Common use of Choice of Interest Rate, Etc Clause in Contracts

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans shall, at the option of the Borrowers, be made either as a Base Rate Advance or as a Eurodollar Advance (except for the first two (2) Business Days after the Agreement Date, during which period the Revolving Loans shall bear interest as a Base Rate Advance); provided, however, that (i) if the Administrative Borrower fails to give the Administrative Agent written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Advance shall be converted to a Base Rate Advance on the Payment Date in accordance with Section 2.3(a)(iii), and (ii) the Administrative Borrower may not select a Eurodollar Advance (A) with respect to Swing Loans, (B) with respect to an Advance, the proceeds of which are to reimburse an Issuing Bank pursuant to Section 2.15, or (C) if, at the time of such Advance or at the time of the continuation of, or conversion to, a Eurodollar Advance pursuant to Section 2.2(c), a Default has occurred and is continuing. Any notice given to the Administrative Agent in connection with a requested Advance hereunder (other than a request for a Swing Loan) shall be given to the Administrative Agent prior to 11:00 a.m. (Atlanta, Georgia time) in order for such Business Day to count toward the minimum number of Business Days required.

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans shall, at the option of the BorrowersAdministrative Borrower, be made either as a Base Rate Advance or as a Eurodollar Advance (except for the first two three (23) Business Days after the Agreement Date, during which period the Revolving Loans shall bear interest as a Base Rate Advance); provided, however, that (i) if the Administrative Borrower fails to give the Administrative Agent written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Advance shall be converted to a Base Rate Advance on the Payment Date in accordance with Section 2.3(a)(iii), and (ii) the Administrative Borrower may not select a Eurodollar Advance (A) with respect to Swing Loans, (B) with respect to an Advance, the proceeds of which are to reimburse an the Issuing Bank pursuant to Section 2.15, or (C) if, at the time of such Advance or at the time of the continuation of, or conversion to, a Eurodollar Advance pursuant to Section 2.2(c), a Default has occurred exists, and is continuing(iii) all Agent Advances and Overadvances shall be made as Base Rate Advances. Any notice given to the Administrative Agent in connection with a requested Advance hereunder (other than a request for a Swing Loan) shall be given to the Administrative Agent prior to 11:00 a.m. (i) 1:00 p.m. (Atlanta, Georgia time) with respect to Base Rate Advances and Eurodollar Advances and (ii) 2:00 p.m. (Atlanta, Georgia time) with respect to Swing Loans in order for such Business Day to count toward the minimum number of Business Days required.

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans Loan shall, at the option of the Borrowers, be made either as a Base Rate Advance Loan or as a Eurodollar Advance (except for the first two (2) Business Days after the Agreement Date, during which period the Revolving Loans shall bear interest as a Base Rate Advance)Loan; provided, however, that (i) if the Administrative Borrower fails to give (x) the Revolving Facility Administrative Agent Agent, in case of Revolving Loans and (y) the Term Facility Administrative Agent, in case of Term Loans, written notice specifying whether a Eurodollar Advance Loan is to be repaid, continued or converted on a Payment Date, such Advance Loan shall be converted to a Base Rate Advance Loan on the Payment Date in accordance with Section 2.3(a)(iii), and (ii) the Administrative Borrower may not select a Eurodollar Advance Loan (A) with respect to Swing Loanson the Agreement Date, (B) with respect to an AdvanceSwing Line Loans, (C) with respect to any Loan, the proceeds of which are to reimburse an the Issuing Bank pursuant to Section 2.15, or (CD) if, at the time of such Advance Loan or at the time of the continuation of, or conversion to, a Eurodollar Advance Loan pursuant to Section 2.2(c), a Default exists, and the applicable Administrative Agent has occurred notified the Administrative Borrower that no Eurodollar Loans may be selected by the Administrative Borrower during the continuance of such Default, and is continuing(iii) all Agent Advances shall be made as Base Rate Loans. Any notice given to the any Administrative Agent in connection with a requested Advance Loan hereunder (other than a request for a Swing Loan) shall be given to the applicable Administrative Agent prior to 11:00 a.m. (AtlantaNew York, Georgia New York time) in order for such Business Day to count toward the minimum number of Business Days required.

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans shall, at the option of the Borrowers, be made either as a Base Rate Advance or as a Eurodollar Advance (except for the first two three (23) Business Days after the Agreement Date, during which period the Revolving Loans shall bear interest as a Base Rate Advance); provided, however, that (i) if the Administrative Borrower fails to give the Administrative Agent written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Advance shall be converted to a Base Rate Advance on the Payment Date in accordance with Section 2.3(a)(iii), and (ii) the Administrative Borrower may not select a Eurodollar Advance (A) on the Agreement Date, (B) with respect to Swing Loans, (BC) with respect to an Advance, the proceeds of which are to reimburse an the Issuing Bank pursuant to Section 2.15, or (CD) if, at the time of such Advance or at the time of the continuation of, or conversion to, a Eurodollar Advance pursuant to Section 2.2(c), a Default exists, and the Administrative Agent has occurred notified the Administrative Borrower that no Eurodollar Advances may be selected by the Administrative Borrower during the continuance of such Default, and is continuing(iii) all Agent Advances shall be made as Base Rate Advances. Any notice given to the Administrative Agent in connection with a requested Advance hereunder (other than a request for a Swing Loan) shall be given to the Administrative Agent prior to 11:00 a.m. (AtlantaNew York, Georgia New York time) in order for such Business Day to count toward the minimum number of Business Days required.

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans Loan shall, at the option of the Borrowers, be made either as a Base Rate Advance Loan or as a Eurodollar Advance (except for the first two (2) Business Days after the Agreement Date, during which period the Revolving Loans shall bear interest as a Base Rate Advance)Loan; provided, however, that (i) if the Administrative Borrower fails to give (x) the Revolving Facility Administrative Agent Agent, in case of Revolving Loans and (y) the Term Facility Administrative Agent, in case of Term Loans, written notice specifying whether a Eurodollar Advance Loan is to be repaid, continued or converted on a Payment DateDate (and in the case of Revolving Loans denominated in Euros or Sterling, such Advance Revolving Loan shall be exchanged for the U.S. Dollar Equivalent thereof), such Loan shall be converted to a Base Rate Advance Loan on the Payment Date in accordance with Section 2.3(a)(iii), and (ii) the Administrative Borrower may not select a Eurodollar Advance Loan (A) with respect to Swing Loanson the Agreement Date, (B) with respect to an AdvanceSwing Line Loans, (C) with respect to any Loan, the proceeds of which are to reimburse an the Issuing Bank pursuant to Section 2.15, or (CD) if, at the time of such Advance Loan or at the time of the continuation of, or conversion to, a Eurodollar Advance Loan pursuant to Section 2.2(c), a Default exists, and the applicable Administrative Agent has occurred notified the Administrative Borrower that no Eurodollar Loans may be selected by the Administrative Borrower during the continuance of such Default, (iii) Base Rate Loans shall be denominated in Dollars, and is continuing(iv) all Agent Advances shall be made as Base Rate Loans. Any notice given to the any Administrative Agent in connection with a requested Advance Loan hereunder (other than a request for a Swing Loan) shall be given to the applicable Administrative Agent prior to 11:00 a.m. (AtlantaNew York, Georgia New York time) in order for such Business Day to count toward the minimum number of Business Days required.

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans shall, at the option of the Borrowers, be made either as a Base Rate Advance or as a Eurodollar Advance (except for the first two three (23) Business Days after the Agreement Date, during which period the Revolving Loans shall bear interest as a Base Rate AdvanceAdvance and except as otherwise provided in this Agreement); provided, however, that (i) if the Administrative Borrower fails to give the Administrative Agent written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Advance shall be converted to a Base Rate Advance on the Payment Date in accordance with Section 2.3(a)(iii), and (ii) the Administrative Borrower may not select a Eurodollar Advance (A) on the Agreement Date, (B) with respect to Swing Loans, (BC) with respect to an Advance, the proceeds of which are to reimburse an the Issuing Bank pursuant to Section 2.15, or (CD) if, at the time of such Advance or at the time of the continuation of, or conversion to, a Eurodollar Advance pursuant to Section 2.2(c), a Default has occurred or Event of Default exists, unless otherwise consented to by the Administrative Agent and is continuingthe Majority Lenders in their sole discretion, and (iii) all Agent Advances shall be made as Base Rate Advances. Any notice given to the Administrative Agent in connection with a requested Advance hereunder (other than a request for a Swing Loan) shall be given to the Administrative Agent prior to 11:00 a.m. (Atlanta, Georgia time) in order for such Business Day to count toward the minimum number of Business Days required.

Choice of Interest Rate, Etc. Any Advance of the Revolving Loans shall, at the option of the BorrowersBorrower, be made either as a Base Rate Advance or as a Eurodollar Advance (except for any initial Advance made on the Agreement Date or on the first two (2) Business Days after the Agreement Date, during which period the Revolving Loans Date shall bear interest be made as a Base Rate Advance); provided, however, that (i) if the Administrative Borrower fails to give the Administrative Agent written notice specifying whether a Eurodollar an Advance is to be repaid, continued repaid or converted reborrowed on a Payment Date, such Advance shall be converted to repaid and then reborrowed as a Base Rate Advance on the Payment Date in accordance with Section 2.3(a)(iii)Date, and (ii) the Administrative Borrower may not select a Eurodollar Advance (A) with respect to the Swing Loans, (B) with respect to an Advance, the proceeds of which are to reimburse an Issuing Bank pursuant to Section 2.152.15 hereof, or (C) if, at the time of such Advance or at the time of the continuation of, or conversion toAdvance, a Eurodollar Advance pursuant to Section 2.2(c), a Default or an Event of Default has occurred and is continuing. Any notice given to the Administrative Agent in connection with a requested Advance hereunder (other than a request for a Swing Loan) shall be given to the Administrative Agent prior to 11:00 a.m. (Atlanta, Georgia New York time) in order for such Business Day to count toward the minimum number of Business Days required. The Agent shall, upon reasonable request of the Borrower from time to time, provide to the Borrower such information with regard to the Eurodollar Rate Basis as may be so requested.