Common use of Continuation and Conversion of Loans Clause in Contracts

Continuation and Conversion of Loans. (a) The Borrower may from time to time request LIBOR Rate Loans or may request that a Loan that is a Reference Rate Loan be converted to a LIBOR Rate Loan or that any existing LIBOR Rate Loan continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and the Interest Period to be applicable to such LIBOR Rate Loans, provided that such request shall apply to the Term Loan or a portion of each Lender’s Pro Rata Share of the Term Loan. Subject to the terms and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference Rate Loans shall be converted to LIBOR Rate Loans ‑51‑ or such LIBOR Rate Loans shall continue, as the case may be, provided that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained herein, the Lenders shall not be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loans.

Appears in 2 contracts

Samples: Financing Agreement (Delek US Holdings, Inc.), Financing Agreement (Delek US Holdings, Inc.)

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Continuation and Conversion of Loans. (a) The Borrower may from time to time request LIBOR Rate Loans or may request that a Loan that is a Reference Rate Loan be converted to a LIBOR Rate Loan or that any existing LIBOR Rate Loan continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent Lenders shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and the Interest Period to be applicable to such LIBOR Rate Loans, provided that such request shall apply to the Term Loan or a portion of each Lender’s 's Pro Rata Share of the Term Loan. Subject to the terms and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent each Lender of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference Rate Loans shall be converted to LIBOR Rate Loans ‑51‑ or such LIBOR Rate Loans shall continue, as the case may be, provided that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained herein, the Lenders shall not be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loans.

Appears in 1 contract

Samples: Financing Agreement (Delek US Holdings, Inc.)

Continuation and Conversion of Loans. (a) The Borrower may from time to time request LIBOR Rate Loans or may request that a Loan that is a Reference Rate Loan Loans be converted to a LIBOR Rate Loan Loans or that any existing LIBOR Rate Loan Loans continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and the Interest Period to be applicable to such LIBOR Rate Loans, provided that such request shall apply to the Term Loan or a portion of each Lender’s Pro Rata Share of the Term Loan. Subject to the terms and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference Rate Loans shall be converted to LIBOR Rate Loans ‑51‑ or such LIBOR Rate Loans shall continue, as the case may be, provided provided, that, (i) no Default or Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement pursuant Agreement, the Borrower shall have complied with such customary procedures as are established by Administrative Agent and specified by Administrative Agent to the terms hereofBorrower from time to time for requests by the Borrower for LIBOR Rate Loans, (iii) no more than five eight (5) 8) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 1,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Administrative Agent and each Lender shall have notified determined that the Borrower that Interest Period or LIBOR Rate Loans are unavailable pursuant is available to Section 2.11Administrative Agent and such Lender and can be readily determined as of the date of the request for such LIBOR Rate Loan by the Borrower. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained herein, the Administrative Agent and Lenders shall not be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall be deemed to apply as if the Administrative Agent and Lenders had purchased such deposits to fund the LIBOR Rate Loans.

Appears in 1 contract

Samples: Financing Agreement (Eagle Family Foods Inc)

Continuation and Conversion of Loans. (a) Provided that no Event of Default has occurred and is continuing, and except as provided in Article VIII, LIBOR Loans may be continued as LIBOR Loans from any current LIBOR Interest Period into a subsequent LIBOR Interest Period, and Loans of one type may be converted into Loans of another type in accordance with the provisions of this Agreement. The Borrower may from time shall deliver a Notice of Conversion/Continuation in the form of Exhibit C hereto (a "Notice of Conversion/Continuation") to time request LIBOR Rate Loans or may request that the Bank no later than 11:00 A.M. (Washington, D.C. time) at least one Domestic Business Day in advance of the date of the proposed date of conversion of a Loan that is to a Reference Daily Federal Funds Loan or a Prime Rate Loan be converted to and at least three LIBOR Business Days in advance of the date of the proposed conversion or continuation of a Loan into or as a LIBOR Rate Loan or that any existing LIBOR Rate Loan continue for an additional Interest Periodsubject to Section below. Such request from the Borrower to the Administrative Agent shall be in writing and A Notice of Conversion/Continuation shall specify the amount date of the LIBOR proposed conversion or continuation (which shall be a Domestic Business Day for Daily Federal Funds Loans and Prime Rate Loans or and a LIBOR Business Day for LIBOR Loans), the amount nature of the Reference Rate Loans proposed conversion or continuation, and in the case of a conversion to be converted to or continuation of a LIBOR Rate Loans or the amount of Loan, the LIBOR Rate Loans to be continued (subject to the limits set forth below) and the Interest Period to be applicable to such LIBOR Rate Loansthereto. In lieu of delivery of above-described Notice of Conversion/Continuation, the Borrower may give the Bank telephonic notice by the required time of any proposed conversion or continuation under this Section; provided that such request notice shall apply be promptly confirmed in writing by delivery of a Notice of Conversion/Continuation to the Term Bank on or before the proposed date of conversion or continuation. If the Borrower fails to deliver timely a Notice of Conversion/Continuation of continuation of a LIBOR Loan, the Borrower shall be deemed to have delivered to the Bank a Notice of Conversion/Continuation to convert such LIBOR Loan or to a portion of each Lender’s Pro Rata Share of the Term Daily Federal Funds Loan. Subject The Bank shall not incur any liability to Borrower in acting upon any telephonic notice referred to herein that the terms Bank believes in good faith to have been given by a duly authorized officer or other person authorized to act on behalf of Borrower or for otherwise acting in good faith under this Section 2.4(a) and conditions contained hereinupon conversion or continuation in accordance with this Agreement pursuant to any such telephonic notice, three (3) Business Days after receipt by the Administrative Agent of such Borrower shall have effected a request from the Borrower, such LIBOR Rate Loans shall be made conversion or Reference Rate Loans shall be converted to LIBOR Rate Loans ‑51‑ or such LIBOR Rate Loans shall continue, continuation as the case may bebe hereunder. A Notice of Conversion/Continuation for conversion to, provided thator continuation of, a LIBOR Loan (ior telephonic notice in lieu thereof) no Event of Default shall exist or have occurred be irrevocable and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or shall be bound to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained herein, the Lenders shall not be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loansaccordance therewith.

Appears in 1 contract

Samples: Credit Agreement (Criimi Mae Inc)

Continuation and Conversion of Loans. The Borrowers shall have the right at any time on prior irrevocable written or telex notice to the Bank as specified in this Agreement (ai) The Borrower may from time to time request LIBOR Rate Loans or may request that a Loan that is a Reference continue any Fixed Rate Loan be converted into a subsequent Interest Period, (ii) to a LIBOR convert any Fixed Rate Loan or that any existing LIBOR into another Fixed Rate Loan continue for an additional with a different Interest Period. Such request from Period or a Fluctuating Rate Loan (specifying, in the Borrower to the Administrative Agent shall be in writing and shall specify the amount case of the LIBOR a Fixed Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and Loan, the Interest Period to be applicable thereto), and (iii) to such LIBOR convert any Fluctuating Rate Loan into a Fixed Rate Loan (specifying the Interest Period to be applicable thereto), subject to the following: (a) in the case of a conversion of less than all of the outstanding Loans, provided the aggregate principal amount of Loans converted shall not be less than $100,000 and shall be an integral multiple thereof; (b) no Fixed Rate Loan shall be converted at any time other than at the end of an Interest Period applicable thereto; and (c) any portion of a Loan maturing or required to be prepaid in less than one (1) month may not be converted into or continued as a Fixed Rate Loan. In the event that the Borrowers shall not give notice to continue any Fixed Rate Loan into a subsequent Interest Period or convert any such request shall apply to the Term Loan into another Fixed Rate Loan or a portion of each Lender’s Pro Rata Share Fluctuating Rate Loan, on the last day of the Term Interest Period thereof, such Loan (unless prepaid) shall automatically be converted into a Fluctuating Rate Loan. Subject The Interest Period applicable to the terms and conditions contained herein, three (3) Business Days after receipt any Fixed Rate Loan resulting from a conversion or continuation shall be specified by the Administrative Agent Borrowers in the irrevocable notice delivered by the Borrowers pursuant to this Agreement; provided, however, that, if such notice does not specify either the type of such a request from Loan or the Borrower7 8 Interest Period to be applicable thereto, such LIBOR Rate Loans the Loan shall be made or Reference Rate Loans shall automatically be converted to LIBOR Rate Loans ‑51‑ into, or such LIBOR Rate Loans shall continuecontinued as, as the case may be, provided that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement a Fluctuating Rate Loan until such required information is furnished pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained hereinabove, the Lenders if an Event of Default shall not have occurred and is continuing, no Fixed Rate Loan may be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR continued into a subsequent Interest Period and no Fluctuating Rate market to fund any LIBOR Loan may be converted into a Fixed Rate Loans, but the provisions hereof shall be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loans.Loan. 2.7

Appears in 1 contract

Samples: Loan Agreement Loan Agreement (Fresh Juice Co Inc)

Continuation and Conversion of Loans. (a) The Borrower may from time to time request LIBOR Rate Loans or may request that a Loan that is a Reference Rate Loan be converted to a LIBOR Rate Loan or that any existing LIBOR Rate Loan continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent Lenders shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and the Interest Period to be applicable to such LIBOR Rate Loans, provided that such request shall apply to the Term Loan or a portion of each Lender’s Pro Rata Share of the Term Loan. Subject to the terms and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent each Lender of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference Rate Loans shall be converted to LIBOR Rate Loans ‑51‑ or such LIBOR Rate Loans shall continue, as the case may be, provided that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained herein, the Lenders shall not be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loans.

Appears in 1 contract

Samples: Financing Agreement (Delek US Holdings, Inc.)

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Continuation and Conversion of Loans. (aviii) The Borrower may from time to time request LIBOR Rate Loans or may request that a Loan that is a Reference Rate Loan be converted to a LIBOR Rate Loan or that any existing LIBOR Rate Loan Loans continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and the Interest Period to be applicable to such LIBOR Rate Loans, provided that such request shall apply to the Term Loan or a portion of each Lender’s Pro Rata Share of the Term Loan. Subject to the terms and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent (or the Collateral Agent, with respect to the Term Loans) of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference Rate Loans shall be converted to LIBOR Rate Loans ‑51‑ or such LIBOR Rate Loans shall continue, as the case may be, provided provided, that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement pursuant to the terms hereofAgreement, (iii) no more than five fifteen (515) Interest Periods ((A) in the case of Revolving Loans, no more than ten (10) Interest Periods, and (B) in the case of Term Loans B, no more than four (4) Interest Periods) may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 500,000 (or in the case of a Revolving Loan, $200,000) or an integral multiple of $500,000 100,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender the Administrative Agent (or the Collateral Agent, as applicable) shall not have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.112.09. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained herein, the Agents and Lenders shall not be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall be deemed to apply as if the Agents and Lenders had purchased such deposits to fund the LIBOR Rate Loans.

Appears in 1 contract

Samples: Financing Agreement (MDC Partners Inc)

Continuation and Conversion of Loans. (a) The Borrower may from shall have the right at any time on prior irrevocable written or telex notice to time request LIBOR Rate Loans or may request that the Bank as specified in this Agreement (i) to continue any Loan into a subsequent Interest Period, (ii) to convert any Eurodollar Loan that is into a Reference Fluctuating Rate Loan be converted and (iii) to a LIBOR convert any Fluctuating Rate Loan or that any existing LIBOR Rate into a Eurodollar Loan continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and specifying the Interest Period to be applicable thereto), subject to such LIBOR Rate the following: (a) in the case of a conversion of less than all of the outstanding Loans, provided that such request the aggregate principal amount of Loans converted shall apply to the Term Loan or a portion of each Lender’s Pro Rata Share of the Term Loan. Subject to the terms not be less than $100,000 and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference an integral multiple thereof; (b) no Loan (other than a Fluctuating Rate Loans Loan) shall be converted at any time other than at the end of an Interest Period applicable thereto; and (c) any portion of a Loan maturing or required to LIBOR be prepaid in less than one month may not be converted into or continued as a Eurodollar Loan. In the event that the Borrower shall not give notice to continue any Eurodollar Loan into a subsequent Interest Period or convert any such Loan into a Loan of another type, on the last day of the Interest Period thereof, such Loan (unless prepaid) shall automatically be converted into a Fluctuating Rate Loans ‑51‑ Loan. The Interest Period applicable to any Eurodollar Loan resulting from a conversation or continuation shall be specified by the Borrower in the irrevocable notice delivered by the Borrower pursuant to this Agreement; provided, however, that, if such LIBOR Rate Loans notice does not specify either the type of Loan or the Interest Period to be applicable thereto, the Loan shall continueautomatically be converted into, or continued as, as the case may be, provided that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement a Fluctuating Rate Loan until such required information is furnished pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained hereinabove, the Lenders if an Event of Default shall not have occurred and is continuing, no Eurodollar Loan may be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR construed into a subsequent Interest Period and no Fluctuating Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall Loan may be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loans.converted into a Eurodollar Loan. 2.11

Appears in 1 contract

Samples: Chyron Corp

Continuation and Conversion of Loans. (a) The Borrower may from shall have the right at any time on prior irrevocable written or telex notice to time request LIBOR Rate Loans or may request that the Bank as specified in this Agreement (i) to continue any Loan into a subsequent Interest Period, (ii) to convert any Eurodollar Loan that is into a Reference Fluctuating Rate Loan be converted and (iii) to a LIBOR convert any Fluctuating Rate Loan or that any existing LIBOR Rate into a Eurodollar Loan continue for an additional Interest Period. Such request from the Borrower to the Administrative Agent shall be in writing and shall specify the amount of the LIBOR Rate Loans or the amount of the Reference Rate Loans to be converted to LIBOR Rate Loans or the amount of the LIBOR Rate Loans to be continued (subject to the limits set forth below) and specifying the Interest Period to be applicable thereto), subject to such LIBOR Rate the following: (a) in the case of a conversion of less than all of the outstanding Loans, provided that such request the aggregate principal amount of Loans converted shall apply to the Term Loan or a portion of each Lender’s Pro Rata Share of the Term Loan. Subject to the terms not be less than $100,000 and conditions contained herein, three (3) Business Days after receipt by the Administrative Agent of such a request from the Borrower, such LIBOR Rate Loans shall be made or Reference an integral multiple thereof; (b) no Loan (other than a Fluctuating Rate Loans Loan) shall be converted at any time other than at the end of an Interest Period applicable thereto; and (c) any portion of a Loan maturing or required to LIBOR be prepaid in less than one month may not be converted into or continued as a Eurodollar Loan. In the event that the Borrower shall not give notice to continue any Eurodollar Loan into a subsequent Interest Period or convert any such Loan into a Loan of another type, on the last day of the Interest Period thereof, such Loan (unless prepaid) shall automatically be converted into a Fluctuating Rate Loans ‑51‑ Loan. The Interest Period applicable to any Eurodollar Loan resulting from a conversion or continuation shall be specified by the Borrower in the irrevocable notice delivered by the Borrower pursuant to this Agreement; provided, however, that, if such LIBOR Rate Loans notice does not specify either the type of Loan or the Interest Period to be applicable thereto, the Loan shall continueautomatically be converted into, or continued as, as the case may be, provided that, (i) no Event of Default shall exist or have occurred and be continuing, (ii) no party hereto shall have sent any notice of termination of this Agreement a Fluctuating Rate Loan until such required information is furnished pursuant to the terms hereof, (iii) no more than five (5) Interest Periods may be in effect at any one time, (iv) the aggregate amount of the LIBOR Rate Loans must be in an aggregate amount not less than $10,000,000 or an integral multiple of $500,000 in excess thereof and each Lender shall have a Pro Rata Share thereof, and (v) no Lender shall have notified the Borrower that LIBOR Rate Loans are unavailable pursuant to Section 2.11. Any request by or on behalf of the Borrower for LIBOR Rate Loans or to convert Reference Rate Loans to LIBOR Rate Loans or to continue any existing LIBOR Rate Loans shall be irrevocable. Notwithstanding anything to the contrary contained hereinabove, the Lenders if an Event of Default shall not have occurred and is continuing no Eurodollar Loan may be required to purchase United States Dollar deposits in the London interbank market or other applicable LIBOR continued into a subsequent Interest Period and no Fluctuating Rate market to fund any LIBOR Rate Loans, but the provisions hereof shall Loan may be deemed to apply as if the Lenders had purchased such deposits to fund the LIBOR Rate Loans.converted into a Eurodollar Loan. 2.11

Appears in 1 contract

Samples: Execution Copy Loan Agreement   Loan Agreement (Chyron Corp)

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