Common use of Continuation and Conversion Elections Clause in Contracts

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 a.m., San Francisco time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of all Loans) that all, or any portion in an aggregate minimum amount of $500,000 and an integral multiple of $100,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 2 contracts

Sources: Credit Agreement (W-H Energy Services Inc), Credit Agreement (W-H Energy Services Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 a.m.12:00 p.m. (noon), San Francisco Los Angeles time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to into LIBO Rate Loans) nor more than five Business Days' notice (in the case of all any Loans) that all, or any portion in an aggregate a minimum amount of $500,000 and an or any larger integral multiple of $100,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan Loans or continued as a LIBO Rate Loan Loans (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ix) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all the relevant Lenders, and (iiy) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 2 contracts

Sources: Credit Agreement (Charles River Laboratories Holdings Inc), Credit Agreement (Charles River Laboratories Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 11:00 a.m., San Francisco Denver, Colorado time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to into LIBO Rate Loans) nor more than five Business Days' notice (in the case of all any Loans) that all, or any portion in an a minimum aggregate minimum amount of $500,000 and 5,000,000 or an integral multiple of $100,0001,000,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan Loans or continued as a LIBO Rate Loan Loans (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days (but not more than five Business Days) before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ia) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (iib) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 1 contract

Sources: Revolving Credit Agreement (Royster-Clark Nitrogen Realty LLC)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 10:00 a.m., San Francisco New York City time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) , or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor , and in either case not more than five Business Days' notice (in the case of all Loans) notice, that all, or any portion in an aggregate minimum amount of $500,000 4,000,000 and an integral multiple of $100,0001,000,000, in the case of any Loans (other than Swing Line LIBO Rate Loans) , or an aggregate minimum amount of $4,000,000 and an integral multiple of $1,000,000, in the case of Base Rate Loans, be, in the case of Base Rate Loans, converted into LIBO Rate Loans oror be, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan Loans or continued as a LIBO Rate Loan Loans (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days (but not more than five Business Days) before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ix) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, Lenders that have made such Loans and (iiy) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit Agreement (Aladdin Gaming Enterprises Inc)

Continuation and Conversion Elections. By delivering a ------------------------------------- Continuation/Conversion Notice to Lender (in each case with a copy to the Administrative Agent Section 7.2.2(b) Lenders) on or before 9:00 a.m., San Francisco Portland time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of notice, that all Revolving Loans) that all, or any portion in an aggregate minimum amount of $500,000 $ and an integral ----------- multiple of $100,000, $ in excess thereof of any Loans (other than Swing Line Revolving Loans) , be, in the ------------ case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no -------- ------- portion of the outstanding principal amount of any Revolving Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit Agreement (Oregon Steel Mills Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 10:00 a.m., San Francisco New York time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less fewer than one Business Day's notice three (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans3) nor more than five (5) Business Days' notice (in the case of all Loans) that all, or any portion in an aggregate minimum amount of $500,000 and an integral multiple of $100,000, of any Loans (other than Swing Line Loans) , subject to the requirements of Section 2.3, be, in the case of Base Rate Loans, converted into LIBO Rate Loans orLoans, and in the case of LIBO Rate Loans, be converted on the last day of the then current interest period into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three (3) Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all LendersLenders to the Borrower, and (ii) no portion of the outstanding principal amount of any Loans may be so continued as, or be so converted into, LIBO Rate Loans when any Event of Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit Agreement (National Energy Group Inc)

Continuation and Conversion Elections. By delivering a ------------------------------------- Continuation/Conversion Notice to the Administrative Agent on or before 9:00 11:00 a.m., San Francisco New York time, on a Business Day, the a Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of all Loans) that all, or any portion in an aggregate minimum amount of $500,000 1,000,000 and an integral multiple of $100,0001,000,000, of any Loans (other than Swing Line Loans) made to it be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall -------- ------- be made pro rated rata among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Event of Default has occurred and is continuing.

Appears in 1 contract

Sources: Revolving Credit Agreement (Sun International North America Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 11:00 a.m., San Francisco Denver, Colorado time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's ’s notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' ’ notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to into LIBO Rate Loans) nor more than five Business Days' ’ notice (in the case of all any Loans) that all, or any portion in an a minimum aggregate minimum amount of $500,000 and 5,000,000 or an integral multiple of $100,0001,000,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan Loans or continued as a LIBO Rate Loan Loans (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days (but not more than five Business Days) before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 1 contract

Sources: Revolving Credit Agreement (Royster-Clark Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 10:00 a.m., San Francisco Denver time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of all Loans) that all, or any portion in an aggregate minimum amount of $500,000 and an integral multiple of $100,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be made pro rated rata among the applicable outstanding Lenders in accordance with the respective principal amounts of the Loans of all Lenderscomprising the converted or continued Borrowing, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing, without the consent of the Required Lenders.

Appears in 1 contract

Sources: Credit Agreement (W-H Energy Services Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 a.m., San Francisco time, 10:00 a.m. on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of notice, that all Loans) that all, or any portion in an aggregate minimum amount of $500,000 US$1,000,000 and an integral multiple of $100,000, US$1,000,000 of any Loans (other than Swing Line Loans) denominated in US Dollars be, in the case of Base Rate USBR Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, on the last day of the current Interest Period, be converted into a Base Rate Loan or a LIBO Rate USBR Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate USBR Loan); provided, however, that (ia) each such conversion or -------- ------- continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (iib) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit and Guarantee Agreement (Kaiser Francis Oil Co)

Continuation and Conversion Elections. By delivering a ---------------------------------------- Continuation/Conversion Notice to the Administrative Agent on or before 9:00 10:00 a.m., San Francisco Chicago time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of all Loans) that all, or any portion in an aggregate minimum amount of $500,000 and an integral multiple of $100,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Continuation/ Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each -------- ------- such conversion or continuation shall be pro rated among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Event of Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit Agreement (Novamed Eyecare Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 a.m.12:00 p.m. (noon), San Francisco Designated City time, on a Business Day, the Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or three Business Days' notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to into LIBO Rate Loans) nor more than five Business Days' notice (in the case of all any Loans) that all, or any portion in an aggregate a minimum amount of $500,000 and an or any larger integral multiple of $100,000, of any Loans (other than Swing Line Loans) be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan Loans or continued as a LIBO Rate Loan Loans (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (ix) each such conversion or continuation shall be pro rated among the applicable outstanding Loans of all the relevant Lenders, and (iiy) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Default has occurred and is continuing.

Appears in 1 contract

Sources: Credit Agreement (Charles River Laboratories International Inc)

Continuation and Conversion Elections. By delivering a Continuation/Conversion Notice to the Administrative Agent on or before 9:00 a.m.1:00 p.m., San Francisco New York time, on a Business Day, the a Borrower may from time to time irrevocably elect, on not less than one Business Day's notice (in the case of a conversion of LIBO Rate Loans to Base Rate Loans) or five nor more than three Business Days' ’ notice (in the case of a continuation of LIBO Rate Loans or a conversion of Base Rate Loans to LIBO Rate Loans) nor more than five Business Days' notice (in the case of all Loans) that all, or any portion in an aggregate minimum amount of $500,000 1,000,000 and an integral multiple of $100,0001,000,000, of any Loans (other than Swing Line Loans) made to it be, in the case of Base Rate Loans, converted into LIBO Rate Loans or, in the case of LIBO Rate Loans, be converted into a Base Rate Loan or a LIBO Rate Loan or continued as a LIBO Rate Loan (in the absence of delivery of a Continuation/Conversion Notice with respect to any LIBO Rate Loan at least three Business Days before the last day of the then current Interest Period with respect thereto, such LIBO Rate Loan shall, on such last day, automatically convert to a Base Rate Loan); provided, however, that (i) each such conversion or continuation shall be made pro rated rata among the applicable outstanding Loans of all Lenders, and (ii) no portion of the outstanding principal amount of any Loans may be continued as, or be converted into, LIBO Rate Loans when any Event of Default has occurred and is continuingcontinuing if the Required Lenders so elect.

Appears in 1 contract

Sources: Credit Agreement (Kerzner International Employment Services LTD)