Common use of Failure to Elect Clause in Contracts

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowing, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 12 contracts

Samples: Senior Secured Revolving Credit Agreement (Medley Capital Corp), Senior Secured Revolving Credit Agreement (Capitala Finance Corp.), Secured Revolving Credit Agreement (Capitala Finance Corp.)

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Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 8 contracts

Samples: Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp), Secured Revolving Credit Agreement (Fifth Street Finance Corp), Senior Secured Revolving Credit Agreement (Fifth Street Finance Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower requested Borrowing shall be deemed to have selected a Eurocurrency Borrowing having an Interest Period of one (1) month’s duration.

Appears in 7 contracts

Samples: Secured Revolving Credit Agreement (Resource Capital Corp.), Secured Revolving Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a BorrowingBorrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Oaktree Specialty Lending Corp), Senior Secured (Oaktree Specialty Lending Corp), Revolving Credit Agreement (Oaktree Specialty Lending Corp)

Failure to Elect. If no election as to the Type of a Borrowing of Term Loans is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified in a request for a with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made as a Eurocurrency Eurodollar Borrowing having with an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, ending on the Borrower shall be deemed to have selected an Interest Period of one (1) month’s durationnext following Monthly Date occurring at least five Business Days thereafter.

Appears in 3 contracts

Samples: Credit Agreement (GenOn Energy, Inc.), Credit Agreement (Avangrid, Inc.), Credit Agreement (NRG Yield, Inc.)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a BorrowingBorrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (FIDUS INVESTMENT Corp), Senior Secured (FIDUS INVESTMENT Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingthe applicable Borrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthBase Rate Borrowing. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Rate Borrowing, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (SFX Entertainment, INC), Guarantee and Collateral Agreement (Exar Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a BorrowingBorrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 2 contracts

Samples: Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Revolving Credit Agreement (MONROE CAPITAL Corp)

Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthABR Borrowing. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Borrowing, then the Borrower Interest Period shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 2 contracts

Samples: Credit Agreement (Krispy Kreme Doughnuts Inc), First Lien Credit Agreement (Krispy Kreme Doughnuts Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingthe applicable Borrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthBase Rate Borrowing. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Rate Borrowing, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.. SECTION 2.04

Appears in 1 contract

Samples: Credit Agreement (Validus Holdings LTD)

Failure to Elect. If Subject to Section 2.01(b), if no election as to the Type of a Borrowing is specified in a request for a Borrowingthe applicable Borrowing Request, then the requested Borrowing shall be a Eurocurrency Eurodollar Rate Borrowing. If no Interest Period is specified with respect to any requested Eurodollar Rate Borrowing having with an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified’s duration, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Credit Agreement (GAIN Capital Holdings, Inc.)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthABR Borrowing. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Borrowing, then the Borrower Interest Period shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Krispy Kreme Doughnuts Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowing, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s 's duration.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Alcentra Capital Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monththree months. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower requested Borrowing shall be deemed to have selected a Eurocurrency Borrowing having an Interest Period of one (1) month’s durationthree months.

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (Solar Capital Ltd.)

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Failure to Elect. If no election as to the Type of a Syndicated Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower requested Borrowing shall be deemed to have selected a Eurocurrency Borrowing having an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Revolving Credit Agreement (NF Investment Corp.)

Failure to Elect. If no election as to the Currency or Type of a Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthin Euros at the Euro Reference Rate. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurocurrency Borrowing (other than any Euro Reference Rate Loan), the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Credit Agreement (NYSE Group, Inc.)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingspecified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthABR Borrowing. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Borrowing, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s seven days’ duration.

Appears in 1 contract

Samples: Credit Agreement (Best Buy Co Inc)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a Borrowingthe applicable Borrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthBase Rate Borrowing. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Rate Borrowing (including a borrowing of Loans denominated in an Alternative Currency), the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Credit Agreement (SFX Entertainment, INC)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a BorrowingBorrowing Request, then the requested Borrowing shall be a Eurocurrency EurocurrencySOFR Borrowing having havingwith an Interest Period of one (1) month. If a Eurocurrency Eurocurrencyan Adjusted Term SOFR Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Capital Southwest Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a BorrowingBorrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.. (42)

Appears in 1 contract

Samples: Credit Agreement (Oaktree Specialty Lending Corp)

Failure to Elect. If no election as to the Type of a Borrowing is specified in a request for a BorrowingBorrowing Request, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration. SECTION 2.04.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Capital Southwest Corp)

Failure to Elect. If no election as to the Type of a Borrowing of Construction Loans is specified, then the requested Borrowing shall be an ABR Borrowing. If no Interest Period is specified in a request for a with respect to any requested Eurodollar Borrowing, then the requested Borrowing shall be made as a Eurocurrency Eurodollar Borrowing having with an Interest Period of one (1) month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, ending on the Borrower shall be deemed to have selected an Interest Period of one (1) month’s durationnext following Monthly Date occurring at least five Business Days thereafter.

Appears in 1 contract

Samples: Credit Agreement (Avangrid, Inc.)

Failure to Elect. If no election as to the Type of a Borrowing borrowing is specified in a request for a Borrowingthe applicable Borrowing Notice, then the requested Borrowing borrowing shall be a Eurocurrency Borrowing having an Interest Period of one (1) monthBase Rate Loan. If a Eurocurrency Borrowing is requested but no Interest Period is specifiedspecified with respect to any requested Eurodollar Loan, the Borrower shall be deemed to have selected an Interest Period of one (1) month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Iconix Brand Group, Inc.)

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