Common use of Conversions or Continuations of Loans Clause in Contracts

Conversions or Continuations of Loans. (a) Subject to Section 4.04, the Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (i) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.05; (ii) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 and (iii) subject to Sections 5.01(a) and 5.03, any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued as, as the case may be, Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 10 contracts

Samples: Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc)

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Conversions or Continuations of Loans. (a1) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5); and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan Loan, for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 2 contracts

Samples: Loan Agreement (Morgans Hotel Group Co.), Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Conversions or Continuations of Loans. (a1) Subject to Section 4.042.8(4), the Section 2.9(2) and Section 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(aSection 2.9(1) and 5.03Section 2.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (Maguire Properties Inc)

Conversions or Continuations of Loans. (a1) Subject to Section 4.042.6(3), the Section 2.7(2) and Section 2.7(3), Lead Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Lead Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.6(4); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.7(5) and (iiic) subject to Sections 5.01(aSection 2.7(1) and 5.03Section 2.7(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Lead Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 2 contracts

Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Assignment and Assumption (Acadia Realty Trust)

Conversions or Continuations of Loans. (a1) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Lead Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Lead Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Lead Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 2 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

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Conversions or Continuations of Loans. (a) Subject to Section 4.04, the Borrower and Co-Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (i) the Borrower or Co-Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.05; (ii) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower or Co-Borrower complies with the terms of Section 5.05 and (iii) subject to Sections 5.01(a) and 5.03, any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Lenders shall) suspend the right of the Borrower and Co-Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued as, as the case may be, Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 1 contract

Samples: Loan Agreement (Douglas Emmett Inc)

Conversions or Continuations of Loans. (a) Subject to Section 4.04Sections 2.8(4), the 2.9(2) and 2.9(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.8(5); (iib) Eurodollar LIBOR-based Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.9(5) and (iiic) subject to Sections 5.01(a2.9(1) and 5.032.9(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Absent instructions from Borrower to Convert Loans of one Type into Loans of another Type, Loans of one Type shall Continue as Loans of the same Type for the same duration. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar LIBOR-based Loan, or to Continue any Loan as a Eurodollar LIBOR-based Loan for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole and absolute discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

Conversions or Continuations of Loans. (a) Subject to Section 4.04Sections 2.7(4), the 2.8(2) and 2.8(3), Borrower shall have the right to Convert Loans of one Type into Loans of another Type or Continue Loans of one Type as Loans of the same Type, at any time or from time to time; provided that: (ia) the Borrower shall give the Administrative Agent notice of each such Conversion or Continuation as provided in Section 4.052.7(5); (iib) Eurodollar Loans may be Converted only on the last day of an Interest Period for such Loans unless the Borrower complies with the terms of Section 5.05 2.8(5); and (iiic) subject to Sections 5.01(a2.8(1) and 5.032.8(3), any Conversion or Continuation of Loans shall be pro rata among the Lenders. Notwithstanding the foregoing, and without limiting the rights and remedies of the Administrative Agent and the Lenders under Article XII11, in the event that any Event of Default exists, the Administrative Agent may (and at the request of the Required Majority Lenders shall) suspend the right of the Borrower to Convert any Loan into a Eurodollar Loan, or to Continue any Loan as a Eurodollar Loan Loan, for so long as such Event of Default exists, in which event all Loans shall be Converted (on the last day(s) of the respective Interest Periods therefor) into, or Continued asContinued, as the case may be, as Base Rate Loans. In connection with any such Conversion, a Lender may (at its sole discretion) transfer a Loan from one Applicable Lending Office to another.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

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