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

Choice of Interest Rate, Etc. Any Advance (i) under the Revolving Loan Commitment (except with respect to (A) the initial Advance of the Revolving Loans on the Agreement Date, (B) Swing Loans and (C) Advances in respect of reimbursement of amounts advanced to beneficiaries under Letters of Credit, which Advances shall in all cases be Base Rate Advances initially) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance, and (ii) under the Term B Loan Commitment shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance (except with respect to the initial Advance of the Term B Loans on the Agreement Date, which Advance shall be a Base Rate Advance initially); provided, however, that (A) if the Borrower fails to give the Administrative Agent telephonic notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Eurodollar Advance shall be converted to a Base Rate Advance on such Payment Date, and (B) the Borrower may not select a Eurodollar Advance if, at the time of such selection, a Default or Event of Default has occurred and is continuing. Eurodollar Advances shall in all cases be subject to Article 11 hereof. Any notice given to the Administrative Agent in connection with a requested Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. (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 (i) under the Revolving Loan Commitment (except with respect to (A) the initial Advance of the Revolving Loans on the Agreement Date, (B) Swing Loans and (CB) Advances in respect of reimbursement of amounts advanced to beneficiaries under Letters of Credit, which Advances shall in all cases be Base Rate Advances initially) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance, and (ii) under the Term B Loan Commitment shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance Advance, and (iii) under the Incremental Term C Loan Commitment (except with respect to the initial any Advance of the Incremental Term B C Loans on the Agreement Date, which Advance shall be made as a Base Rate Advance initially)) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance; provided, however, that (A) if the Borrower fails to give the Administrative Agent telephonic notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Eurodollar Advance shall be converted to a Base Rate Advance on such Payment Date, and (B) the Borrower may not select a Eurodollar Advance if, at the time of such selection, a Default or Event of Default has occurred and is continuing. Eurodollar Advances shall in all cases be subject to Article 11 hereof. Any notice given to the Administrative Agent in connection with a requested Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. (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 (i) under the Revolving Loan Commitment (except with respect to (A) the initial Advance of the Revolving Loans on the Agreement Date, (B) Swing Loans and (C) Advances in respect of reimbursement of amounts advanced to beneficiaries under Letters of Credit, which Advances shall in all cases be Base Rate Advances initially) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance, and (ii) under the Term B Loan A Commitment shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance Advance, and (except with respect to the initial Advance of iii) under the Term B Loans on Commitment shall, at the Agreement Dateoption of the Borrower, which Advance shall be made as a Base Rate Advance initially)or a Eurodollar Advance; provided, however, that (Ai) if the Borrower fails to give the Administrative Agent telephonic written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Eurodollar Advance shall be converted to a Base Rate Advance on such Payment Date, and (Bii) the Borrower may not select a Eurodollar Advance if, at the time of such selection, a Default or Event of Default has occurred and is continuing. Eurodollar All Advances of the Loans made on the Agreement Date shall in all cases be subject to Article 11 hereofbear interest as Base Rate Advances. Any notice given to the Administrative Agent in connection with a requested Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. (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 (i) under the Revolving Loan Commitment Commitments (except with respect to (A) the initial Advance of the Revolving Loans on the Agreement Date, (B) Swing Loans and (C) Advances in respect of reimbursement of amounts advanced to beneficiaries under Letters of Credit, which Advances shall in all cases be Base Rate Advances initially) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance, and (ii) under the Term B A Loan Commitment Commitments shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance Advance, (except with respect to the initial Advance of iii) under the Term B Loans on Loan Commitments shall, at the Agreement Dateoption of the Borrower, which Advance shall be made as a Base Rate Advance initially)or a Eurodollar Advance, and (iv) under any Incremental Facility Commitment, shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance; providedPROVIDED, howeverHOWEVER, that (A) if the Borrower fails to give the Administrative Agent telephonic written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Eurodollar Advance shall be converted to a Base Rate Advance on such Payment Date, and (B) the Borrower may not select or continue a Eurodollar Advance if, at the time of such selection, a Default or Event of Default has occurred and is continuing. Eurodollar All Advances of the Loans made on the Agreement Date shall in all cases be subject to Article 11 hereofbear interest as Base Rate Advances. Any notice given to the Administrative Agent in connection with a requested Advance hereunder shall be given to the Administrative Agent prior to 11:00 10:00 a.m. (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 (i) under the Revolving Loan Commitment (except with respect to (A) the initial Advance of the Revolving Loans on the Agreement Date, which Advance shall be made as a Base Rate Advance initially, (B) Swing Loans and (C) Advances in respect of reimbursement of amounts advanced to beneficiaries under Letters of Credit, which Advances shall in all cases be Base Rate Advances initially) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance, and (ii) under the Term B Loan Commitment shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance (except with respect to the initial Advance of the Term B Loans on the Agreement Date, which Advance shall be made as a Base Rate Advance initially)) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance; providedPROVIDED, howeverHOWEVER, that (A) if the Borrower fails to give the Administrative Agent telephonic notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Eurodollar Advance shall be converted to a Base Rate Advance on such Payment Date, and (B) the Borrower may not select a Eurodollar Advance if, at the time of such selection, a Default or Event of Default has occurred and is continuing. Eurodollar Advances shall in all cases be subject to Article 11 hereof. Any notice given to the Administrative Agent in connection with a requested Advance hereunder shall be given to the Administrative Agent prior to 11:00 a.m. (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 (i) under the Revolving Loan Commitment (except with respect to (A) the initial Advance of the Revolving Loans on the Agreement Date, (B) Swing Loans and (C) Advances in respect of reimbursement of amounts advanced to beneficiaries under Letters of Credit, which Advances shall in all cases be Base Rate Advances initially) shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance, and (ii) under the Term B Loan Tranche A Commitment shall, at the option of the Borrower, be made as a Base Rate Advance or a Eurodollar Advance Advance, (except with respect to iii) under the initial Advance Tranche B Commitment shall, at the option of the Term B Loans on the Agreement DateBorrower, which Advance shall be made as a Base Rate Advance initially)or a Eurodollar Advance, and (iv) as Tranche C Loans shall be made as a Fixed Rate Advance; provided, however, that (Ai) if the Borrower fails to give the Administrative Agent telephonic written notice specifying whether a Eurodollar Advance is to be repaid, continued or converted on a Payment Date, such Eurodollar Advance shall be converted to a Base Rate Advance on such Payment Date, and (Bii) the Borrower may not select a Eurodollar Advance if, at the time of such selection, a Default or Event of Default has occurred and is continuing. Eurodollar All Advances of the Senior Loans made on the Agreement Date shall in all cases be subject to Article 11 hereofbear interest as Base Rate Advances. Any notice given to the Administrative Agent in connection with a requested Advance hereunder shall be given to the Administrative Agent prior to 11:00 10:00 a.m. (New York time) in order for such Business Day to count toward the minimum number of Business Days required.