revolving Loans) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Revolving Loans in such requested currency. Any failure by Administrative Agent Revolving Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Revolving Lender to permit such Loan Revolving Loans to be made or issued in such requested currency. The applicable Issuing Bank (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten (10) Business Days after receipt of such request whether it consents, in its sole discretion, to the issuance of Letters of Credit, as the case may be, in such requested currency. Any failure by an Issuing Bank to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Issuing Bank to permit Letters of Credit to be issued in such requested currency. If the Lenders consent Administrative Agent (and, in the case of any request with respect to the Revolving Loans, each Revolving Lender) consents to making of such Loan or the issuance of such Credit, as applicable, Revolving Loans in such requested currency, the Administrative Agent shall so notify the Parent Borrower and (A) the Administrative Agent and the Parent Borrower may amend the definition of Benchmark for any currency for which there is no published Benchmark with respect thereto to the extent necessary to add the applicable Benchmark for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of Term SOFR reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowing of Revolving Loans; and if the applicable Issuing Bank also consents to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Parent Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.12, the Administrative Agent shall promptly so notify the Parent Borrower.

Appears in 1 contract

Samples: Credit Agreement (SMART Global Holdings, Inc.)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Eurocurrency Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the Administrative Agent and the applicable L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., 20 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, the applicable L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurocurrency Rate Loans, the Administrative Agent shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuers thereof. Each Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or the L/C Issuers (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurocurrency Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. (c) Any failure by Administrative Agent a Lender or an L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or such L/C Issuer, as the Lenders case may be, to permit such Loan Eurocurrency Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.Administrative Agent 33

Appears in 1 contract

Samples: Revolving Credit Agreement (Tech Data Corp)

Additional Alternative Currencies. The Foreign Borrowers may from time to time request that Loans Credit Extensions be made and Credits be issued to the Foreign Borrowers in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Revolving Loans, such request shall be subject to the prior approval of all Lendersthe Administrative Agent and the Lenders holding Foreign Revolving Commitments; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent (which shall promptly notify each Lender thereof) not later than 11:00 a.m., ten 12:00 noon five (5) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicabledesired Credit Extension. Administrative Agent will Each such Lender shall notify the Administrative BorrowerAgent, not later than 9:00 a.m., five 12:00 noon four (4) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Credit Extensions in such requested currency. Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan to be made or such make Credit to be issued Extensions in such requested currency. If all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Revolving Loans in such requested currency, the Administrative Agent shall so notify the Foreign Borrowers and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes of Revolving Loans to be an Alternative Currency hereunder hereunder; and if the Administrative Agent and the L/C Issuer consent to issuing Letters of Credit in such requested currency, the Administrative Agent shall so notify the Foreign Borrowers and such currency shall thereupon be deemed for purposes of such Loan or CreditLetters of Credit to be an Alternative Currency hereunder.

Appears in 1 contract

Samples: Credit Agreement (INFONXX, Inc.)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Revolving Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars or Euros; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lendersthe Administrative Agent; providedand, howeverin the case of any such request with respect to Revolving Loans, each Revolving Lender; and, in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall also be subject only to the prior approval of the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Borrowing or issuance of a Letter of Credit (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe applicable Issuing Bank, in its or their sole discretion). In the case of any such request pertaining to Revolving Loans, the Administrative Agent will shall promptly notify each Revolving Lender of the interest rate applicable to such Eligible Currency and the minimum denominations applicable to partial prepayments (or assignments); and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable Issuing Banks thereof. Each Revolving Lender (in the case of a request pertaining to Revolving Loans) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Revolving Loans in such requested currency. Any failure by Administrative Agent Revolving Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Revolving Lender to permit such Loan Revolving Loans to be made or issued in such requested currency. The applicable Issuing Bank (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten (10) Business Days after receipt of such request whether it consents, in its sole discretion, to the issuance of Letters of Credit, as the case may be, in such requested currency. Any failure by an Issuing Bank to respond to such request within the time period specified in the preceding sentence shall be deemed to be a refusal by such Issuing Bank to permit Letters of Credit to be issued in such requested currency. If the Lenders consent Administrative Agent (and, in the case of any request with respect to the Revolving Loans, each Revolving Lender) consents to making of such Loan or the issuance of such Credit, as applicable, Revolving Loans in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the Borrower may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowing of Revolving Loans; and if the applicable Issuing Bank also consents to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.12, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (N-Able, Inc.)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of "Alternative Currency”; ;" provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request, such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., 20 Business Days prior to the date of the desired L/C Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the L/C Issuer, in their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer of any such request. The L/C Issuer shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower Agent and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.09, the Administrative Agent shall promptly so notify the Borrower Agent. 1.10

Appears in 1 contract

Samples: Credit Agreement (Mueller Water Products, Inc.)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits U.S. Letters of Credit or FILO Facility Letters of Credit, as applicable, be issued in a currency other than those specifically listed in the definition of Dollars, Euros or any other any other currency previously approved under this Section 1.07 from time to time as an “Alternative Currency”; provided that such requested currency is a (a) lawful currency (other than Dollars) that is readily available and freely transferable transferrable and convertible into Dollars. Each such request will be subject to Dollars and (b) approved by the prior approval of all Lenders; provided, however, to Agent and the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerApplicable Issuing Bank. Any such request will shall be made to Administrative the Agent not later than ten (10) Business Days (or such other time period agreed by the Agent and the Applicable Issuing Bank in their sole discretion) prior to the date of the desired issuance of a Letter of Credit in such currency, and the Agent shall promptly notify the Applicable Issuing Bank thereof. The Applicable Issuing Bank shall notify the Agent, not later than 11:00 a.m., ten five (5) Business Days prior to (or such other period of time as may be agreed by the desired date for making Agent and the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days Applicable Issuing Bank in their sole discretion) after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested U.S. Letters of Credit or FILO Facility Letters of Credit, as applicable, in such requested currency. Any failure by Administrative Agent to so respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders Applicable Issuing Bank to permit such Loan to be made issue U.S. Letters of Credit or such Credit to be issued in such requested currency. If the Lenders consent to the making FILO Facility Letters of such Loan or the issuance of such Credit, as applicable, in the requested currency. If such requested alternative currency (an “Additional Alternative Currency”)is approved by the Agent and the Issuing Bank, the Agent shall so notify the Borrowers and such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or the issuance of U.S. Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Nexeo Solutions, Inc.)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than U.S. Dollars) that is readily available and freely transferable and convertible into U.S. Dollars. Each such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired L/C Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in their sole discretion), and the Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder hereunder. If the Administrative Agent shall fail to obtain L/C Issuer’s consent to any request for purposes of such Loan or Creditan additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Erickson Air-Crane Inc)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in its or their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Borrower. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of "Alternative Currency" shall be deemed an Alternative Currency with respect to such Loan or Credit.Existing Letter of Credit only. 1.09

Appears in 1 contract

Samples: Credit Agreement (Helen of Troy LTD)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Eurodollar Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurodollar Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent issuance of Letters of Credit, such request relates solely shall be subject to the approval of the Administrative Agent and the L/C Issuer. (b) Any such request shall be made to the Administrative Agent not later than 11:00 a.m., 20 Business Days prior to the date of the desired Extension of Credit (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, subject only to the prior approval of the applicable L/C Issuer, in its or their sole discretion). Any In the case of any such request will be made pertaining to Eurodollar Loans, the Administrative Agent shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurodollar Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurodollar Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. (c) Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Eurodollar Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurodollar Loans in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Eurodollar Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Credit.requested currency, the Administrative Agent shall so notify the Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrower. 43

Appears in 1 contract

Samples: Credit Agreement (Griffin-American Healthcare REIT III, Inc.)

Additional Alternative Currencies. The Borrowers Administrative Borrower may from time to time after the Closing Date request that Eurodollar Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurodollar Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Revolving Credit Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten (10) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Revolving Credit Loans, the Administrative Agent will shall promptly notify each Revolving Credit Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Revolving Credit Lender (in the case of any such request pertaining to Revolving Credit Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five (5) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Revolving Credit Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Revolving Credit Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Revolving Credit Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Revolving Credit Loans to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and all the Revolving Credit Lender consent to the making of such Loan or the issuance of such Credit, as applicable, Revolving Credit Loans in such requested currency, the Administrative Agent shall so notify the Administrative Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Revolving Credit Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Administrative Borrower and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Administrative Borrower.

Appears in 1 contract

Samples: Credit Agreement (Alexion Pharmaceuticals Inc)

Additional Alternative Currencies. The Borrowers Prologis may, upon at least 15 Business Days’ (or such lesser number of days as may from time be agreed to time by Administrative Agent) prior written notice to Administrative Agent (which shall promptly notify the Lenders), request that Loans an additional currency be made and Credits be issued in a currency other than those specifically listed in the definition of added as an “Alternative Currency”; provided that such the requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsEuros. Each such request will be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C Issuer. Any such request will be made to Lender shall notify Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative BorrowerAgent, not later than 9:00 a.m., five seven Business Days after receipt of such request request, whether the Lenders have consentedit consents, in their its sole discretion, to the making addition of the requested Loan or the issuance of the requested Credit, such currency as applicable, in such requested currency. Any an “Alternative Currency” (and any failure by a Lender to respond within such time period shall be deemed not to have consented to such request). If Administrative Agent to respond to such request within the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the and all Lenders consent to the making addition of a currency as an “Alternative Currency” (any such Loan or the issuance of such Creditcurrency, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon then (a) Administrative Agent shall so notify Prologis and all Lenders and (b) this Agreement shall be deemed for all purposes amended to be an Alternative Currency permit Loans hereunder for purposes of in such Loan currency. If Administrative Agent or Creditany Lender shall fail to consent to any such request, Administrative Agent shall promptly so notify Prologis.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Prologis, L.P.)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the Borrower. ARTICLE II

Appears in 1 contract

Samples: Execution Version Credit Agreement (Cornerstone OnDemand Inc)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any (b)Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. currency.(c) Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the applicable Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Endeavor Group Holdings, Inc.)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Alternative Currency Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in clause (i) of the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Alternative Currency Loans, such request shall be subject to the prior approval of all Lendersthe Administrative Agent and each Lender; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the Administrative Agent and the applicable L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., 15 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, the applicable L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Alternative Currency Loans, the Administrative Agent shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify each L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurocurrency RateTerm SOFR Loans) or each L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Alternative Currency Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. (c) Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Alternative Currency Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to making Alternative Currency Loans in such requested currency and the making Administrative Agent and such Lenders reasonably determine that an appropriate interest rate is available to be used for such requested currency, the Administrative Agent shall so notify the Company and (i) the Administrative Agent and such Lenders (with the consent of the Company) may amend the definition of Alternative Currency Daily Rate or Alternative Currency Term Rate to the extent necessary to add the applicable rate for such Loan currency and any applicable adjustment for such rate and (ii) to the extent the definition of Alternative Currency Daily Rate or the issuance of such CreditAlternative Currency Term Rate, as applicable, in has been amended to reflect the appropriate rate for such requested currency (an “Additional Alternative Currency”)currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Alternative Currency Loans. If the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Credit.requested currency, the Administrative Agent shall so notify the Company and (iii) the Administrative Agent and 50

Appears in 1 contract

Samples: Credit Agreement (Warner Bros. Discovery, Inc.)

Additional Alternative Currencies. The Borrowers Prologis may, upon at least 15 Business Days’ (or such lesser number of days as may from time be agreed to time by Administrative Agent) prior written notice to Administrative Agent (which shall promptly notify the applicable Lenders), request that Loans an additional currency be made and Credits be issued in a currency other than those specifically listed in the definition of added as an “Alternative Currency” under a Tranche; provided that such the requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsEuros. Each such request will be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of Lender under the applicable L/C Issuer. Any such request will be made to Tranche shall notify Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative BorrowerAgent, not later than 9:00 a.m., five seven Business Days after receipt of such request request, whether the Lenders have consentedit consents, in their its sole discretion, to the making addition of the requested Loan or the issuance of the requested Credit, such currency as applicable, in an “Alternative Currency” under such requested currency. Any Tranche (and any failure by a Lender to respond within such time period shall be deemed not to have consented to such request). If Administrative Agent to respond to such request within and all Lenders under the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders applicable Tranche consent to the making addition of a currency as an “Alternative Currency” under such Loan or the issuance of Tranche (any such Creditcurrency, as applicable, in such requested currency (an “Additional Alternative Currency”), then (a) Administrative Agent shall so notify Prologis and all Lenders under such Additional Alternative Currency will thereupon Tranche and (b) this Agreement shall be deemed for all purposes amended to be an Alternative Currency hereunder for purposes of permit Loans under the applicable Tranche in such Loan currency. If Administrative Agent or Creditany Lender shall fail to consent to any such request, Administrative Agent shall promptly so notify Prologis.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Prologis, L.P.)

Additional Alternative Currencies. The Borrowers Prologis may, upon at least 15 Business Days’ (or such lesser number of days as may from time be agreed to time by Administrative Agent) prior written notice to Administrative Agent (which shall promptly notify the applicable Lenders), request that Loans an additional currency be made and Credits be issued in a currency other than those specifically listed in the definition of added as an “Alternative Currency” under a Tranche; provided that such the requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such request will be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of Lender under the applicable L/C Issuer. Any such request will be made to Tranche shall notify Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative BorrowerAgent, not later than 9:00 a.m., five seven Business Days after receipt of such request request, whether the Lenders have consentedit consents, in their its sole discretion, to the making addition of the requested Loan or the issuance of the requested Credit, such currency as applicable, in an “Alternative Currency” under such requested currency. Any Tranche (and any failure by a Lender to respond within such time period shall be deemed not to have consented to such request). If Administrative Agent to respond to such request within and all Lenders under the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders applicable Tranche consent to the making addition of a currency as an “Alternative Currency” under such Loan or the issuance of Tranche (any such Creditcurrency, as applicable, in such requested currency (an “Additional Alternative Currency”), then (a) Administrative Agent shall so notify Prologis and all Lenders under such Additional Alternative Currency will thereupon Tranche and (b) this Agreement shall be deemed for all purposes amended to be an Alternative Currency hereunder for purposes of permit Loans under the applicable Tranche in such Loan currency. If Administrative Agent or Creditany Lender shall fail to consent to any such request, Administrative Agent shall promptly so notify Prologis.

Appears in 1 contract

Samples: Senior Term Loan Agreement (Prologis, L.P.)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits U.S. Letters of Credit or Tranche A Incremental Foreign Facility Letters of Credit, as applicable, be issued in a currency other than those specifically listed in the definition of Dollars, Euros or any other any other currency previously approved under this Section 1.07 from time to time as an “Alternative Currency”; provided provided, that such requested currency is a (a) lawful currency (other than Dollars) that is readily available and freely transferable transferrable and convertible into Dollars. Each such request will be subject to Dollars and (b) approved by the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of Agent and the applicable L/C IssuerIssuing Bank. Any such request will shall be made to Administrative the Agent not later than ten (10) Business Days (or such other time period agreed by the Agent and the applicable Issuing Bank in their sole discretion) prior to the date of the desired issuance of a Letter of Credit in such currency, and the Agent shall promptly notify the applicable Issuing Bank thereof. The applicable Issuing Bank shall notify the Agent, not later than 11:00 a.m., ten five (5) Business Days prior to (or such other period of time as may be agreed by the desired date for making Agent and the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days applicable Issuing Bank in their sole discretion) after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested U.S. Letters of Credit or Tranche A Incremental Foreign Facility Letters of Credit, as applicable, in such requested currency. Any failure by Administrative Agent to so respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders applicable Issuing Bank to permit such Loan to be made issue U.S. Letters of Credit or such Credit to be issued in such requested currency. If the Lenders consent to the making Tranche A Incremental Foreign Facility Letters of such Loan or the issuance of such Credit, as applicable, in the requested currency. If such requested alternative currency (an “Additional Alternative Currency”)is approved by the Agent and the Issuing Bank, the Agent shall so notify the Borrowers and such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or the issuance of U.S. Letters of Credit.

Appears in 1 contract

Samples: Credit Agreement (Nexeo Solutions Holdings, LLC)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsU.S. dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Applicable Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.12:00 p.m. (Standard Time), ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, Letter of Credit (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Applicable Issuing Bank, in its or their sole discretion). The Administrative Agent shall promptly notify the Applicable Issuing Bank thereof. The Applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.12:00 p.m. (Standard Time), five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent the Applicable Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Issuing Bank to issue the Lenders requested Letters of Credit in such requested currency at that time. If the Administrative Agent and the Applicable Issuing Bank consent to permit such Loan to be made or such the issuance of Letters of Credit to be issued in such requested currency. If , the Lenders consent to Administrative Agent shall so notify the making of Borrowers and such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrowers.

Appears in 1 contract

Samples: Security Agreement (Oil States International, Inc)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency currency, other than those specifically listed in Dollars, that any L/C Issuer is not currently making available for Letters of Credit to the definition of “Alternative Currency”Borrowers; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each For any such request will with respect to the issuance of Letters of Credit, such request shall be subject to the prior approval of all Lenders; provided, however, the Administrative Agent and the applicable L/C Issuer(s). 45 90295627_3 Any such Alternative Currency request for Letters of Credit shall be made to the extent such request relates solely to Letters of CreditAdministrative Agent not later than 10:00 a.m., subject only one (1) Business Day prior to the prior approval date of the desired L/C Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the applicable L/C Issuer. Any such request will be made to Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consented, in their sole discretion). The Administrative Agent shall promptly notify the applicable L/C Issuer thereof. The applicable L/C Issuer shall notify the Administrative Agent, not later than 10:00 a.m., on the requested date of the desired L/C Credit Extension whether it consents, in its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the applicable L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such applicable L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrowers and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrowers.

Appears in 1 contract

Samples: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

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Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each ; provided that, such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.a.m. (New York time), ten 20 Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Issuing Bank in their sole discretion). The Administrative Agent shall promptly notify the Issuing Bank thereof. The Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.11:00 a.m. (New York time), five ten Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrower. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of “Alternative Currency” shall be deemed an Alternative Currency with respect to such Loan or CreditExisting Letter of Credit only.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group Inc)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. .Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (a) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.12, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Collateral Agreement (Pathfinder Acquisition Corp)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in its or their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five Business Days after receipt of such request whether (or such other time or date as may be agreed by the Lenders have consentedAdministrative Agent and the L/C Issuer, in its or their sole discretion) whether it consents, in its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Company and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain

Appears in 1 contract

Samples: Credit Agreement (Granite Construction Inc)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Alternative Currency Loans and/or Foreign Swing Line Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency” or, in the case of Foreign Swing Line Loans, listed in Section 2.04(a); provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each In the case of any such request will with respect to the making of Alternative Currency Loans, such request shall be subject to the prior approval of all Lendersthe Administrative Agent and each Lender with a Commitment under which such currency is requested to be made available; providedand in the case of any such request with respect to the issuance of Letters of Credit, howeversuch request shall be subject to the written approval of the Administrative Agent and the applicable L/C Issuer that will be issuing Letters of Credit in such currency. (b) Any such request shall be made to the Administrative Agent by the Company (i) in the case of any such request pertaining to Alternative Currency Loans, to the extent Administrative Agent, (ii) in the case of any such request relates solely pertaining to Foreign Swing Line Loans, to the Administrative Agent and the Swing Line Lender and (iii) in the case of any such request pertaining to Letters of Credit, subject only to the Administrative Agent and each L/C Issuer, in each case not later than 11:00 a.m., twenty (20) Business Days prior approval to the date of the desired Credit Extension (or such other time or earlier date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, the applicable L/C Issuer. Any Issuer or in the case of any such request will be made pertaining to Foreign Swing Line Loans, the Swing Line Lender, in each case, in its or their sole discretion). In the case of any such request pertaining to Alternative Currency Loans or Foreign Swing Line Loans, the Administrative Agent shall promptly notify each Appropriate Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuers thereof. Each Appropriate Lender (in the case of any such request pertaining to Alternative Currency Loans), the Swing Line Lender and each Appropriate Lender (in the case of any such request pertaining to Foreign Swing Line Loans) or the L/C Issuers (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Alternative Currency Loans or Foreign Swing Line Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. With respect to Letters of Credit, only those L/C Issuers that specifically approve any such requested currency shall be obligated to provide Letters of Credit in such currency. (c) Any failure by Administrative Agent a Lender, the Swing Line Lender or any L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender, the Lenders Swing Line Lender or such L/C Issuer, as the case may be, to permit such Loan Alternative Currency Loans or Foreign Swing Line Loans to be made or such Letters of Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.requested

Appears in 1 contract

Samples: Credit Agreement (COMMERCIAL METALS Co)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans one or more additional currencies be made and Credits be issued in a currency other than those specifically listed in approved as Alternative Currencies under the definition of “Alternative Currency”; herein, provided that each such requested currency is shall be a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; providedAdministrative Agent, however, to Lenders and the extent such request relates solely to Letters Letter of Credit, subject only to the prior approval of the applicable L/C Credit Issuer. Any such request will shall be made to Administrative Agent not later than 11:00 a.m., ten fifteen (15) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Borrowing (or such other time or date as may be agreed by Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe Letter of Credit Issuer, in its or their sole discretion). Administrative Agent will shall promptly notify each Lender and the Letter of Credit Issuer thereof. Each Lender and the Letter of Credit Issuer shall notify Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making designation of the requested Loan or the issuance of the requested Credit, as applicable, in such requested currencycurrency as an Alternative Currency hereunder. Any failure by Administrative Agent a Lender or the Letter of Credit Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan Lender or the issuance Letter of such CreditCredit Issuer, as applicablethe case may be, in to designate such requested currency (as an “Additional Alternative Currency”). If Administrative Agent, all Lenders and the Letter of Credit Issuer provide consent, Administrative Agent shall so notify Borrowers and such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes all purposes. If Administrative Agent shall fail to obtain consent to any request for an additional currency, Administrative Agent shall promptly so notify Borrowers. Any amendments required at the time an additional Alternative Currency is approved, to amend the definitions related to interest rates, or the processes for borrowing and repayment (or otherwise) shall be made, with the approval of such Loan or CreditAdministrative Agent, all Lenders, Letter of Credit Issuer and Borrowers, pursuant to Section 13.01.

Appears in 1 contract

Samples: Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each ; provided further that such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.a.m. (New York time), ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired LC Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the applicable Issuing Bank in their sole discretion). The Administrative Agent shall promptly notify such Issuing Bank thereof. Each Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.11:00 a.m. (New York time), five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and such Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of Letters of Credit issued by such Loan or CreditIssuing Bank. If the Administrative Agent shall fail to obtain consent to any request for an Additional Currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group, Inc.\NEW\)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Eurocurrency Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of "Alternative Currency”; ;" provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the prior approval of all the Agents and the Lenders; provided, however, and in the case of any such request with respect to the extent issuance of Letters of Credit, such request relates solely shall be subject to the approval of the Administrative Agent and the L/C Issuer. (b) Any such request shall be made to the Agents not later than 11:00 a.m., 20 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Agents and, in the case of any such request pertaining to Letters of Credit, subject only to the prior approval of the applicable L/C Issuer, in its or their sole discretion). Any In the case of any such request will be made pertaining to Eurocurrency Rate Loans, the Agents shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify each of the Agents, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurocurrency Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. (c) Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Eurocurrency Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Agents and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurocurrency Rate Loans in such requested currency, the Administrative Agent shall so notify the Company and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Committed Borrowings of Eurocurrency Rate Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Credit.requested currency, the Administrative Agent shall so notify the Company and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.05, the Administrative Agent shall promptly so notify the Company. Any specified currency of an Existing Letter of Credit that is neither Dollars nor one of the Alternative Currencies specifically listed in the definition of "Alternative Currency" shall be deemed an Alternative Currency with respect to such Existing Letter of Credit only. 1.06

Appears in 1 contract

Samples: Credit Agreement (Technitrol Inc)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of "Alternative Currency”; ;" provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten (10) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in their sole discretion). The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five (5) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.07, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Genesco Inc)

Additional Alternative Currencies. The Borrowers Company may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each Any such request will with respect to the issuance of Letters of Credit, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., 20 Business Days prior to the date of the desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the L/C Issuer, in their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Company and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.12, the Administrative Agent shall promptly so notify the Company.

Appears in 1 contract

Samples: Credit Agreement (Phoenix Consulting Group, LLC)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Revolving Loans be made and Credits be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each otherwise meets the requirements set forth in such request will be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C Issuerdefinition. Any such request will shall be made to the Administrative Agent (which shall promptly notify each Lender thereof) not later than 11:00 a.m., ten 12:00 noon twelve Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicabledesired Credit Extension. Administrative Agent will Each Lender shall notify the Administrative BorrowerAgent, not later than 9:00 a.m., five 12:00 noon ten Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Revolving Loans in such requested currency. Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan to be made or such Credit to be issued make Revolving Loans in such requested currency. If all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Revolving Loans in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of hereunder. Upon any Lender’s refusal to make Revolving Loans in the additional requested currency, the Borrower may replace such Loan or CreditLender in accordance with Section 11.16.

Appears in 1 contract

Samples: Credit Agreement (Practiceworks Inc)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each Any such request will with respect to the issuance of Letters of Credit, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the L/C Issuer, in their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.12, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (ResCare Finance, Inc.)

Additional Alternative Currencies. The Borrowers may from time to time request that Eurocurrency Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent issuance of Letters of Credit, such request relates solely shall be subject to the approval of the Administrative Agent and the Issuing Bank. Any such request shall be made to the Administrative Agent not later than 11:00 a.m., 20 Business Days prior to the date of the desired Borrowing (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, subject only to the prior approval Issuing Bank, in its or their sole discretion). In the case of the applicable L/C Issuer. Any any such request will be made pertaining to Eurocurrency Rate Loans, the Administrative Agent shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the Issuing Bank thereof. Each Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or the Issuing Bank (in the case of a request pertaining to Letters of Credit) shall notify the Administrative Agent, not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurocurrency Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Lender or the Issuing Bank, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders Issuing Bank, as the case may be, to permit such Loan Eurocurrency Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurocurrency Rate Loans in such requested currency, the Administrative Agent shall so notify the Borrowers and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Eurocurrency Rate Loans; and if the Administrative Agent and the Issuing Bank consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Borrowers and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Company.

Appears in 1 contract

Samples: Credit Agreement (Velti PLC)

Additional Alternative Currencies. (a) The Borrowers Borrower Representative may from time to time request that Alternative Currency Loans be made and Credits under the Aggregate Revolving Commitments and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Alternative Currency Loans, such request shall be subject to the prior approval of all Lendersthe Administrative Agent and each Revolving Lender; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten 15 Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Alternative Currency Loans, the Administrative Agent will shall promptly notify each Revolving Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Revolving Lender (in the case of any such request pertaining to Alternative Currency Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five seven Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Alternative Currency Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent to respond to such request within the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.

Appears in 1 contract

Samples: Credit Agreement (SharkNinja, Inc.)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the applicable Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an B) to the extent the definition of Additional Alternative Currency”)LIBO Rate” reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Credit.any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the applicable Borrower. THE CREDITS

Appears in 1 contract

Samples: Revolving Credit Agreement (Endeavor Group Holdings, Inc.)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency currency, other than those specifically listed in the definition of “Dollars and any existing Alternative Currency, that the L/C Issuer is not currently making available for Letters of Credit to the Borrower; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each For any such request will with respect to the issuance of Letters of Credit, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. (b) Any such new Alternative Currency request will for Letters of Credit shall be made to the Administrative Agent not later than 11:00 a.m.2:00 p.m., ten (10) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired L/C Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will notify and the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedL/C Issuer, in their sole discretion). The Administrative Agent shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative Agent, not later than 2:00 p.m., on the second Business Day immediately preceding the requested date of the desired L/C Credit Extension whether it consents, in its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Letter 68 US-DOCS\146702970.0000000000.7

Appears in 1 contract

Samples: Credit Agreement (Tutor Perini Corp)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency currency, other than those specifically listed in Dollars, that any L/C Issuer is not currently making available for Letters of Credit to the definition of “Alternative Currency”Borrowers; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each For any such request will with respect to the issuance of Letters of Credit, such request shall be subject to the prior approval of all Lenders; provided, however, the Administrative Agent and the applicable L/C Issuer(s). Any such Alternative Currency request for Letters of Credit shall be made to the extent such request relates solely to Letters of CreditAdministrative Agent not later than 10:00 a.m., subject only one (1) Business Day prior to the prior approval date of the desired L/C Credit Extension (or such other time or date as may be agreed by the Administrative Agent and the applicable L/C Issuer. Any such request will be made to Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, as applicable. Administrative Agent will notify the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consented, in their sole discretion). The Administrative Agent shall promptly notify the applicable L/C Issuer thereof. The applicable L/C Issuer shall notify the Administrative Agent, 45 89826417_6 not later than 10:00 a.m., on the requested date of the desired L/C Credit Extension whether it consents, in its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the applicable L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such applicable L/C Issuer to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable L/C Issuer consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrowers and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrowers.

Appears in 1 contract

Samples: Credit Agreement (Chicago Bridge & Iron Co N V)

Additional Alternative Currencies. The Borrowers (a) Parent Borrower may from time to time request that Eurocurrency Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency;”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Revolving Credit Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C IssuerIssuers. (i) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicableeach L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurocurrency Rate Loans, the Administrative Agent will shall promptly notify each Revolving Credit Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify each L/C Issuer thereof. Each Revolving Credit Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or each L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurocurrency Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent to respond to such request within the time period specified in the preceding sentence will be deemed to be a refusal by the Lenders to permit such Loan to be made or such Credit to be issued in such requested currency. If the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.87 #96352060v15 #96352060v15

Appears in 1 contract

Samples: Credit Agreement (Primo Water Corp /CN/)

Additional Alternative Currencies. The Borrowers may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of "Alternative Currency”; ;" provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into DollarsU.S. dollars. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Applicable Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, Letter of Credit (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Applicable Issuing Bank, in its or their sole discretion). The Administrative Agent shall promptly notify the Applicable Issuing Bank thereof. The Applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent the Applicable Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Issuing Bank to issue the Lenders requested Letters of Credit in such requested currency at that time. If the Administrative Agent and the Applicable Issuing Bank consent to permit such Loan to be made or such the issuance of Letters of Credit to be issued in such requested currency. If , the Lenders consent to Administrative Agent shall so notify the making of Borrowers and such Loan or the issuance of such Credit, as applicable, in such requested currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrowers.

Appears in 1 contract

Samples: Incremental Assumption Agreement (Oil States International Inc)

Additional Alternative Currencies. (a) The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request, such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten (10) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired L/C Credit Extension (or such other time or date as applicablemay be agreed by the L/C Issuer in its sole discretion). The Administrative Agent will shall promptly notify the L/C Issuer thereof. The L/C Issuer shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five (5) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. (c) Any failure by Administrative Agent the L/C Issuer to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders L/C Issuer to permit such Loan to be made or such the Letters of Credit to be issued in such requested currency. If the Lenders consent L/C Issuer consents to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and to the extent the definition of Eurocurrency Rate reflects the appropriate interest rate for such currency (an “Additional Alternative Currency”)or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the Borrower. Section 1.12.

Appears in 1 contract

Samples: Credit Agreement (Mercury Systems Inc)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Alternative Currency Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each In the case of any such request will with respect to the making of Alternative Currency Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the Administrative Agent and the applicable L/C Issuer. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 10:00 a.m., ten 20 Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe applicable L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Alternative Currency Loans, the Administrative Agent will shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the applicable L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Alternative Currency Loans) or the applicable L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 10:00 a.m., five ten Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Alternative Currency Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. (c) Any failure by Administrative Agent a Lender or an L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or such L/C Issuer, as the Lenders case may be, to permit such Loan Alternative Currency Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Alternative Currency Loans in such requested currency and the Administrative Agent and such Lenders reasonably determine that an appropriate interest rate is available to be used for such requested currency, the Administrative Agent shall so notify the Company and (an “Additional Alternative Currency”), i) the Administrative Agent and such Additional Lenders may amend the definition of Alternative Currency will thereupon be deemed for all purposes to be an Daily Rate or Alternative Currency hereunder Term Rate to the extent necessary to add the applicable rate for purposes such currency and any applicable adjustment for such rate and (ii) to the extent the definition of such Loan or Credit.Alternative Currency Daily Rate 44 158477613_2174043865_5

Appears in 1 contract

Samples: Credit Agreement (Stericycle Inc)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”dollars; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each such Such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the Administrative Agent and the applicable L/C IssuerIssuing Banks. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditissuance, extension or increase of any Letter of Credit to be issued in such currency (or such other time or date as applicable. may be reasonably agreed by the Administrative Agent will and the applicable Issuing Banks). The Administrative Agent shall promptly notify the applicable Issuing Banks thereof. The applicable Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent an Issuing Bank to respond to such request within the time period specified in the preceding sentence will clause (b) shall be deemed to be a refusal by the Lenders such Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the applicable Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and (A) the Administrative Agent and the applicable Issuing Bank may amend the definition of LIBO Rate for any currency for which there is no published LIBO Rate with respect thereto to the extent necessary to add the applicable LIBO Rate for such currency and (an “Additional Alternative Currency”)B) to the extent the definition of LIBO Rate reflects the appropriate interest rate for such currency or has been amended to reflect the appropriate rate for such currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder Currency, for purposes of such Loan or Creditany Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.11, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone OnDemand Inc)

Additional Alternative Currencies. The Borrowers Borrower may from time to time request that Loans be made and Credits Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each ; provided further that such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Issuing Bank. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m.a.m. (New York time), ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired LC Credit Extension (or such other time or date as applicable. may be agreed by the Administrative Agent will and the Issuing Bank in their sole discretion). The Administrative Agent shall promptly notify the Issuing Bank thereof. The Issuing Bank shall notify the Administrative BorrowerAgent, not later than 9:00 a.m.11:00 a.m. (New York time), five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Letters of Credit in such requested currency. Any failure by Administrative Agent the Issuing Bank to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders Issuing Bank to permit such Loan to be made or such Letters of Credit to be issued in such requested currency. If the Lenders Administrative Agent and the Issuing Bank consent to the making of such Loan or the issuance of such Credit, as applicable, Letters of Credit in such requested currency, the Administrative Agent shall so notify the Borrower and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder hereunder. If the Administrative Agent shall fail to obtain consent to any request for purposes of such Loan or Creditan Additional Currency under this Section 1.06, the Administrative Agent shall promptly so notify the Borrower.

Appears in 1 contract

Samples: Credit Agreement (Willbros Group, Inc.\NEW\)

Additional Alternative Currencies. (a) The Borrowers may from time to time request that Eurodollar Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each such request will shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerLenders (not to be unreasonably withheld or delayed). (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten seven (7) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Credit, desired Credit Extension (or such other time or date as applicable. Administrative Agent will notify may be agreed by the Administrative Borrower, not later than 9:00 a.m., five Business Days after receipt of such request whether the Lenders have consented, in their sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, in such requested currencyAgent). (c) Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan Eurodollar Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurodollar Rate Loans in such requested currency, the Administrative Agent shall so notify the Borrowers and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any borrowings of Eurodollar Rate Loans; and if all of the Lenders consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Borrowers and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this §1.4, it shall promptly so notify the Borrowers.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement and Special (Lojack Corp)

Additional Alternative Currencies. The Borrowers Parent may from time to time request that Eurocurrency Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of "Alternative Currency”; ;" provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurocurrency Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters of Credit, as applicablethe L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurocurrency Rate Loans, the Administrative Agent will shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurocurrency Rate Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurocurrency Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Eurocurrency Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurocurrency Rate Loans in such requested currency, the Administrative Agent shall so notify the Parent and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Committed Borrowings of Eurocurrency Rate Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Parent and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.06, the Administrative Agent shall promptly so notify the Parent.

Appears in 1 contract

Samples: Credit Agreement (Core Laboratories N V)

Additional Alternative Currencies. (a) The Borrowers Company may from time to time request that Alternative Currency Loans be made and Credits be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; ;” provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollarsan Eligible Currency. Each In the case of any such request will with respect to the making of Alternative Currency Loans, such request shall be subject to the prior approval of all Lenders; provided, however, to the extent such request relates solely to Letters of Credit, subject only to the prior approval of the applicable L/C IssuerAdministrative Agent and the Lenders. (b) Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten fifteen (15) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested Creditdesired Borrowing (or such other time or date as may be agreed by the Administrative Agent). In the case of any such request pertaining to Alternative Currency Loans, as applicable. the Administrative Agent will shall promptly notify each Lender thereof. Each Lender (in the case of any such request pertaining to Alternative Currency Loans) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan or the issuance of the requested Credit, as applicable, Alternative Currency Loans in such requested currency. (c) Any failure by Administrative Agent a Lender to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by the Lenders such Lender to permit such Loan Alternative Currency Loans to be made or such Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to making Alternative Currency Loans in such requested currency and the making Administrative Agent and such Lenders reasonably determine that an appropriate interest rate is available to be used for such requested currency, the Administrative Agent shall so notify the Company and (i) the Administrative Agent and such Lenders may amend the definition of Alternative Currency Daily Rate or Alternative Currency Term Rate to the extent necessary to add the applicable rate for such Loan currency and any applicable adjustment for such rate and (ii) to the extent the definition of Alternative Currency Daily Rate or the issuance of such CreditAlternative Currency Term Rate, as applicable, in has been amended to reflect the appropriate rate for such requested currency (an “Additional Alternative Currency”)currency, such Additional Alternative Currency will currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of such Loan or Credit.any Committed Borrowings of Alternative Currency Loans. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.07, the Administrative Agent shall promptly so notify the Company. 1.08

Appears in 1 contract

Samples: Credit Agreement (Danaher Corp /De/)

Additional Alternative Currencies. The Borrowers Company may from time to time request that Eurodollar Rate Loans be made and Credits and/or Letters of Credit be issued in a currency other than those specifically listed in the definition of “Alternative Currency”; provided that such requested currency is a lawful currency (other than Dollars) that is readily available and freely transferable and convertible into Dollars. Each In the case of any such request will with respect to the making of Eurodollar Rate Loans, such request shall be subject to the prior approval of all the Administrative Agent and the Lenders; provided, however, and in the case of any such request with respect to the extent such request relates solely to issuance of Letters of Credit, such request shall be subject only to the prior approval of the applicable Administrative Agent and the L/C Issuer. Any such request will shall be made to the Administrative Agent not later than 11:00 a.m., ten twenty (20) Business Days prior to the desired date for making the requested Loan or desired issuance date of the requested desired Credit Extension (or such other time or date as may be agreed by the Administrative Agent and, in the case of any such request pertaining to Letters #47923322 of Credit, as applicablethe L/C Issuer, in its or their sole discretion). In the case of any such request pertaining to Eurodollar Rate Loans, the Administrative Agent will shall promptly notify each Lender thereof; and in the case of any such request pertaining to Letters of Credit, the Administrative Agent shall promptly notify the L/C Issuer thereof. Each Lender (in the case of any such request pertaining to Eurodollar Rate Loans) or the L/C Issuer (in the case of a request pertaining to Letters of Credit) shall notify the Administrative BorrowerAgent, not later than 9:00 11:00 a.m., five ten (10) Business Days after receipt of such request whether the Lenders have consentedit consents, in their its sole discretion, to the making of the requested Loan Eurodollar Rate Loans or the issuance of the requested Letters of Credit, as applicablethe case may be, in such requested currency. Any failure by Administrative Agent a Lender or the L/C Issuer, as the case may be, to respond to such request within the time period specified in the preceding sentence will shall be deemed to be a refusal by such Lender or the Lenders L/C Issuer, as the case may be, to permit such Loan Eurodollar Rate Loans to be made or such Letters of Credit to be issued in such requested currency. If the Administrative Agent and all the Lenders consent to the making of such Loan or the issuance of such Credit, as applicable, Eurodollar Rate Loans in such requested currency, the Administrative Agent shall so notify the Company and such currency (an “Additional Alternative Currency”), such Additional Alternative Currency will shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Borrowings of Eurodollar Rate Loans; and if the Administrative Agent and the L/C Issuer consent to the issuance of Letters of Credit in such Loan or Creditrequested currency, the Administrative Agent shall so notify the Company and such currency shall thereupon be deemed for all purposes to be an Alternative Currency hereunder for purposes of any Letter of Credit issuances. If the Administrative Agent shall fail to obtain consent to any request for an additional currency under this Section 1.08, the Administrative Agent shall promptly so notify the Company.

Appears in 1 contract

Samples: Credit Agreement (Greif Inc)

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