Common use of Interest Rate Options Clause in Contracts

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 11 contracts

Samples: 364 Day Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc)

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Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and the Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance reasonably satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement) and (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin or at such other rate to which the Borrower and the Swingline Lender may agree. The Borrower shall select specify whether a Loan is to be a Base Rate Loan or a LIBOR Rate Loan and the rate of interest and Interest Period, if any, applicable to any Revolving Credit such Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate to be a LIBOR Rate Loan as provided herein shall be deemed a Base Rate Loan.

Appears in 3 contracts

Samples: Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc), Credit Agreement (Blackhawk Network Holdings, Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) the second Business Days Day after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance reasonably satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Term Loan or any portion thereof of either as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan and any LIBOR Rate Loan or any portion thereof as to which the Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan for a one (1) month Interest Period.

Appears in 3 contracts

Samples: Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning), Term Loan Agreement (Owens Corning)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 3 contracts

Samples: Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance reasonably satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin and (iii) Term Loans shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 2 contracts

Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 5.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date) and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate plus the Applicable Margin as set forth in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSection 5.1(c). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 2 contracts

Samples: Credit Agreement (Paravant Inc), Credit Agreement (Paravant Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, 5.1 at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and the Term Loan shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement) and (ii) any Swingline Loans shall bear interest at the Base Rate plus the Applicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or Section 4.2, as applicable, or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan and any LIBOR Rate Loan or any portion thereof as to which the Borrower has not duly specified an Interest Period as provided herein shall be deemed to have an Interest Period of one (1) month.

Appears in 2 contracts

Samples: Credit Agreement (Jack in the Box Inc /New/), Third Amendment (Jack in the Box Inc /New/)

Interest Rate Options. Subject to the provisions of this Section 5.12.09, at the election of the Borrower, (i) Revolving Loans denominated in dollars shall bear interest at (A) the aggregate principal balance of Alternate Base Rate plus the Applicable Percentage or (B) the Adjusted LIBO Rate plus the Applicable Percentage, (ii) Revolving Loans denominated in an Alternative Currency shall bear interest at the LIBO Rate plus the Applicable Percentage (plus any Revolving Credit applicable Mandatory Cost) and (iii) Swingline Loans shall bear interest at the greater of (iA) the Alternate Base Rate minus 1.75% and (B) the LIBOR Reference Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable MarginPercentage; provided that LIBOR neither the Adjusted LIBO Rate Loans nor the LIBO Rate shall not be available until three (3) Business Days after the Closing Date (unless otherwise agreed by the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themAgent). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.03 or 2.23 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.22.10. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate (excluding Alternative Currency Loans) as provided herein shall be deemed an ABR Loan denominated in dollars. Requests for Alternative Currency Loans as to which the Borrower has not duly specified an interest rate and interest period shall be deemed a Base LIBO Rate LoanLoan for a one (1) month interest period.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Choice Hotels International Inc /De), Revolving Credit Agreement (Choice Hotels International Inc /De)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) Revolving Credit Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of Borrowers have delivered to the Administrative Agent and the Lenders a letter in form and substance satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement) and (ii) any Swingline Loan shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Market Index Rate plus the Applicable Margin for LIBOR Rate Loans. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance reasonably satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement), (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin and (iii) Term Loans shall bear interest at (A) the Base Rate plus the Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower has delivered to the Administrative Agent a letter in form and substance reasonably satisfactory to the Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.9 of this Agreement). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Orbital Atk, Inc.)

Interest Rate Options. Subject to the provisions of this Section 5.12.09, at the election of the Borrower, (i) Revolving Loans denominated in dollars shall bear interest at (A) the aggregate principal balance of Alternate Base Rate plus the Applicable Percentage or (B) the Adjusted LIBO Rate plus the Applicable Percentage, (ii) Revolving Loans denominated in an Alternative Currency shall bear interest at the LIBO Rate plus the Applicable Percentage (plus any Revolving Credit applicable Mandatory Cost) and (iii) Swingline Loans shall bear interest at (i) the Base LIBOR Market Index Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themPercentage. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.03 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.22.10. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate (excluding Alternative Currency Loans) as provided herein shall be deemed an ABR Loan denominated in dollars. Requests for Alternative Currency Loans as to which the Borrower has not duly specified an interest rate and interest period shall be deemed a Base LIBO Rate LoanLoan for a one (1) month interest period.

Appears in 1 contract

Samples: Credit Agreement (Choice Hotels International Inc /De)

Interest Rate Options. Subject to the provisions of this --------------------- Section 5.14.1, at the election of the Borrower, the aggregate principal balance of the Notes or any Revolving Credit Loans portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate, plus, in each case, the Applicable Margin or (ii) as set forth below; ---- provided, that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) at any time prior to the -------- third Business Days Day after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (American Business Information Inc /De)

Interest Rate Options. Subject to the provisions of this Section 5.1, (i) at the election of the U.S. Borrower, the aggregate principal balance of any Revolving Credit Loans denominated in Dollars shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date, (ii) at the election of the Belgian Borrower, Revolving Credit Loans denominated in the Alternative Currency shall bear interest at the LIBOR Rate plus the Applicable Margin; provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless and (iii) Swingline Loans denominated in Dollars shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate plus the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The applicable Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate (including, without limitation, each Swingline Loan) shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the applicable Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan denominated in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Tekelec)

Interest Rate Options. Subject to the provisions of this Section 5.1--------------------- ------- 4.06, at the election of the Borrower, the aggregate unpaid principal balance of any Revolving Credit Loans ---- (i) each Loan (other than Swingline Loans) shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable MarginMargin as set ---- ---- forth below; provided that the LIBOR Rate Loans shall not be available until three (3) -------- Business Days after the Closing Date unless Date, and (ii) each Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate plus the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select ---- the rate of interest and Interest Period, if any, applicable to any Revolving Credit LIBOR Rate Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 4.01(a) or --------------- at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2------- 4.07. Each Revolving Credit Loan (including Swingline Loans) or portion thereof bearing interest ---- based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of CT on behalf of the BorrowerBorrowers, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus the Applicable Margin as set forth in Section 4.1(c) or (ii) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section 4.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or 2.3 and at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Each Swingline Loan shall bear interest at the Swingline Interest Rate. Each Competitive Bid Loan shall bear interest at the Competitive Bid Rate applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans shall bear interest at (iA) the Base Rate plus minus the Applicable Margin as set forth in Section 4.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 4.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date) and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate plus the Applicable Margin as set forth in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSection 4.1(c). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Radyne Corp)

Interest Rate Options. Subject to the provisions of this Section 5.14.06, at the election of the Borrower, the aggregate unpaid principal balance of any Revolving Credit Loans (i) each Loan (other than Swingline Loans) shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable MarginMargin as set forth below; provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date, and (ii) each Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate plus the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit LIBOR Rate Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 4.01(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.07. Each Revolving Credit Loan (including Swingline Loans) or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) Revolving Credit A Loans denominated in Dollars shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; provided that (ii) Revolving A Loans denominated in Alternative Currencies shall bear interest at the LIBOR Rate plus the Applicable Margin; (iii) Revolving B Loans denominated in Dollars shall not be available until three bear interest at (3A) Business Days after the Closing Date unless Base Rate plus the Borrower executes Applicable Margin or (B) the LIBOR Rate plus the Applicable Margin; (iv) Revolving B Loans denominated in Canadian Dollars shall bear interest at (A) the Canadian Prime Rate plus the Applicable Margin or (B) CDOR plus the Applicable Margin; and delivers an indemnity in favor of (v) any Swingline Loan shall bear interest at the Administrative Agent and Base Rate plus the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.02. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan or a Canadian Prime Rate Loan, as applicable.

Appears in 1 contract

Samples: Loan Agreement (Omega Protein Corp)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin for Base Rate Loans as set forth in Section 3.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; provided that Margin for LIBOR Rate Loans as set forth in Section 3.1(c) (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of shall have delivered to the Administrative Agent and prior to funding of the Lenders Loans on the Closing Date a LIBOR indemnity letter in form and substance reasonably satisfactory to themthe Administrative Agent). The Borrower shall select the rate of interest and LIBOR Interest Period, if any, applicable to any Revolving Credit Loan the Loans at the time a the Notice of Revolving Credit Borrowing is given on the Closing Date pursuant to Section 2.2 2.2(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ”. Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1SECTION 4.7, at the election of the Borrower, the aggregate unpaid principal balance of any (i) each Revolving Credit Loans Loan and each Acquisition Loan shall bear interest at (i) the Base Rate plus or the LIBOR Rate PLUS the Applicable Margin or as set forth below, and (ii) each Swingline Loan shall bear interest at the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSwingline Rate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit LIBOR Rate Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 SECTION 4.1(a) or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2SECTION 4.8. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate LoanBASE RATE LOAN", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate LoanRATE LOAN." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of Cornerstone, on behalf of the BorrowerBorrowers, the aggregate principal balance of the Notes or any Revolving Credit Loans portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless for Loans which were not already outstanding under the Borrower executes and delivers an indemnity in favor Original Agreement as of the Administrative Agent and Closing Date. Cornerstone, on behalf of the Lenders in form and substance satisfactory to them. The Borrower Borrowers shall select the interest rate of interest index noted above (i.e., the Base Rate or the LIBOR Rate) and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which Cornerstone, on behalf of the Borrower Borrowers, has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 5.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders shall have received an indemnification agreement with respect to any such LIBOR Rate borrowing in form and substance satisfactory thereto at least three (3) Business Days prior to themthe Closing Date) and (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c). The Borrower shall select the rate of interest (Base Rate or LIBOR Rate) and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Loan Borrowing or Notice of Term Loan Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, --------------------- at the election of the a Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Offshore Rate plus the Applicable MarginPercentage for Offshore Rate Loans under the 364 Day ---- Facility or the Multi-Year Facility, as applicable; provided that LIBOR (A) such -------- interest rate shall be increased by any amount required pursuant to Section 4.1(f) and (B) Offshore Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Such Borrower shall select the rate of interest and interest, Interest Period, if any, and Applicable Currency, in the case of an Offshore Currency Loan, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.2, or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan Loan, Swingline Loan, or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", ," and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Offshore Rate shall be a an "LIBOR Offshore Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower Company, on behalf of a Borrower, requesting such Revolving Credit Loan has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. A Competitive Bid Loan will bear interest at the Competitive Bid Rate specified in the Competitive Bid accepted by the Borrower with respect to such Competitive Bid Loan. Swingline Loans shall bear interest at the Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of (i) any Revolving Credit Loans Loan shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or as set forth below, (ii) any Absolute Rate Loan shall bear interest at an Absolute Rate and (iii) any Swingline Loan shall bear interest at the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSwingline Rate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3, or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ", and each Loan bearing interest based on the Absolute Rate shall be an "Absolute Rate Loan". Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Corestaff Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 5.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 5.11 of this Agreement) and (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c)(i). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Swingline Loan shall bear interest at the Base Rate. Any Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corporation of America)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 5.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders shall have received an indemnification agreement with respect to any such LIBOR Rate borrowing in form and substance satisfactory thereto at least three (3) Business Days prior to themthe Closing Date) and (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c). The Borrower shall select the rate of interest (Base Rate or LIBOR Rate) and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of (i) any Revolving Credit Loans Loan shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 4.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Margin as set forth in Section 4.1(c) and (ii) any Swingline Loan shall bear interest at the Base Rate Loans shall not be available until three (3plus the Applicable Margin as set forth in Section 4.1(c) Business Days after or the Closing Date unless rate mutually agreed upon by the Borrower executes and delivers an indemnity in favor of the Administrative Agent Swingline Lender and the Lenders in form and substance satisfactory to themBorrower. The Borrower shall select the rate of interest and LIBOR Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Interest Rate Options. Subject to the provisions of this Section 5.12.09, at the election of the Borrower, (i) Revolving Loans denominated in dollars shall bear interest at (A) the aggregate principal balance of Alternate Base Rate plus the Applicable Percentage or (B) the Adjusted LIBO Rate plus the Applicable Percentage, (ii) Revolving Loans denominated in an Alternative Currency shall bear interest at the LIBO Rate plus the Applicable Percentage (plus any Revolving Credit applicable Mandatory Cost) and (iii) Swingline Loans shall bear interest at the greater of (iA) the Alternate Base Rate and (B) the LIBOR Reference Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable MarginPercentage; provided that LIBOR neither the Adjusted LIBO Rate Loans nor the LIBO Rate shall not be available until three (3) Business Days after the Closing Date (unless the Borrower executes and delivers an indemnity in favor of otherwise agreed by the Administrative Agent and the Lenders in form and substance satisfactory to themAgent). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.03 or 2.23 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.22.10. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate (excluding Alternative Currency Loans) as provided herein shall be deemed an ABR Loan denominated in dollars. Requests for Alternative Currency Loans as to which the Borrower has not duly specified an interest rate and interest period shall be deemed a Base LIBO Rate LoanLoan for a one (1) month interest period.

Appears in 1 contract

Samples: Credit Agreement (Choice Hotels International Inc /De)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans or any permitted portion thereof shall bear interest at (i) the Base Rate, the CD Rate plus or the LIBOR Rate, plus, in each case, the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themas set forth below. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or with respect thereto and at the time a each Notice of Conversion/Continuation is given pursuant to Section 5.23.2 with respect thereto. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan," each Revolving Credit Loan or portion thereof bearing interest based on the CD Rate shall be a ", CD Rate Loan," and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or For any portion thereof as period with respect to which the Borrower has not duly specified an interest rate as provided herein for any Revolving Credit Loan or any portion thereof, such Revolving Credit Loan or portion thereof shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Markel Corp)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the BorrowerParent, on behalf of the Borrowers, the aggregate principal balance of any Revolving Credit Loans Note and any Term Loan Note shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section 5.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor Date. The Parent, on behalf of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower Borrowers, shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Loan Borrowing is given pursuant to Section 2.2 2.2(a) or a Notice of Term Loan Borrowing is given pursuant to Section 4.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower Parent, on behalf of the Borrowers, has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Dollar Express Inc)

Interest Rate Options. Subject to the provisions of --------------------- this Section 5.14.1, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) the Revolving Credit Notes or any portion thereof and the Term Loans or any portion thereof shall bear interest at (iA) the Base Rate plus the "Applicable Margin Margin" as set forth in Section 4.1(c) or (iiB) the LIBOR Rate plus ---- the Applicable MarginMargin as set forth in Section 4.1(c); provided that the LIBOR -------- Rate Loans shall not be available until three (3) Business Days after the Closing Date unless and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate plus the ---- Applicable Margin as set forth in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSection 4.1(c). The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.4 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and ," each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Industries Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans Loan shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; provided that . 33 Competitive Bid Loans shall bear interest at a Competitive Bid Rate and Swingline Loans shall bear interest at the Money Market Rate plus the Applicable Margin then applicable to LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themLoans. The Borrower shall select the rate of interest and the LIBOR Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. The Competitive Bid Interest Period, if any, shall be determined in accordance with Section 2.4. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Lci International Inc /Va/)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which 20 <PAGE> 21which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.. (b)

Appears in 1 contract

Samples: Day Credit Agreement (Jones Apparel Group Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, --------------------- at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans, the Term Loans or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or 2.3 and at the time a Notice of Conversion/Continuation is given pursuant to Section 5.25.2 with respect thereto. The Borrower shall select the rate of interest and Interest Period, if any, applicable to the Term Loans at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2 with respect thereto. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Each Swingline Loan shall bear interest at the Swingline Interest Rate. Each Competitive Bid Loan shall bear interest at the Competitive Bid Rate applicable thereto.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrowerapplicable Borrower or Borrowers, Revolving Credit Loans denominated in Dollars shall bear interest at the Base Rate or the LIBOR Rate plus, in each case, the aggregate principal balance of any Applicable Margin as set forth below, and Revolving Credit Loans denominated in an Alternative Currency and Finnish Mark Loans shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans Margin as set forth below. Each Swingline Loan shall not be available until three (3) Business Days after bear interest at the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSwingline Rate. The applicable Borrower or Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan or Finnish Mark Loan at the time a Notice of Revolving Credit Notixx xf Borrowing is given pursuant to Section 2.2 2.4 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which the applicable Borrower or Borrowers has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan denominated in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any (i) the Revolving Credit Loans or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth in Section 4.1(c); provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate plus the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Rare Hospitality International Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 5.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Amendment and Restatement Closing Date unless Date) and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate plus the Applicable Margin as set forth in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSection 5.1(c). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) the Revolving Credit Loans or any portion thereof shall bear interest at (iA) the Base Rate plus the Applicable Margin or and/or (iiB) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate , and (ii) the Swing Line Loans shall not be available until three (3) Business Days after bear interest at the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themBase Rate. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.2(a) hereof or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2 hereof. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and ,” each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit and Security Agreement (Seacastle Inc.)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear earn interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themas set forth below. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", ," and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. Notwithstanding anything to the contrary contained in this Agreement 39 or in any of the other Loan Documents, except for LIBOR Rate Loans in effect as of the Closing Date, the Borrower may not elect the LIBOR Rate for any Tranche I Revolving Loan hereunder unless and until the Borrower shall have delivered its quarterly Financial Statements as of September 26, 1998 to the Agent demonstrating that the Borrower is in full compliance with the Loan Documents.

Appears in 1 contract

Samples: Revolving Credit Agreement (WLR Foods Inc)

Interest Rate Options. Subject to Loans made on the provisions of this Section 5.1, at Closing Date and during the election of the Borrower, the aggregate principal balance of any Revolving Credit Initial Interest Period shall be Base Rate Loans and shall bear interest at (i) the Base Rate plus the Applicable Margin or (iithe "Applicable Margin") as set forth below in this Section 3.1. Thereafter, Base Rate Loans shall bear interest at the Base Rate plus the Applicable Margin and, LIBOR Rate Loans shall bear interest at the LIBOR Rate plus the Applicable Margin; provided that . On behalf of the Co-Borrowers, the Company shall determine whether a Revolving Loan is to be a Base Rate Loan or LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes Loan and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.3. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower Company has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan, and, if it is a LIBOR Rate Loan for which an Interest Period has ended, shall, so long as no Event of Default has occurred and shall be continuing, be deemed renewed as a Base Rate Loan and, in each case, no Event of Default shall arise as a result thereof.

Appears in 1 contract

Samples: Day Credit Agreement (Scientific Games Holdings Corp)

Interest Rate Options. Subject to the provisions of this Section 5.16.1, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) Revolving Credit Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 6.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 6.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date) and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate plus the Applicable Margin as set forth in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSection 6.1(c). The Administrative Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.26.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Administrative Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (La-Z-Boy Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Borrower Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; Margin (provided that the LIBOR Rate Loans shall not be available until three (3) the second Business Days Day after the Closing Date unless the Borrower executes and delivers an indemnity in favor of has delivered to the Administrative Agent and the Lenders a letter in form and substance reasonably satisfactory to themthe Administrative Agent indemnifying the Lenders in the manner set forth in Section 4.9 of this Agreement). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Term Loan or any portion thereof of either as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan and any LIBOR Rate Loan or any portion thereof as to which the Borrower has not duly specified an Interest Period as provided herein shall be deemed a LIBOR Rate Loan for a one (1) month Interest Period.

Appears in 1 contract

Samples: Term Loan Agreement (Owens Corning)

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Interest Rate Options. Subject to the provisions of this Section 5.1SECTION 4.7, at the election of the Borrower, the aggregate unpaid principal balance of any (i) each Revolving Credit Loans Loan and each Acquisition Loan shall bear interest at (i) the Base Rate plus or the LIBOR Rate PLUS the Applicable Margin or (ii) as set forth below; PROVIDED that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date, and (ii) each Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSwingline Rate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit LIBOR Rate Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 SECTION 4.1(A) or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2SECTION 4.8. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate LoanBASE RATE LOAN", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate LoanRATE LOAN." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, (i) the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth in Section 4.1(c); provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate plus the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Rare Hospitality International Inc)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or and at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of (i) any Revolving Credit Loans Loan shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 4.1(c) or (iiB) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section 4.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to them(ii) any Competitive Bid Loan shall bear interest at a Competitive Bid Rate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of PZN on behalf of the BorrowerBorrowers, the aggregate principal balance of (i) any Revolving Credit Loans Note shall bear interest at (iA) the Base Rate plus the Applicable Margin or as set forth in Section 4.1(c)or (iiB) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section 4.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate plus the Applicable Margin as set forth in favor Section 4.1(c). PZN on behalf of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Credit/Swingline Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which PZN on behalf of the Borrower Borrowers has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Interest Rate Options. Subject to the provisions of this Section 5.1--------------------- ------- 4.06, at the election of the Borrower, the aggregate unpaid principal balance of any Revolving Credit Loans ---- (i) each Loan (other than Swingline Loans) shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable MarginMargin as set ---- forth below; provided that the LIBOR Rate Loans shall not be available until three (3) -------- Business Days after the Closing Date unless Date, and (ii) each Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate plus the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select ---- the rate of interest and Interest Period, if any, applicable to any Revolving Credit LIBOR Rate Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 4.01(a) or --------------- at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2------- 4.07. Each Revolving Credit Loan (including Swingline ---- Loans) or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Inergy L P)

Interest Rate Options. Subject to the provisions of this Section 5.14.1 and Section 3.5 and provided no Event of Default has occurred and is continuing, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) the Revolving Credit Loans Notes or any portion thereof shall bear interest at (iA) the Base Rate Rate; or (B) LIBOR plus the Applicable Margin or (ii) as set forth in Section 4.1(c); provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower Borrowers shall select the rate of interest (either the Base Rate or the LIBOR Rate) and Interest Period, if anyapplicable, applicable to any Revolving Credit for each Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", ," and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Alternate Base Rate plus the Applicable Margin Percentage for Alternate Base Rate Loans or (ii) the LIBOR Offshore Rate plus the Applicable MarginPercentage for Offshore Rate Loans; provided that LIBOR Rate Loans such interest rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory increased by any amount required pursuant to themSection 4.1.6. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Alternate Base Rate shall be a "Alternate Base Rate Loan", ," and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Offshore Rate shall be a an "LIBOR Offshore Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Alternate Base Rate Loan. A Competitive Bid Loan will bear interest at the Competitive Bid Rate specified in the Competitive Bid accepted by the Borrower with respect to such Competitive Bid Loan.

Appears in 1 contract

Samples: Credit Agreement (Pittston Co)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans under the Dollar Tranche, the Term Loan and Incremental Term Loans, if any, shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; provided that (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin or such other rate agreed to between the Swingline Lender and the Borrower; and (iii) any Revolving Credit Loans under the Designated Currency Tranche shall bear interest at the LIBOR Rate Loans shall not be available until three (3) Business Days after plus the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan Loan, Term Loan, or Incremental Term Loan, as applicable, at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan, Term Loan, Incremental Term Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan; provided, that the Base Rate shall not be available for any Revolving Credit Loans under the Designated Currency Tranche.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided, that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Swingline Loan shall bear interest at the Base Rate. Any Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.not

Appears in 1 contract

Samples: Credit Agreement (United Companies Financial Corp)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the BorrowerCompany on behalf of the Borrowers, the aggregate principal balance of any Revolving Credit Loans Note and any Term Loan Note shall bear interest at (i) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (ii) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section 5.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower Swingline Note shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c). The Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Credit/Swingline Borrowing is given pursuant to Section 2.2 2.3(a) or a Notice of Term Loan Borrowing is given pursuant to Section 4.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate (other than Swingline Loans) shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Duratek Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the BorrowerBorrowers, the aggregate principal balance of any (i) the Revolving Credit Loans or any portion thereof shall bear interest at (iA) the Base Rate plus the Applicable Margin or and/or (iiB) the LIBOR Rate plus the Applicable Margin; provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date, and (ii) the Borrower executes and delivers an indemnity in favor of Swing Line Loans shall bear interest at the Administrative Agent and Base Rate plus the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.2(a) hereof or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2 hereof. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and ,” each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit and Security Agreement (Interpool Inc)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans shall bear interest at (i) the Base Rate plus the Applicable Margin for Base Rate Loans as set forth in Section 3.1(c) or (ii) the LIBOR Rate plus the Applicable Margin; provided that Margin for LIBOR Rate Loans as set forth in Section 3.1(c) (provided that the LIBOR Rate shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of shall have delivered to the Administrative Agent and prior to funding of the Lenders Loans on the Closing Date a LIBOR funding indemnity letter in form and substance reasonably satisfactory to themthe Administrative Agent). The Borrower shall select the rate of interest and LIBOR Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or any portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or any portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ”. Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, (a) at the election of the Borrower, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus .50% (the Applicable Margin "Base Rate Margin") or (ii) the LIBOR Rate plus 1.75% (the Applicable Margin; provided that "LIBOR Rate Loans shall not be available until three Margin") and (3b) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor aggregate principal balance of the Administrative Agent and Swingline Note or any portion thereof shall bear interest at the Lenders in form and substance satisfactory to themBase Rate plus .50% (the "Swingline Rate Margin"). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Loan Agreement (Sirrom Investments Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of CCA REIT on behalf of the BorrowerBorrowers, the aggregate principal balance of any the Revolving Credit Loans Notes or any portion thereof shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below; provided that the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor Date. CCA REIT on behalf of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Swingline Loan shall bear interest at the Base Rate. Any Loan or any portion thereof as to which CCA REIT on behalf of the Borrower Borrowers has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Cca Prison Realty Trust)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrowerapplicable Borrower or Borrowers, the aggregate principal balance of any Revolving Credit Loans denominated in Dollars shall bear interest at (i) the Base Rate plus or the LIBOR Rate PLUS, in each case, the Applicable Margin or (ii) as set forth below and Loans denominated in Sterling shall bear interest at the LIBOR Rate plus PLUS the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themMargin as set forth below. The applicable Borrower or Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof to be denominated in Dollars as to which the applicable Borrower has or Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and the Term Loans shall bear interest at (iA) the Base Rate plus PLUS the Applicable Margin or (iiB) the LIBOR Rate plus PLUS the Applicable Margin; provided Margin (PROVIDED that the LIBOR Rate Loans shall not be available for Loans made on the Effective Date until three (3) Business Days after the Closing Date unless Effective Date) and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity in favor of Base Rate PLUS the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section SECTION 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan, and any LIBOR Rate Loan for which the Borrower fails to specify an Interest Period shall be deemed to have an Interest Period of one month.

Appears in 1 contract

Samples: Credit Agreement (Restaurant Co)

Interest Rate Options. Subject to the provisions of this Section 5.1, --------------------- at the election of GTS on behalf of the BorrowerBorrowers, the aggregate principal balance of any Revolving Credit Loans Note and any Term Loan Note shall bear interest at (i) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) ---- or (ii) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section ---- 5.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) -------- Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower Swingline Note shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c). The ---- Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Credit/Swingline Borrowing is given pursuant to Section 2.2 2.3(a) or a Notice of Term Loan Borrowing is given pursuant to Section 4.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate (other than Swingline Loans) shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (GTS Duratek Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans denominated in Dollars shall bear interest at the Base Rate or the LIBOR Rate plus, in each case, the Applicable Margin as set forth below, and Revolving Credit Loans denominated in an Alternative Currency and Specified A/C Loans shall bear interest at (i) the Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable MarginMargin as set forth below; provided provided, that in no event shall the LIBOR Rate (and consequently Alternative Currency Loans shall not and LIBOR Competitive Bid Loans) be available until three (3) Business Days after the Closing Date unless Date. Competitive Bid Loans shall bear interest at the Borrower executes Competitive Bid Rate established pursuant to Section 2.6 and delivers an indemnity in favor of each Swingline Loan shall bear interest at the Administrative Agent and the Lenders in form and substance satisfactory to themBase Rate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan or Specified A/C Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.5 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. The Competitive Bid Interest Period, if any, shall be determined in accordance with Section 2.6 and Section 4.1(b)(ii). Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan (other than a Competitive Bid Loan) or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan denominated in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Checkpoint Systems Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus PLUS the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus PLUS the Applicable Margin; provided Margin as set forth in Section 5.1(c) (PROVIDED that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless Date) and (ii) any Swingline Loan shall bear interest at the Borrower executes and delivers an indemnity Base Rate PLUS the Applicable Margin as set forth in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSection 5.1(c). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate LoanBASE RATE LOAN", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate LoanRATE LOAN." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans and Term Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; Margin as set forth in Section 5.1(c) (provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Original Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders shall have received an indemnification agreement with respect to any such LIBOR Rate borrowing in form and substance satisfactory thereto at least three (3) Business Days prior to themthe Original Closing Date) and (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c). The Borrower shall select the rate of interest (Base Rate or LIBOR Rate) and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Loan Borrowing or Notice of Term Loan Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Veridian Corp)

Interest Rate Options. Subject to the provisions of this Section 5.12.09, at the election of the Borrower, (i) Revolving Loans denominated in dollars shall bear interest at (A) the aggregate principal balance of Alternate Base Rate plus the Applicable Percentage or (B) the Adjusted LIBO Rate plus the Applicable Percentage, (ii) Revolving Loans denominated in an Alternative Currency shall bear interest at the LIBO Rate plus the Applicable Percentage (plus any Revolving Credit applicable Mandatory Cost) and (iii) Swingline Loans shall bear interest at (i) the Alternate Base Rate plus the Applicable Margin or (ii) the LIBOR Rate plus the Applicable Margin; Percentage, provided that LIBOR neither the Adjusted LIBO Rate Loans nor the LIBO Rate shall not be available until three (3) Business Days after the Closing Date (unless the Borrower executes and delivers an indemnity in favor of otherwise agreed by the Administrative Agent and the Lenders in form and substance satisfactory to themAgent). The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.03 or 2.23 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.22.10. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate (excluding Alternative Currency Loans) as provided herein shall be deemed an ABR Loan denominated in dollars. Requests for Alternative Currency Loans as to which the Borrower has not duly specified an interest rate and interest period shall be deemed a Base LIBO Rate LoanLoan for a one (1) month interest period.

Appears in 1 contract

Samples: Credit Agreement (Choice Hotels International Inc /De)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans shall bear interest at (iA) the Base Rate plus the Applicable Margin, (B) the Adjusted Term SOFR Rate plus the Applicable Margin or (C) following a Benchmark Transition Event and Benchmark Replacement Date with respect to the Term SOFR Rate, the Adjusted Daily Simple SOFR plus the Applicable Margin and (ii) any Swingline Loan shall bear interest at the LIBOR Base Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to them. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan in accordance with the foregoing sentence at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan. If no Interest Period is specified by the Borrower with respect to any Term Benchmark Loan as provided herein, then the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

Appears in 1 contract

Samples: Credit Agreement (Chuy's Holdings, Inc.)

Interest Rate Options. Subject to the provisions of this Section 5.1SECTION 4.7, at the election of the Borrower, the aggregate unpaid principal balance of any (i) each Revolving Credit Loans Loan and each Acquisition Loan shall bear interest at (i) the Base Rate plus or the LIBOR Rate PLUS the Applicable Margin or as set forth below, and (ii) each Swingline Loan shall bear interest at the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSwingline Rate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit LIBOR Rate Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 SECTION 4.1(A) or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2SECTION 4.8. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate LoanBASE RATE LOAN", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate LoanRATE LOAN." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Suburban Propane Partners Lp)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of (i) any Revolving Credit Loans Loan shall bear interest at (iA) the Base Rate plus the Applicable Margin as set forth in Section 4.1(c) or (iiB) the LIBOR Rate plus the Applicable Margin; provided that LIBOR Margin as set forth in Section 4.1(c) and (ii) any Swingline Loan shall bear interest at the Base Rate Loans shall not be available until three (3plus the Applicable Margin as set forth in Section 4.1(c) Business Days after or the Closing Date unless rate mutually agreed upon by the Borrower executes and delivers an indemnity in favor of the Administrative Agent Swingline Lender and the Lenders in form and substance satisfactory to themBorrower. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.3 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

Interest Rate Options. Subject to the provisions of this Section 5.1Section, at the election of the Borrower, the aggregate principal balance of any (i) Revolving Credit Loans under the Dollar Tranche, Delayed Draw Term Loans and Incremental Term Loans, if any, shall bear interest at (iA) the Base Rate plus the Applicable Margin or (iiB) the LIBOR Rate plus the Applicable Margin; provided that (ii) any Swingline Loan shall bear interest at the Base Rate plus the Applicable Margin or such other rate agreed to between the Swingline Lender and the Borrower; and (iii) any Revolving Credit Loans under the Designated Currency Tranche shall bear interest at the LIBOR Rate Loans shall not be available until three (3) Business Days after plus the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themApplicable Margin. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan Loan, Delayed Draw Term Loan, or Incremental Term Loan, as applicable, at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan, Delayed Draw Term Loan, Incremental Term Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan; provided, that the Base Rate shall not be available for any Revolving Credit Loans under the Designated Currency Tranche.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Interest Rate Options. Subject to the provisions of this Section 5.13.1, at the election of the Borrowerapplicable Borrower or Borrowers, the aggregate principal balance of any Revolving Credit Loans denominated in Dollars shall bear interest at (i) the Base Rate plus or the LIBOR Rate plus, in each case, the Applicable Margin or (ii) as set forth below, and Revolving Credit Loans denominated in an Alternative Currency and Finnish Mark Loans shall bear interexx xt the LIBOR Rate plus the Applicable Margin; provided that LIBOR Rate Loans Margin as set forth below. Each Swingline Loan shall not be available until three (3) Business Days after bear interest at the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themSwingline Rate. The applicable Borrower or Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan or Finnish Mark Loan at the time a Notice of Revolving Credit Notixx xf Borrowing is given pursuant to Section 2.2 2.4 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.23.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", " and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." ". Any Revolving Credit Loan or any portion thereof as to which the applicable Borrower or Borrowers has not duly specified an interest rate as provided herein shall be deemed a Base Rate LoanLoan denominated in Dollars.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

Interest Rate Options. Subject to the provisions of this Section 5.14.1, at the election of the Borrower, the aggregate principal balance of any Revolving Credit Loans and Swingline Loans (if the Swingline Lender consents to such election) shall bear interest at (i) the Base Rate plus the Applicable Margin Percentage for Base Rate Loans or (ii) the LIBOR Offshore Rate plus the Applicable MarginPercentage for Offshore Rate Loans; provided that LIBOR Offshore Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan or Swingline Loan at the time a Notice of Revolving Credit Borrowing is given pursuant to Section 2.2 2.2, or at the time a Notice of Swingline Borrowing is given pursuant to Section 2.5(d) or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.24.2. Each Revolving Credit Loan Loan, Swingline Loan, or portion thereof bearing interest based on the Base Rate shall be a "Base Rate Loan", ," and each Revolving Credit Loan, Swingline Loan or portion thereof bearing interest based on the LIBOR Offshore Rate shall be a an "LIBOR Offshore Rate Loan." Any Revolving Credit Loan or Swingline Loan or any portion thereof as to which the Borrower has not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (Caraustar Industries Inc)

Interest Rate Options. Subject to the provisions of this Section 5.1, at the election of GTS on behalf of the BorrowerBorrowers, the aggregate principal balance of any Revolving Credit Loans Note and any Term Loan Note shall bear interest at (i) the Base Rate plus the Applicable Margin as set forth in Section 5.1(c) or (ii) the LIBOR Rate plus the Applicable MarginMargin as set forth in Section 5.1(c); provided that the LIBOR Rate Loans shall not be available until three (3) Business Days after the Closing Date unless the Borrower executes and delivers an indemnity in favor of the Administrative Agent and the Lenders in form and substance satisfactory to themDate. The Borrower Swingline Note shall bear interest at the Base Rate plus the Applicable Margin as set forth in Section 5.1(c). The Borrowers shall select the rate of interest and Interest Period, if any, applicable to any Revolving Credit Loan at the time a Notice of Revolving Credit Credit/Swingline Borrowing is given pursuant to Section 2.2 2.3(a) or a Notice of Term Loan Borrowing is given pursuant to Section 4.2 or at the time a Notice of Conversion/Continuation is given pursuant to Section 5.2. Each Revolving Credit Loan or portion thereof bearing interest based on the Base Rate (other than Swingline Loans) shall be a "Base Rate Loan", and each Revolving Credit Loan or portion thereof bearing interest based on the LIBOR Rate shall be a "LIBOR Rate Loan." Any Revolving Credit Loan or any portion thereof as to which the Borrower has Borrowers have not duly specified an interest rate as provided herein shall be deemed a Base Rate Loan.

Appears in 1 contract

Samples: Credit Agreement (GTS Duratek Inc)

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