Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option: (i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties pay all amounts due under Section 2.17 in connection with any such conversion, or (ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Loan. (b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon (New York time) at least two Business Days in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 6 contracts
Sources: Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent the Agents no later than 12:00 noon (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Agents in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 6 contracts
Sources: Credit and Guaranty Agreement (Playboy, Inc.), Amendment No. 4 to Amended and Restated Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. The Administrative Agent shall promptly give each Lender written notice (or telephonic notice promptly confirmed in writing) of receipt of a Conversion/Continuation Notice and the matters covered by such Conversion/Continuation Notice.
Appears in 4 contracts
Sources: Credit Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.14 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of LoanType; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.14 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than 12:00 noon (New York City time) at least two Business Days in advance of on the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereofthereof to be confirmed in writing) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. Any conversion/continuation date shall be a Business Day.
Appears in 4 contracts
Sources: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing2.2.1, Lead Administrative Borrower shall have the option:
may, upon irrevocable written notice to Agent in accordance with clause (b) below, elect (i) as of any Business Day, to convert at any time all Loans (or any part thereof in an aggregate amount of any Term Loan equal to not less than $5,000,000 and 100,000 or a higher integral multiples multiple of $1,000,000 50,000) into Loans of the other type or (ii) as of the last day of the applicable Interest Period, to continue any LIBOR Loans having Interest Periods expiring on such day (or any part thereof in excess an aggregate amount not less than $100,000 or a higher integral multiple of that amount from one Type of Loan to another Type of Loan$50,000) for a new Interest Period; provided, that any conversion of a LIBOR Loan on a day other than the last day of an Interest Period therefor shall be subject to Section 3.5.
(b) Administrative Borrower shall give written or telephonic notice (followed immediately by written confirmation thereof) to Agent of each proposed conversion or continuation not later than (i) in the case of conversion into Base Rate Loan may only be converted Loans, noon New York time on the expiration proposed date of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties pay all amounts due under Section 2.17 in connection with any such conversion, or
conversion and (ii) in the case of conversion into or continuation of LIBOR Loans, noon New York time at least three Business Days prior to the proposed date of such conversion or continuation, specifying in each case in the form of a Conversion/Continuation Notice: (i) the proposed date of conversion or continuation; (ii) the aggregate amount of Loans to be converted or continued; (iii) the type of Loans resulting from the proposed conversion or continuation; and (iv) in the case of conversion into, or continuation of, LIBOR Loans, the duration of the requested Interest Period therefor.
(c) If upon the expiration of any Interest Period applicable to any LIBOR Loans, Borrowers have failed to timely select a new Interest Period to be applicable to such LIBOR Loans, Borrowers shall be deemed to have elected to convert such LIBOR Loans into Base Rate Loan, to continue all or any portion Loans effective on the last day of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate LoanInterest Period.
(bd) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon (New York time) at least two Business Days in advance will promptly notify each applicable Lender of the proposed conversion date (in the case its receipt of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance notice of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewithpursuant to this Section 2.2.3 or, if no timely notice is provided by Borrowers, of the details of any automatic conversion.
Appears in 4 contracts
Sources: Credit Agreement (Performance Health Holdings Corp.), Second Lien Credit Agreement (Performance Health Holdings Corp.), Credit Agreement (Performance Health Holdings Corp.)
Conversion/Continuation. (a) Subject Each conversion of Loans from one Type to another, and each continuation of SOFR Loans shall be made upon the Borrower’s irrevocable notice to the Administrative Agent, which may only be given in writing. Each such notice must be received by the Administrative Agent not later than 1:00 p.m. on the requested date of any conversion of SOFR Loans to Base Rate Loans and not later than 2:00 p.m. three Business Days prior to the requested date of continuation of any SOFR Loans or any conversion of Base Rate Loans to SOFR Loans. Each notice by the Borrower pursuant to this Section 2.17 2.05(a) must be delivered to the Administrative Agent in the form of a Conversion/Continuation Notice, appropriately completed and so long as no Default signed by a Responsible Officer of the Borrower. Each conversion to or Event continuation of Default SOFR Loans shall have occurred and then be continuing, Lead Borrower in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each conversion to Base Rate Loans shall have the option:
be in a principal amount of $500,000 or a whole multiple of $100,000 in excess thereof. Each Conversion/Continuation Notice shall specify (i) to convert at any time all or any part whether the Borrower is requesting a conversion of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount Loans from one Type to the other, or a continuation of Loan SOFR Loans, (ii) the requested date of the conversion or continuation, as the case may be (which shall be a Business Day), (iii) the principal amount of Loans to another be converted or continued, (iv) the Class of Loans to be converted or continued, (v) the Type of Loan; providedLoans to which such existing Loans are to be converted, that a LIBOR Rate Loan may only be converted on if applicable, and (vi) if applicable, the expiration duration of the Interest Period with respect thereto. If with respect to any SOFR Loans, the Borrower fails to give a timely notice requesting a conversion or continuation, then the applicable Loans shall be converted to Base Rate Loans. Any such LIBOR Rate Loan unless automatic conversion or continuation pursuant to the Loan Parties pay all amounts due under Section 2.17 immediately preceding sentence shall be effective as of the last day of the Interest Period then in connection effect with respect to the applicable SOFR Loans. If the Borrower requests a conversion to, or continuation of SOFR Loans in any such conversionConversion/Continuation Notice, or
(ii) upon the expiration of any but fails to specify an Interest Period, it will be deemed to have specified an Interest Period applicable to any LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Loanone month.
(b) Lead Borrower shall deliver Following receipt of a Conversion/Continuation Notice to Notice, the Administrative Agent no later than noon (New York time) at least two Business Days in advance shall promptly notify each applicable Lender of its Pro Rata Share of the proposed conversion date (in the case applicable Class of Loans, and if no timely notice of a conversion or continuation is provided by the Borrower, the Administrative Agent shall notify each Lender of the details of any automatic conversion to a Base Rate LoanLoans or continuation of Loans described in Section 2.05(a).
(c) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice SOFR Loan may be continued or converted only on the last day of an Interest Period for conversion tosuch SOFR Loan. Upon the occurrence and during the continuation of an Event of Default, the Administrative Agent or continuation of, any LIBOR Rate the Required Lenders may require by notice to the Borrower that no Loans (denominated in Dollars may be converted to or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewithcontinued as SOFR Loans.
Appears in 4 contracts
Sources: Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Allegro Microsystems, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent the Agents no later than 12:00 noon (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Agents in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurocurrency Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurocurrency Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurocurrency Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurocurrency Rate Loan; provided that, for the avoidance of doubt, no conversion or continuation of any Loan pursuant to this Section 2.09 shall affect the currency in which such Loan is denominated prior to any such conversion or continuation and each such Loan shall remain outstanding denominated in the currency originally issued.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 11:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and ), at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurocurrency Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurocurrency Rate Loans (or telephonic notice in lieu thereof) Loans, shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 3 contracts
Sources: Credit Agreement (PVH Corp. /De/), Credit Agreement (PVH Corp. /De/), Credit Agreement
Conversion/Continuation. (a) Subject to Section 2.17 2.15 (Making or Maintaining LIBO Rate Loans) and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) Borrower shall have the option to convert at any time all or any part of any Term Loan Loans, equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 in excess of that amount amount, from one Type of Loan to another Type of Loan; provided, provided that a LIBOR LIBO Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR LIBO Rate Loan unless the Loan Parties if Borrower shall pay all amounts due under Section 2.17 2.15 (Making or Maintaining LIBO Loans) in connection with any such conversion, ; or
(ii) in the case of LIBO Rate Loans, Borrower shall have the option upon the expiration of any Interest Period applicable to any LIBOR LIBO Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR LIBO Rate Loan.
(b) Lead Subject to Section 3.3 (Notices), Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 12:00 p.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR LIBO Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR LIBO Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy Inc), Revolving Credit Agreement (Cheniere Energy Inc)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing2.14, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan1,000,000; provided, that provided a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.14 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 2:00 p.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). A Conversion/Continuation Notice shall specify (i) the proposed conversion/continuation date (which shall be a Business Day), (ii) the amount and Type of Loan to be converted/continued, (iii) the nature of the proposed conversion/continuation, (iv) in the case of a conversion to, or a continuation of, a Eurodollar Rate Loan, the requested Interest Period, and (v) in the case of a conversion to, or a continuation of, a Eurodollar Rate Loan, if the Requisite Lenders request in writing, that no Default or Event of Default has occurred and is continuing. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. Neither the Administrative Agent nor any Lender shall incur any liability to the Borrower in acting upon any telephonic notice referred to above that the Administrative Agent believes in good faith to have been given by an Authorized Officer or other Person authorized to act on behalf of the Borrower or for otherwise acting in good faith under this Section 2.7(b), and upon conversion or continuation of the applicable basis for determining the interest rate with respect to any Loans in accordance with this Agreement pursuant to any such telephonic notice the Borrower shall have effected a conversion or continuation, as the case may be, hereunder.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Conversion/Continuation. (a) Subject to Section 2.17 2.16 (Making or Maintaining SOFR Rate Loans) and so long as no Default or Event of Default shall have occurred and then be continuing, Lead .
(i) Borrower shall have the option:
(i) option to convert at any time all or any part of any Term Loan Loans, equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Term SOFR Loan may only be converted on prior to the expiration of the Interest Period applicable to such LIBOR Rate Term SOFR Loan unless if the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.16 (Making or Maintaining SOFR Rate Loans) in connection with any such conversion, ; or
(ii) in the case of Term SOFR Loans, Borrower shall have the option upon the expiration of any Interest Period applicable to any LIBOR Rate Term SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Term SOFR Loan.
(b) Lead Subject to Section 3.3 (Notices), Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 12:00 p.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (date, in the case of a conversion to a Base Rate an ABR Loan) , and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date (Continuation Date, in the case of a conversion to, or a continuation of, a LIBOR Rate Term SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Term SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Borrowing Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be an ABR Loan.
(c) Each notice pursuant to this Section 2.8 (Conversion/Continuation) shall refer to this Agreement and specify (A) the identity, amount and currency of the Borrowing that the Borrower requests be converted or continued, (B) whether such Borrowing is to be converted to or continued as a Term SOFR Borrowing or an ABR Borrowing, (C) if such notice requests a conversion, the date of such conversion (which shall be a Business Day) and (D) if such Borrowing is to be converted to or continued as a Term SOFR Borrowing, the Interest Period with respect thereto. If no Interest Period is specified in any such notice with respect to any conversion to or continuation as a Term SOFR Borrowing, the Borrower shall be deemed to have selected an Interest Period of one month’s duration. The Administrative Agent shall advise the Lenders of any notice given pursuant to this Section 2.8 (Conversion/Continuation) and of each Lender’s portion of any converted or continued Borrowing. If the Borrower shall not have given notice in accordance with this Section 2.8 (Conversion/Continuation) to continue any Borrowing into a subsequent Interest Period (and shall not otherwise have given notice in accordance with this Section 2.8 (Conversion/Continuation) to convert such Borrowing), such Borrowing shall, at the end of the Interest Period applicable thereto (unless repaid pursuant to the terms hereof), automatically be converted or continued into an ABR Borrowing.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Cheniere Energy, Inc.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Conversion/Continuation. (a) Subject to Section 2.17 and so So long as no Default or Event of Default shall have occurred and then be continuingcontinuing or would result therefrom, Lead each Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a an Adjusted LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such Adjusted LIBOR Rate Loan unless the Loan Parties such Borrower shall pay all amounts due under Section 2.17 3.1(c) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any Adjusted LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a an Adjusted LIBOR Rate Loan.
(b) Lead The applicable Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon (New York time) at least two Business Days in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and 1:00 p.m. at least three (3) Business Days in advance of the proposed conversionConversion/continuation date (Continuation Date in the case of a conversion to, or a continuation of, a connection with any Adjusted LIBOR Rate Loan)Loan or one (1) Business Day in advance if only Base Rate Loans are subject to continuation or conversion. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any Adjusted LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead such Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Credit Agreement (FutureFuel Corp.), Credit Agreement (FutureFuel Corp.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the optionoption with respect to Term Loans:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that provided a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan that is a Term Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to Section 3.2, Borrower shall deliver a Conversion/Continuation Notice to Term Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion of a Term Loan to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion of a Term Loan to, or a continuation ofof a Term Loan that is, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Term Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Term Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Term Loan shall be a Base Rate Loan.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any borrowing of Term Loan Loans or Revolving Loans equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan Loans may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan Loans unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR borrowing of Eurodollar Rate LoanLoans, to continue all or any portion of such Loan Loans equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate LoanLoans.
(b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate LoanLoans) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate LoanLoans). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Hologic Inc)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and (other than in the case of a conversion of a SOFR Loan to a Base Rate Loan) so long as no Default or Event of Default shall will have occurred and then be continuing, Lead the Borrower shall will have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 50,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrower will pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 50,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead The Borrower shall will deliver a Conversion/Continuation Notice to the Administrative Agent by Electronic Transmission no later than noon 11:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) U.S. Government Securities Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall will be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall will be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Bioventus Inc.), Credit and Guaranty Agreement (Bioventus Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.16 and so long as no Default or Event of Default shall have occurred and then be continuingContinuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan the Loans equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.16(c) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate LoanLoans, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate LoanLoans.
(b) Lead Upon the occurrence and during the continuance of an Event of Default, each outstanding Eurodollar Rate Loan shall be converted to a Base Rate Loan upon the expiration of the applicable Interest Period.
(c) The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two Business Days in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/conversion to or continuation date (in the case of a Eurodollar Rate Loans or of any conversion to, or a continuation of, a LIBOR of Eurodollar Rate Loan)Loans to Base Rate Loans. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Home Loan Servicing Solutions, Ltd.)
Conversion/Continuation. (ai) Subject to Section 2.17 2.9 and so long as no Potential Event of Default or Event of Default shall have occurred and then be continuing, Lead Borrower each Credit Party shall have the option:
(ia) to convert at any time all or any part of any Term Loan equal to Borrowing of Dollar-Denominated Loans in an aggregate amount of $5,000,000 and or a higher integral multiples multiple of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a provided if any LIBOR Rate Loan may only be is converted on a day other than the expiration last day of the an Interest Period therefor, the applicable to such LIBOR Rate Loan unless the Loan Parties Credit Party shall pay all amounts due under Section 2.17 2.8 in connection with any such conversion, ; or
(iib) upon the expiration of any Interest Period applicable to any Borrowing LIBOR Rate LoanLoans, to continue all or any portion of such Loan equal to Loans in a minimum amount of $5,000,000 and or a higher integral multiples multiple of $1,000,000 in excess units of that amount the applicable currency as a LIBOR Rate LoanLoans.
(bii) Lead Borrower The applicable Credit Party shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 11:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate LoanLoans) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate LoanLoans). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower the applicable Credit Party shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Credit Agreement (Hospira Inc), Credit Agreement (Hospira Inc)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18(b) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. The Administrative Agent shall promptly give each Lender written notice (or telephonic notice promptly confirmed in writing) of receipt of a Conversion/Continuation Notice and the matters covered by such Conversion/Continuation Notice.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)
Conversion/Continuation. (a1) Subject to Section 2.17 Article III hereof, and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 3.04 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount as a LIBOR Eurodollar Rate Loan. In the event any Loan shall have been converted or continued in accordance with this Section 2.06 in part, such conversion or continuation shall be allocated ratably, in accordance with their Pro Rata Shares, among the Lenders holding the Loans comprising such Loan, and the Loans comprising each part of such Loan resulting from such conversion or continuation shall be considered a separate Loan. This Section 2.06 shall not apply to Swing Line Loans or Protective Advances, which may not be converted or continued.
(b2) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 2 contracts
Sources: Abl Credit Agreement (United States Steel Corp), Abl Credit Agreement (United States Steel Corp)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) The U.S. Borrower shall have the option to convert at any time all or any part of any U.S. Term Loan or Revolving Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties applicable Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) The Borrowers shall have the option upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of each applicable amount as a Eurodollar Rate Loan in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The applicable Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York timeLocal Time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan); provided, that, European Term Loans may only be continued as Eurodollar Rate Loans. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion toto (solely with respect to U.S. Term Loans), or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the applicable Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), First Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead .
(i) The applicable Borrower shall have the option:
(i) option to convert at any time all or any part of any Initial Term Loan Loan, in each case, equal to $5,000,000 and integral multiples of or greater than $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurocurrency Rate Loan may only be converted on the expiration of the Interest Period applicable to thereto unless such LIBOR Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) The applicable Borrower shall have the option upon the expiration of any Interest Period applicable to any LIBOR Eurocurrency Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of or greater than $1,000,000 in excess of that amount as a LIBOR Eurocurrency Rate Loan; provided, that, in each case, no such continuation or conversion shall be made in a different currency than the subject Borrowing.
(b) Lead The applicable Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two Business Days in advance of on the proposed conversion date (in the case of a conversion to a Base Rate Loan) and ), at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurocurrency Rate Loan)Loan in Dollars) and in the case of an election to convert to or continue as a Eurocurrency Rate Loan in Euros, four (4) Business Days before the date of the proposed conversion or continuation. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion toto (solely with respect to Initial Term Loans), or continuation of, any LIBOR Eurocurrency Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after 9:00 a.m. (New York City time) on the related Interest Rate Determination Date, Date and Lead such Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan .
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Concordia International Corp.), Credit and Guaranty Agreement
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) Borrower shall have the option to convert at any time all or any part of any Term Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) Borrower shall have the option upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of each applicable amount as a Eurodollar Rate Loan in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing2.19(b), Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.19(b) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 12:00 p.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan); provided, that, in the event Borrower fails to deliver a Conversion/Continuation Notice, the Borrower shall automatically be deemed to have delivered a Conversion/Continuation Notice for a conversion to, or continuation as, a SOFR Loan. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 2 contracts
Sources: Financing Agreement (BridgeBio Pharma, Inc.), Financing Agreement (BridgeBio Pharma, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon (New York City time) at least two Business Days in advance on the date of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation Continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith.
(c) Notwithstanding anything to the contrary in the foregoing, no conversion in whole or in part to a Eurodollar Rate Loan shall be permitted at any time at which (i) a Default or Event of Default shall have occurred and be continuing or (ii) the continuation of, or conversion into, a Eurodollar Rate Loan would violate any provision of Section 2.17.
Appears in 2 contracts
Sources: Senior Subordinated Bridge Loan Agreement (Source Interlink Companies Inc), Term Loan Agreement (Source Interlink Companies Inc)
Conversion/Continuation. (a) Subject to Section 2.17 and so So long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Rate Term Benchmark Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties pay all amounts due under Section 2.17 in connection with any such conversion, Term Benchmark Loan; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Term Benchmark Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Term Benchmark Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative the Agent no later than noon 10:00 a.m. (New York time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Term Benchmark Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Term Benchmark Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Notice of Borrowing or Conversion/Continuation Notice has not been delivered to the Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 2 contracts
Sources: Credit Agreement (Team Inc), First Lien Term Loan Credit Agreement (Team Inc)
Conversion/Continuation. (a) Subject to Section 2.17 2.14 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.14 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative the Administra-tive Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 250,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Company shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 250,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead Borrower Subject to Section 3.2(b), Company shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) U.S. Government Securities Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Company shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then, for that day, such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 1.14 and so long as (x) no Default or Event of Default shall have occurred and then be is continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that provided a LIBOR Rate Eurodollar Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Eurodollar Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 1.14 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Eurodollar Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Eurodollar Loan.
(b) Lead In order to exercise any conversion option pursuant to Section 1.4(a)(i) or continuation option pursuant to Section 1.4(a)(ii), Borrower shall deliver a Notice of Conversion/Continuation Notice to Administrative the Agent no later than noon 1:00 p.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate an ABR Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Eurodollar Loan). Except as otherwise provided herein, a Notice of Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Eurodollar Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If Borrower shall fail to give any required notice as described in Section 1.4(a) or if such continuation is not permitted pursuant thereto, such Loans shall be automatically converted to ABR Loans on the last day of such then expiring Interest Period.
Appears in 1 contract
Sources: Second Lien Term Loan Agreement (Penhall International Corp)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert convert, at any time time, all or any part of any Term Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that provided a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If, on any day, a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (TerraForm Power, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to Section 3.2(b), Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (TerraForm Power, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.16 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR LIBO Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR LIBO Rate Loan unless the Loan Parties Company shall pay all amounts due under Section 2.17 2.16 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR LIBO Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR LIBO Rate Loan.
(b) Lead Borrower Subject to Section 3.2(b), Company shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR LIBO Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR LIBO Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Company shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then, for that day, such Loan shall be a Base Rate Loan.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead each Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan (other than a Swing Loan or a Euribor Loan) equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 250,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties Xerium shall pay all amounts due under Section 2.17 2.18(c) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Loan or Euribor Loan, as applicable, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 (or its currency equivalent, calculated as of the last day of such Interest Period) and integral multiples of $1,000,000 250,000 (or its currency equivalent, calculated as of the last day of such Interest Period) in excess of that amount as a LIBOR Rate Loan or Euribor Loan, as applicable.
(b) Lead Such Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon (New York City time) at least two Business Days in advance on the date of the proposed conversion date (in the case of a conversion to a Base Rate an ABR Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan or a continuation of a Euribor Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans or continuation a Euribor Loan (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead such Borrower shall be bound to effect a conversion or continuation in accordance therewith.
(c) Notwithstanding anything to the contrary in the foregoing, (i) no conversion in whole or in part to a LIBOR Loan shall be permitted at any time at which a Default or Event of Default shall have occurred and be continuing and (ii) no continuation of, or conversion into, a LIBOR Loan or continuation of a Euribor Loan, shall be permitted at any time if such conversion or continuation would violate any provision of Sections 2.15 or 2.16.
(d) If a Default or Event of Default shall have occurred and be continuing, LIBOR Loans shall automatically convert to ABR Loans upon the expiration of the Interest Period applicable thereto.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent the Agents no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Agents in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (BlueLinx Holdings Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long 2.2.1, Borrower may, upon irrevocable written notice to Agent in accordance with clause (b) below, elect as no Default or Event of Default shall have occurred and then be continuingthe last day of the applicable Interest Period for any SOFR Loans, Lead Borrower shall have the option:
to continue any SOFR Loans having Interest Periods expiring on such day (i) to convert at any time all or any part thereof in an aggregate principal amount of any Term Loan equal to at least $5,000,000 1,000,000 and an integral multiples multiple of $1,000,000 500,000 in excess thereof) for a new Interest Period; provided that any conversion of that amount from one Type of a SOFR Loan to another Type of Loan; provided, that on a LIBOR Rate Loan may only be converted on day other than the expiration last day of the Interest Period applicable therefor then in effect shall be subject to Section 3.5.
(b) Borrower shall give written notice (via facsimile, electronic mail or E-System) to Agent of each proposed conversion or continuation not later than 11:00 a.m. at least three (3) Business Days prior to the proposed date of such LIBOR Rate Loan unless conversion or continuation, specifying in each case in the Loan Parties pay all amounts due under Section 2.17 in connection with any such conversionform of a Conversion/Continuation Notice: (i) the proposed date of conversion or continuation, or
which shall be a Business Day; (ii) the aggregate principal amount of Loans to be converted or continued; (iii) the Type of Loans resulting from the proposed conversion or continuation; and (iv) the duration of the requested Interest Period therefor.
(c) If, upon the expiration of any Interest Period applicable to SOFR Loans, ▇▇▇▇▇▇▇▇ has failed to timely select a new Interest Period to be applicable to such SOFR Loans, Borrower shall be deemed to have elected to continue such SOFR Loans with a new Interest Period of one (1) month effective on the last day of the Interest Period then in effect. If no Interest Period is elected for any LIBOR Rate SOFR Loan, Borrower shall be deemed to continue all or any portion have elected an Interest Period of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Loanone (1) month.
(bd) Lead Borrower shall deliver Agent will promptly notify each applicable Lender of its receipt of a Conversion/Continuation Notice pursuant to Administrative Agent this Section 2.2.3 or, if no later than noon (New York time) at least two Business Days in advance timely notice is provided by ▇▇▇▇▇▇▇▇, of the proposed conversion date (in the case details of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed any automatic conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 1 contract
Sources: Loan and Security Agreement (Microvast Holdings, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Term SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Term SOFR Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Term SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Term SOFR Loan; provided that, for the avoidance of doubt, no conversion or continuation of any Loan pursuant to this Section 2.09 shall affect the currency in which such Loan is denominated prior to any such conversion or continuation and each such Loan shall remain outstanding denominated in the currency originally issued.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 11:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) ), and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate Term SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) Term SOFR Loans, shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 1 contract
Sources: Credit Agreement (PVH Corp. /De/)
Conversion/Continuation. (a) Subject to Section 2.17 and so So long as no Default or Event of Default shall have occurred and then be continuingcontinuing or would result therefrom, Lead the Borrower shall have the option:
(i) to convert at any time all all, or any part part, of any Term Loan equal to One Hundred Thousand Dollars ($5,000,000 100,000) and integral multiples of Fifty Thousand Dollars ($1,000,000 50,000) in excess of that amount thereof from one Type of Loan to another Type of Loan; provided, that a that, an Adjusted LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such Adjusted LIBOR Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 3.1(c) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any Adjusted LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a an Adjusted LIBOR Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon (New York time) at least two Business Days in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and 1:00 p.m. at least three (3) Business Days in advance of the proposed conversionConversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan)Continuation Date. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any Adjusted LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 1 contract
Sources: Credit Agreement (Heritage Insurance Holdings, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 50,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties Company shall pay all amounts due under Section 2.17 2.17(c) in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 50,000 in excess of that amount as a LIBOR Rate Loan.
(b) Lead Borrower Company shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Company shall be bound to effect a conversion or continuation in accordance therewith unless Company shall pay all amounts due under Section 2.17(c) in connection therewith.
(c) This Section 2.08 shall not apply to Protective Advances, which may not be converted or continued.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Madison Square Garden Co)
Conversion/Continuation. (a) Subject to Section 2.17 2.16 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower the Company Representative shall have the option:
(i) to convert at any time all or any part of any Multi-Draw Term Loan or Revolving Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR LIBO Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR LIBO Rate Loan unless the Loan Parties Companies shall pay all amounts due under Section 2.17 2.16 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR LIBO Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR LIBO Rate Loan.
(b) Lead Borrower Subject to Section 3.2(b), the Company Representative shall deliver a Conversion/Conversion/ Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR LIBO Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR LIBO Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower the Companies shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then, for that day, such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (OneWater Marine Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to Section 3.3(b), Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (8point3 Energy Partners LP)
Conversion/Continuation. (a) 2.6.1. Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 (in excess of that an amount permitted by Section 2.1(b)(iii)) from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Term Benchmark Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Term Benchmark Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Term Benchmark Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 (in excess of that an amount permitted by Section 2.1(b)(iii)) as a LIBOR Rate Term Benchmark Loan.
2.6.2. Subject to clause (bc) Lead below, the Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 2:00 p.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate Term Benchmark Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Term Benchmark Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
2.6.3. Any Conversion/Continuation Notice shall be executed by a Responsible Officer of the Borrower in a writing delivered to the Administrative Agent. In lieu of delivering a Conversion/Continuation Notice, the Borrower may give the Administrative Agent telephonic notice by the required time of such proposed conversion or continuation, as the case may be; provided each such notice shall be promptly confirmed in writing by delivery of the applicable Conversion/Continuation Notice to the Administrative Agent on or before the close of business on the date that the telephonic notice is given. In the event of a discrepancy between the telephone notice and the written Conversion/Continuation Notice, the written Conversion/Continuation Notice shall govern. In the case of any Conversion/Continuation Notice that is irrevocable once given, if the Borrower provides telephonic notice in lieu thereof, such telephone notice shall also be irrevocable once given. Neither the Administrative Agent nor any Lender shall incur any liability to the Borrower in acting upon any telephonic notice referred to above that the Administrative Agent believes in good faith to have been given by a duly authorized officer or other person authorized on behalf of the Borrower or for otherwise acting in good faith.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no neither (x) a Default or an Event of Default under Section 7.01(b), Section 7.01(c), Section 7.01(h) or Section 7.01(i) shall have occurred and
(i) any other Event of Default shall have occurred and then be continuingcontinuing at such time and (ii) the Administrative Agent or the Required Lenders shall have determined in their sole discretion not to permit conversions to or continuations of LIBOR Loans pursuant to this Section 2.08(a), Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan in a minimum amount equal to $5,000,000 250,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; providedprovided that, that a LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Loan, to continue all or any portion of such Loan in a minimum amount equal to $5,000,000 250,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Rate Loan.
(b) Lead In order to exercise any conversion option pursuant to Section 2.08(a)(i) or continuation option pursuant to Section 2.08(a)(ii), the Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 11:00 a.m. (New York City time) at least two three Business Days in advance of the proposed conversion date (in the case of a conversion to a Base Rate an ABR Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Dateirrevocable, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If the Borrower shall fail to give any required notice as described in this Section 2.08(b) or if such continuation is not permitted pursuant to Section 2.08(a), such Loans shall be automatically converted to ABR Loans on the last day of such then expiring Interest Period.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 2.19 and so long as no the Administrative Agent, at the direction of the Required Lenders, has not delivered a notice to the Borrower after a Default or Event of Default shall have occurred and then be continuingcontinuing withdrawing such option, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan of any Class (other than any Swing Line Loan) equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.19 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to Section 4.2(b), the Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 2:00 p.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit Agreement (Intrawest Resorts Holdings, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing2.18, Lead Borrower Borrowers shall have the option:
(i) 1. to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 and integral multiples in a minimum amount of $1,000,000 in excess and minimum increments of that amount $100,000, from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrowers shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion; provided, further, that, if so elected in a writing by Administrative Agent or Requisite Lenders to Borrowers, no Loan may be converted to a SOFR Loan at any time when an Event of Default has occurred that is continuing; or
(ii) 2. upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples in a minimum amount of $1,000,000 in excess and minimum increments of that amount $100,000, as a LIBOR Rate SOFR Loan; provided, that, if so elected in a |US-DOCS\156088095.5|| writing by Administrative Agent or Requisite Lenders to Borrowers, no SOFR Loan may be continued as a SOFR Loan at any time when an Event of Default has occurred that is continuing.
(b) Lead Subject to Section 3.2(b), Borrower Representative shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 11:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan or an RFR Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Borrowers shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Ladder Capital Corp)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead each Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 250,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 250,000 in excess of that amount as a LIBOR Rate Loan.
(b) Lead Such Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon (New York City time) at least two Business Days in advance on the date of the proposed conversion date (in the case of a conversion to a Base Rate an ABR Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead such Borrower shall be bound to effect a conversion or continuation in accordance therewith.
(c) Notwithstanding anything to the contrary in the foregoing, no conversion in whole or in part to a LIBOR Loan shall be permitted at any time at which (i) a Default or Event of Default shall have occurred and be continuing or (ii) the continuation of, or conversion into, a LIBOR Loan would violate any provision of Sections 2.15 or 2.16.
(d) If a Default or Event of Default shall have occurred and be continuing, LIBOR Loans shall automatically convert to ABR Loans upon the expiration of the Interest Period applicable thereto.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to Section 3.2(b), Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing2.18, Lead Borrower Borrowers shall have the option:
(i) to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 and integral multiples in a minimum amount of $1,000,000 in excess and minimum increments of that amount $100,000, from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrowers shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion; provided, further, that, if so elected in a writing by Administrative Agent or Requisite Lenders to Borrowers, no Loan may be converted to a SOFR Loan at any time when an Event of Default has occurred that is continuing; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples in a minimum amount of $1,000,000 in excess and minimum increments of that amount $100,000, as a LIBOR Rate SOFR Loan; provided, that, if so elected in a writing by Administrative Agent or Requisite Lenders to Borrowers, no SOFR Loan may be continued as a SOFR Loan at any time when an Event of Default has occurred that is continuing.
(b) Lead Subject to Section 3.2(b), Borrower Representative shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 11:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan or an RFR Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Borrowers shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Ladder Capital Corp)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead .
(i) The applicable Borrower shall have the option:
(i) option to convert at any time all or any part of any Initial Term Loan Loan, in each case, equal to $5,000,000 and integral multiples of or greater than $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurocurrency Rate Loan may only be converted on the expiration of the Interest Period applicable to thereto unless such LIBOR Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) The applicable Borrower shall have the option upon the expiration of any Interest Period applicable to any LIBOR Eurocurrency Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of or greater than $1,000,000 in excess of that amount as a LIBOR Eurocurrency Rate Loan; provided, that, in each case, no such continuation or conversion shall be made in a different currency than the subject Borrowing.
(b) Lead The applicable Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two Business Days in advance of on the proposed conversion date (in the case of a conversion to a Base Rate Loan) and ), at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurocurrency Rate Loan)Loan in Dollars) and in the case of an election to convert to or continue as a Eurocurrency Rate Loan in Euros, four (4) Business Days before the date of the proposed conversion or continuation. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion toto (solely with respect to Initial Term Loans), or continuation of, any LIBOR Eurocurrency Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after 9:00 a.m. (New York City time) on the related Interest Rate Determination Date, Date and Lead such Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Concordia International Corp.)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent the Agents no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Conversion/Continuation Notice has been delivered to the Agents but no Interest Period has been selected, it shall be an Interest Period of one month. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Agents in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan unless the Loan Parties Borrowers shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate Loan.
(b) Lead Borrower Company shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Borrowers shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 1 contract
Sources: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing2.14, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan1,000,000; provided, that provided a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.14 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 2:00 p.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). A Conversion/Continuation Notice shall specify (i) the proposed conversion/continuation date (which shall be a Business Day), (ii) the amount and Type of Loan to be converted/continued, (iii) the nature of the proposed conversion/continuation, (iv) in the case of a conversion to, or a continuation of, a SOFR Loan, the requested Interest Period, and (v) in the case of a conversion to, or a continuation of, a SOFR Loan, if the Requisite Lenders request in writing, that no Default or Event of Default has occurred and is continuing. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the date on which the related Interest Rate Determination Dateinterest rate is determined, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. Neither the Administrative Agent nor any Lender shall incur any liability to the Borrower in acting upon any telephonic notice referred to above that the Administrative Agent believes in good faith to have been given by an Authorized Officer or other Person authorized to act on behalf of the Borrower or for otherwise acting in good faith under this Section 2.7(b), and upon conversion or continuation of the applicable basis for determining the interest rate with respect to any Loans in accordance with this Agreement pursuant to any such telephonic notice the Borrower shall have effected a conversion or continuation, as the case may be, hereunder.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) subject to the limitations set forth in Section 2.2(b)(v), to convert at any time all or any part of any Term Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to the last paragraph of Section 3.1, Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon (New York timeby the time that a Funding Notice would be required under Section 2.2(b)(ii) at least two Business Days in advance if Borrower were requesting a borrowing of Term Loans of the proposed conversion date (in the case Type of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionLoan resulting from such Conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate Loan)Continuation Notice. Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Term Loan and Guaranty Agreement (TerraForm Power, Inc.)
Conversion/Continuation. (a1) Subject to Section 2.17 Article III hereof, and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any Term Revolving Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 3.04 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount as a LIBOR Eurodollar Rate Loan. In the event any Loan shall have been converted or continued in accordance with this Section 2.06 in part, such conversion or continuation shall be allocated ratably, in accordance with their Pro Rata Shares, among the Lenders holding the Loans comprising such Loan, and the Loans comprising each part of such Loan resulting from such conversion or continuation shall be considered a separate Loan. This Section 2.06 shall not apply to Swing Line Loans or Protective Advances, which may not be converted or continued.
(b2) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:0011:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with 143 respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 (in excess of that an amount permitted by Section 2.1(b)(iii)) from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate Term Benchmark Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Term Benchmark Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate Term Benchmark Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 (in excess of that an amount permitted by Section 2.1(b)(iii)) as a LIBOR Rate Term Benchmark Loan.
(b) Lead Subject to clause (c) below, the Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon 2:00 p.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Rate Term Benchmark Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Term Benchmark Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
(c) Any Conversion/Continuation Notice shall be executed by a Responsible Officer of the Borrower in a writing delivered to the Administrative Agent. In lieu of delivering a Conversion/Continuation Notice, the Borrower may give the Administrative Agent telephonic notice by the required time of such proposed conversion or continuation, as the case may be; provided each such notice shall be promptly confirmed in writing by delivery of the applicable Conversion/Continuation Notice to the Administrative Agent on or before the close of business on the date that the telephonic notice is given. In the event of a discrepancy between the telephone notice and the written Conversion/Continuation Notice, the written Conversion/Continuation Notice shall govern. In the case of any Conversion/Continuation Notice that is irrevocable once given, if the Borrower provides telephonic notice in lieu thereof, such telephone notice shall also be irrevocable once given. Neither the Administrative Agent nor any Lender shall incur any liability to the Borrower in acting upon any telephonic notice referred to above that the Administrative Agent believes in good faith to have been given by a duly authorized officer or other person authorized on behalf of the Borrower or for otherwise acting in good faith.
Appears in 1 contract
Sources: Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Conversion/Continuation. (a) Subject to Section Sections 2.07(c), 2.17 and 2.27 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Borrowers shall have the option:
(i) to convert at any time all or any part of any Term Loan (other than Swing Line Loans, which shall at all times be Base Rate Loans) equal to $5,000,000 100,000 and integral multiples of $1,000,000 50,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrowers pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 50,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead Borrower Representative shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon (New York time) 12:00 p.m. at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Borrowers shall be bound to effect a conversion or continuation in accordance therewith.
(c) In the event Borrower Representative fails to specify between a Base Rate Loan or a SOFR Loan in the applicable Conversion/Continuation Notice, such Loan (if outstanding as a SOFR Loan) will be automatically converted into a SOFR Loan with an Interest Period of one month on the last day of the then-current Interest Period for such Loan (or if outstanding as a Base Rate Loan will remain as a Base Rate Loan). In the event Borrower Representative fails to specify an Interest Period for any SOFR Loan in the applicable Conversion/Continuation Notice, Borrower Representative shall be deemed to have selected an Interest Period of one month.
(d) During the existence of an Event of Default, no Loans may be converted to or continued as SOFR Loans without the consent of the Requisite Lenders.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) to convert at any time all or any part of any the Term Loan Loans equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Companies shall have the option:
: (i) to convert at any time all or any part of any Term Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 250,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Companies shall pay all amounts due under Section 2.17 2.17(d) in connection with any such conversion, or
; or (ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 500,000 and integral multiples of $1,000,000 250,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead Borrower Subject to Section 3.2(b), Credit Party Representative shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 1:00 p.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) Loan and at least three (3) Business Days in advance of the proposed conversion/conversion or continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Companies shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or a Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then, for that day, such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent the Agents no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Conversion/Continuation Notice has been delivered to the Administrative Agent but no Interest Period has been selected, it shall be an Interest Period of one month. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to the Agents in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then that Loan shall be a Eurodollar Rate Loan with an Interest Period of one month.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 and integral multiples of $1,000,000 5,000,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Company shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 5,000,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead Borrower Company shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 12:00 p.m. (New York City time) at least two one (1) Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Company shall be bound to effect a conversion or continuation in accordance therewith. If no Conversion/Continuation Notice is delivered at the end of an Interest Period for any Loan, such Loan shall be continued as a SOFR Loan with an Interest Period of three months.
Appears in 1 contract
Sources: Financing Agreement (Apellis Pharmaceuticals, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.17, and so long as no Default or Event of Default shall have has occurred and then be is continuing, Lead and notice has not been given to the Borrower by the Administrative Agent in writing pursuant to Section 2.7(c), the Borrower shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 1,000,000, and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, provided that a LIBOR Rate SOFR Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate SOFR Loan unless the Loan Parties Borrower shall pay all any amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Rate SOFR Loan, to continue all or any portion of such Loan equal to $5,000,000 and integral multiples of $1,000,000 in excess of that amount as a LIBOR Rate SOFR Loan.
(b) Lead The Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than 12:00 noon (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate SOFR Loan) (or, in each case, such shorter period in advance of such conversion/continuation date as the Administrative Agent may agree in its sole discretion). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate SOFR Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith.
Appears in 1 contract
Sources: Credit Agreement (Keypath Education International, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part of any Term Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR LIBO Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR LIBO Rate Loan unless the Loan Parties Company shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR LIBO Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 100,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR LIBO Rate Loan.
(b) Lead Borrower Subject to Section 3.2(b), Company shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR LIBO Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR LIBO Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Company shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then, for that day, such Loan shall be a Base Rate Loan.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) BorrowerBorrowers shall have the option to convert at any time all or any part of any Term Loan denominated in Dollars equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurocurrency Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurocurrency Rate Loan unless the Loan Parties applicable Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) BorrowerBorrowers shall have the option upon the expiration of any Interest Period applicable to any LIBOR Eurocurrency Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount as a LIBOR Eurocurrency Rate Loan.
(b) Lead Subject to Section 3.2(b), the Borrower Representative shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York timeLocal Time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurocurrency Rate Loan). Except as otherwise provided hereinherein or as agreed to by the Administrative Agent, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurocurrency Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead each Borrower shall be bound to effect a conversion or continuation in accordance therewith. All conversions and continuations shall be allocated among the Lenders of the applicable Class ratably in accordance with, as applicable, the Term Loan Exposures.
Appears in 1 contract
Conversion/Continuation. (a) Subject to Section 2.17 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower Company shall have the option:
(i) to convert at any time all or any part portion of any Term Loan Note equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 250,000 in excess of that amount from one Type of Loan a Base Rate Portion to another Type of Loana LIBO Rate Portion or from a LIBO Rate Portion to a Base Rate Portion; provided, that a LIBOR LIBO Rate Loan Portion may only be converted on the expiration of the Interest Period applicable to such LIBOR LIBO Rate Loan Portion unless the Loan Parties Company shall pay all amounts due under Section 2.17 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR LIBO Rate LoanPortion, to continue all or any portion of such Loan Note equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 250,000 in excess of that amount as a LIBOR LIBO Rate LoanPortion.
(b) Lead Borrower Subject to Section 3.2(b), Company shall deliver a Conversion/Continuation Notice to Administrative Collateral Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a the Base Rate LoanRate) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR LIBO Rate LoanPortion). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR LIBO Rate Loans (or telephonic notice in lieu thereof) Portion shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower Company shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Note is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Purchasers in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then, for that day, such Note shall bear interest at the Base Rate.
Appears in 1 contract
Conversion/Continuation. (ai) Subject to Section 2.17 2.6 and so long as no Potential Event of Default or Event of Default shall have occurred and then be continuing, Lead the Borrower shall have the option:
(ia) to convert at any time all or any part of any Term Loan Borrowing, in an amount equal to $5,000,000 and or a higher integral multiples multiple of $1,000,000 in excess of that amount 1,000,000, from one Type of Loan to another the other Type of Loan; provided, provided that a LIBOR Rate Loan Term Benchmark Loans may only be converted on the expiration of the Interest Period applicable to such LIBOR Rate Loan Term Benchmark Loans unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.6 in connection with any such conversion, ; or
(iib) upon the expiration of any Interest Period applicable to any LIBOR Rate LoanBorrowing of Term Benchmark Loans, to continue all or any portion of such Loan Borrowing in an amount equal to $5,000,000 and or a higher integral multiples multiple of $1,000,000 in excess of that amount as Term Benchmark Loans for a LIBOR Rate Loannew Interest Period.
(bii) Lead The Borrower shall deliver a Conversion/Continuation Notice to the Administrative Agent no later than noon (New York time) 11:00 a.m. at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate LoanLoans) and at least three (3) Business Days in advance of the proposed conversion/continuation date (in the case of a conversion to, or a continuation of, a LIBOR Rate LoanTerm Benchmark Loans). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Rate Term Benchmark Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead the Borrower shall be bound to effect a conversion or continuation in accordance therewith. Each Conversion/Continuation Notice shall be irrevocable and in writing and shall specify the following information:
(a) the Borrowing to which such Conversion/Continuation Notice applies and, if different options are being elected with respect to different portions thereof, the portions thereof to be allocated to each resulting Borrowing (in which case the information to be specified pursuant to clauses (c) and (d) below shall be specified for each resulting Borrowing);
(b) the effective date of the election made pursuant to such Notice of Conversion/Continuation, which shall be a Business Day;
(c) whether the resulting Borrowing is to be a Base Rate Borrowing or a Term Benchmark Borrowing (d) if the resulting Borrowing is a Term Benchmark Borrowing, the Interest Period to be applicable thereto after giving effect to such election, which shall be a period contemplated by the definition of the term “Interest Period” set forth in Section 2.2B.
(iii) Promptly following receipt of an Conversion/Continuation Notice, the Administrative Agent shall advise each Lender of the details thereof and of such Lender’s portion of each resulting Borrowing.
(iv) If the Borrower fails to deliver a timely Conversion/Continuation Notice with respect to a Term Benchmark Borrowing prior to the end of the Interest Period applicable thereto, then, unless such Borrowing is repaid as provided herein, at the end of such Interest Period such Borrowing shall be deemed to have an Interest Period that is one month. Notwithstanding any contrary provision hereof, if an Event of Default has occurred and is continuing and the Administrative Agent, at the request of the Requisite Lenders, so notifies the Borrower, then, so long as an Event of Default is continuing (i) no outstanding Borrowing may be converted to or continued as a Term Benchmark Borrowing and (ii) unless repaid, (A) each Term Benchmark Borrowing and (B) each RFR Borrowing shall be converted to a Base Rate Borrowing (in the case of a Term Benchmark Borrowing) at the end of the Interest Period applicable thereto or (in the case of an RFR Borrowing) on the next Interest Payment Date in respect thereof.
Appears in 1 contract
Sources: Credit Agreement (Assurant, Inc.)
Conversion/Continuation. (a) Subject to Section 2.17 2.15 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:
(i) Borrower shall have the option to convert at any time all or any part of any Term Loan denominated in Dollars equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurocurrency Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurocurrency Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.15 in connection with any such conversion, ; or
(ii) Borrower shall have the option upon the expiration of any Interest Period applicable to any LIBOR Eurocurrency Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 1,000,000 and integral multiples of $1,000,000 500,000 in excess of that amount as a LIBOR Eurocurrency Rate Loan.
(b) Lead Subject to Section 3.2(b), Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York timeLocal Time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurocurrency Rate Loan). Except as otherwise provided hereinherein or as agreed to by the Administrative Agent, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurocurrency Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. All conversions and continuations shall be allocated among the Lenders of the applicable Class ratably in accordance with, as applicable, the Term Loan Exposures.
Appears in 1 contract
Sources: Credit and Guarantee Agreement (Kraton Performance Polymers, Inc.)
Conversion/Continuation. the option:
(a) Subject to Section 2.17 2.18 and so long as no Default or Event of Default shall have occurred and then be continuing, Lead Borrower shall have the option:have
(i) to convert at any time all or any part of any Term Loan or Revolving Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount from one Type of Loan to another Type of Loan; provided, that a LIBOR Eurodollar Rate Loan may only be converted on the expiration of the Interest Period applicable to such LIBOR Eurodollar Rate Loan unless the Loan Parties Borrower shall pay all amounts due under Section 2.17 2.18 in connection with any such conversion, ; or
(ii) upon the expiration of any Interest Period applicable to any LIBOR Eurodollar Rate Loan, to continue all or any portion of such Loan equal to $5,000,000 2,000,000 and integral multiples of $1,000,000 100,000 in excess of that amount as a LIBOR Eurodollar Rate Loan.
(b) Lead Subject to Section 3.2(b), Borrower shall deliver a Conversion/Continuation Notice to Administrative Agent no later than noon 10:00 a.m. (New York City time) at least two one Business Days Day in advance of the proposed conversion date (in the case of a conversion to a Base Rate Loan) and at least three (3) Business Days in advance of the proposed conversionConversion/continuation date Continuation Date (in the case of a conversion to, or a continuation of, a LIBOR Eurodollar Rate Loan). Except as otherwise provided herein, a Conversion/Continuation Notice for conversion to, or continuation of, any LIBOR Eurodollar Rate Loans (or telephonic notice in lieu thereof) shall be irrevocable on and after the related Interest Rate Determination Date, and Lead Borrower shall be bound to effect a conversion or continuation in accordance therewith. If on any day a Loan is outstanding with respect to which a Funding Notice or Conversion/Continuation Notice has not been delivered to Administrative Agent in accordance with the terms hereof specifying the applicable basis for determining the rate of interest, then for that day such Loan shall be a Base Rate Loan.
Appears in 1 contract
Sources: Credit and Guaranty Agreement