Affected Loans. See Section 2.11(a).
Affected Loans. See Section 2.7(a). --------------
Affected Loans. At any time that any Loan is affected by the circumstances described in Section 3.6(a)(i) or (iii), Company may (and, in the case of a Loan affected by the circumstances described in Section 3.6(a)(iii), shall) either (i) if the affected Loan is then being made initially or pursuant to a conversion, by giving Administrative Agent telephonic notice (confirmed in writing) on the same date that Company was notified by the affected Lender or Administrative Agent pursuant to Section 3.6(a)(i) or (iii), cancel the respective Borrowing, or (ii) if the affected Loan is then outstanding, upon at least three Business Days’ written notice to Administrative Agent, require the affected Lender to convert such Loan into a Base Rate Loan, provided that if more than one Lender is affected at any time, then all affected Lenders must be treated the same pursuant to this Section 3.6(b).
Affected Loans. At any time that any Loan is affected by the circumstances described in Section 3.6(a)(i) or (iii), Company may either (i) if the affected Loan is then being made initially by giving Administrative Agent telephonic notice (confirmed in writing) on the same date that Company was notified by the affected Lender or Administrative Agent pursuant to Section 3.6(a)(i) or (iii), elect that the Loans under such Borrowing accrue at the Cost of Funds, or (ii) if the affected Loan is then outstanding, upon at least three Business Days’ written notice to Administrative Agent, require the affected Lender to convert such Loan into a Loan that accrues at the Cost of Funds, provided that if more than one Lender is affected at any time, then all affected Lenders must be treated the same pursuant to this Section 3.6(b).
Affected Loans. See Section 2.10(a). -------------- Affiliate. With reference to any Person, (i) any director, officer or --------- employee of that Person, (ii) any other Person controlling, controlled by or under direct or indirect common control of that Person, (iii) any other Person directly or indirectly holding 5% or more of any class of the capital stock or other equity interests (including options, warrants, convertible securities and similar rights) of that Person and (iv) any other Person 5% or more of any class of whose capital stock or other equity interests (including options, warrants, convertible securities and similar rights) is held directly or indirectly by that Person.
Affected Loans. If Libor Loans (such Loans being herein called “Affected Loans”) are to be converted pursuant to Subsections (b) or (c) immediately above, the Affected Loans shall be automatically converted into Base Rate Loans on the last day(s) of the then current Interest Period(s) for the Affected Loans (or, in the case of a Loan converted under Subsection (c) immediately above, such earlier date as the Bank may specify to the Borrowers) and, unless and until the Bank gives notice as provided below that the circumstances specified in Subsections (b) or (c) immediately above which gave rise to such conversion no longer exist: (1) to the extent that the Affected Loans have been so converted, all payments and prepayments of principal which would otherwise be applied to the Affected Loans shall be applied instead to Base Rate Loans; and (2) all Loans which would otherwise be made or continued by the Bank as Libor Loans shall be made or continued instead as Base Rate Loans. The Bank agrees to give notice to the Borrowers promptly after the circumstances specified in Subsections (b) or (c) immediately above which give rise to the conversion or non-continuation of the Affected Loans pursuant to this Section no longer exist.
Affected Loans. See Section 2.11(a). Affiliate. With reference to any Person, (i) any director, officer or employee of that Person, (ii) any other Person controlling, controlled by or under direct or indirect common control of that Person, (iii) any other Person directly or indirectly holding five percent (5%) or more of any class of the Capital Stock of that Person and (iv) any other Person five percent (5%) or more of any class of whose Capital Stock is held directly or indirectly by that Person.
Affected Loans. See Section 2.11(a). Affiliate. With reference to any Person (i) any director or officer of that Person, (ii) any other Person controlling, controlled by or under direct or indirect common control of that Person, (iii) any other Person directly or indirectly holding 5% or more of any class of the capital stock or other equity interests (including options, warrants, convertible securities and similar rights) of that Person and (iv) any other Person 5% or more of any class of whose capital stock or other equity interests (including options, warrants, convertible securities and similar rights) is held directly or indirectly by that Person.
Affected Loans. See Section 2.10(a). Affiliate. With reference to any Person, (i) any director, officer or employee of that Person, (ii) any other Person controlling, controlled by or under direct or indirect common control of that Person, (iii) any other Person directly or indirectly holding five percent (5%) or more of any class of the Capital Stock of that Person and (iv) any other Person five percent (5%) or more of any class of whose Capital Stock is held directly or indirectly by that Person. Agreement. This Bridge Loan Agreement, including the Exhibits hereto. Applicable Margin. As of any date of determination and with respect to the Loans, the applicable margin set forth in the following table that corresponds to the period from and after the Initial Closing Date during which any Loan remains outstanding: Applicable Margin Level Period Base Rate Loans LIBOR Loans I Initial Closing Date to 59 days after Initial Closing Date 0.25 % 1.25 % II From 60 days after Initial Closing Date to 89 days after Initial Closing Date 0.50 % 1.50 % III From 90 days after Initial Closing Date to 119 days after Initial Closing Date 0.75 % 1.75 % IV From 120 days after Initial Closing Date to 149 days after Initial Closing Date 1.00 % 2.00 % V 150 days after Initial Closing Date and thereafter 1.25 % 2.25 % Base Rate. For any day, a rate per annum equal to the highest of (a) the Prime Rate in effect on such day, (b) except during any period of time during which a notice delivered to Borrower under Section 2.11 shall be in effect, a reference rate equal to the LIBOR Rate for Base Rate Loans that would be calculated as of such day (or if such day is not a Business Day, as of the next preceding Business Day) in respect of a proposed LIBOR Rate Loan with a one (1) month Interest Period plus one percent (1%) and (c) the Federal Funds Effective Rate in effect on such day plus one half percent (0.50%). If for any reason the Lender shall have determined (which determination shall be conclusive in the absence of manifest error) that it is unable to ascertain the Federal Funds Effective Rate, for any reason, including the inability or failure of the Lender to be able to determine such rate accurately, the Base Rate shall be determined without regard to clause (c) of the first sentence of this definition until the circumstances giving rise to such inability no longer exist. Any change in the Base Rate due to a change in the Prime Rate, LIBOR Rate or the Federal Funds Effective Rate shall be effec...
Affected Loans. If the obligation of any Lender to make or maintain any Fixed Rate Loans shall be suspended pursuant to Section 2.19(a) hereof, all Loans having an affected Interest Period which would otherwise be made by such Lender as Fixed Rate Loans shall: (i) if such Loans are Eurodollar Loans, be made instead as ABR Loans (and, if such Lender so requests by notice to the Borrower with a copy to the Administrative Agent, each Eurodollar Loan having an affected Interest Period of such Lender then outstanding shall be automatically converted into an ABR Loan on the last day of the Interest Period for such Eurodollar Loans unless earlier conversion is required by applicable law) and, to the extent that Eurodollar Loans are so made as (or converted into) ABR Loans, all payments of principal which would otherwise be applied to such Loans shall be applied instead to such ABR Loans and (ii) if such Loan is a Foreign Currency Loan, such Foreign Currency Loan will not be made and, if such Lender so requests by notice to the Borrower with a copy to the Administrative Agent, each Foreign Currency Loan having an affected Interest Period of such Lender then outstanding shall be repaid.
