Common use of LIBOR Loan Interest Periods Clause in Contracts

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, shall be one (1), two (2), three (3) or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (C) no Interest Period shall end after the Maturity Date for the applicable Loan; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no Interest Period for any LIBOR Portion of a Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date.

Appears in 3 contracts

Samples: Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.), Credit Agreement (Arc Document Solutions, Inc.)

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LIBOR Loan Interest Periods. (i) The initial and In connection with each subsequent LIBOR Loan (other than a CP Conduit Funded LIBOR Construction Loan), Borrower may, pursuant to the applicable Notice of Borrowing or Notice of Conversion of Loan Type, as the case may be, select an Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of to be applicable to such LIBOR LoansLoan, or a LIBOR Portion of a Term Loan Borrowing, as applicable, which Interest Period shall be one (1)one, two (2)two, three (3) three, six or, if available to all Banks and Related Banks and made available by Administrative Agent, nine or six (6) 12 months; provided. Notwithstanding anything to the contrary in this Agreement, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; (C) no Borrower may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after a date upon which Loans are or may be required to be repaid than the Maturity Date for the applicable Loanprincipal amount of Loans scheduled to be outstanding after such date; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after with respect to any portion of the occurrence and during Loans shall extend beyond the continuance of an Event of Default (unless otherwise consented to by the Required Lenders)Final Maturity Date; and (E) no LIBOR Loans for each Interest Period shall be in the amount of at least $1,000,000; (F) Borrower may not at any time have outstanding more than ten different Interest Periods relating to LIBOR Loans; (G) if Borrower fails to specify an Interest Period for any LIBOR Portion Loan in accordance with the terms of this Agreement, (1) in the case of a Term new requested Loan Borrowing (other than a CP Conduit Construction Loan), Borrower shall end after be deemed to have specified such Loans as Base Rate Loans in the applicable Notice of Borrowing, (2) in the case of a Term Loan Installment Date unlessnew requested CP Conduit Construction Loan, after giving effect such Loans shall be funded as CP Conduit Funded LIBOR Construction Loans, and (3) in the case of outstanding Loans (other than a CP Conduit Funded LIBOR Construction Loan), such Loans shall automatically convert to such Interest Period, Base Rate Loans on the aggregate principal amount last day of the Base Rate Portion current Interest Period therefor; (H) for the period from and after the Closing Date to and including the date which is six months after the Closing Date, Borrower may only select a one month Interest Period with respect to any LIBOR Loan other than a CP Conduit Funded LIBOR Construction Loan; and (I) all CP Conduit Funded LIBOR Portions Construction Loans shall have an initial Interest Period of one month or less, commencing on the date such Term CP Conduit Funded Construction Loan Borrowing having is made and ending in each case on the next occurring day that is a fifth Banking Day of a calendar month, and thereafter shall have an Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds Period as determined in accordance with the principal payment on such Term Loan Borrowing due on such Term Loan Installment Dateprovisions of Section 2.1.7(b)(i).

Appears in 2 contracts

Samples: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower Borrowers for a Revolving Loan Borrowing consisting of all LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2)one, three (3) or six (6) months; provided. Notwithstanding anything to the contrary in the preceding sentence, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of the calendar month in which it would have ended if there were a numerically corresponding day in such calendar month; (C) no Borrowers may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after a date upon which Loans are or may be required to be repaid (including the Construction Loan Maturity Date for Date, the applicable LoanTerm Loan Maturity Date, and each Principal Repayment Date) than the principal amount of Loans scheduled to be outstanding after such date; (D) no unless Term-Conversion has occurred, any Interest Period for a Construction Loan which would otherwise end after the Construction Loan Maturity Date shall end on the Construction Loan Maturity Date; (E) any Interest Period for a Term Loan which would otherwise end after the Term Loan Maturity Date shall end on the Term Loan Maturity Date; (F) any Interest Period for a Revolving Loan which would otherwise end after the Revolving Loan Maturity Date shall end on the Revolving Loan Maturity Date; (G) LIBOR Loan or LIBOR Portion Loans for each Interest Period shall be made in the minimum amount of $1,000,000 or continued for an additional integral multiple of $100,000 in excess thereof; (H) Borrowers may not at any time have outstanding more than five different Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented end-dates relating to by the Required Lenders)LIBOR Loans; and (EI) no Interest Period for any LIBOR Portion of a Term Loan Borrowing Borrowers shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion select Types and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior for Term Loans corresponding to such the “types” and “interest periods” used for floating rate payments in the Swap Agreement which hedge interest risk arising under the Term Loan Installment Date equals or exceeds Loans so as to create, to the principal payment on such Term Loan Borrowing due on such Term Loan Installment Dategreatest extent possible, a complete hedge.

Appears in 1 contract

Samples: Credit Agreement (Renegy Holdings, Inc.)

LIBOR Loan Interest Periods. (i) The i)The initial and each subsequent Interest Period selected by the Borrower Borrowers for a Revolving Loan Borrowing consisting of LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2), three (3) or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (C) no Interest Period shall end after the Maturity Date for the applicable LoanDate; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no Interest Period for any LIBOR Portion of a Loans in the Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion Loans and all LIBOR Portions Loans of such the Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such the Term Loan Borrowing due on such Term Loan Installment Date; and (E) no LIBOR Loan shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of LIBOR Loans, Loans or a LIBOR Portion of a the Term Loan Borrowing, as applicable, shall be one (1), two (2), three (3) ), or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (C) no Interest Period shall end after the Maturity Date for the applicable LoanDate; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders)Default; and (E) no Interest Period for any LIBOR Portion of a the Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such the Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such the Term Loan Borrowing due on such Term Loan Installment Date.

Appears in 1 contract

Samples: Credit Agreement (Valueclick Inc/Ca)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower Borrowers for a Revolving Loan Borrowing consisting of all LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2)one, three (3) or six (6) months; provided. Notwithstanding anything to the contrary in the preceding sentence, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of the calendar month in which it would have ended if there were a numerically corresponding day in such calendar month; (C) no Borrowers may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after a date upon which Loans are or may be required to be repaid (including the Construction Loan Maturity Date for Date, the applicable LoanTerm Loan Maturity Date, and each Principal Repayment Date) than the principal amount of Loans scheduled to be outstanding after such date; (D) no unless Term-Conversion has occurred, any Interest Period for a Construction Loan which would otherwise end after the Construction Loan Maturity Date shall end on the Construction Loan Maturity Date; (E) any Interest Period for a Term Loan which would otherwise end after the Term Loan Maturity Date shall end on the Term Loan Maturity Date; (F) any Interest Period for a Revolving Loan which would otherwise end after the Revolving Loan Maturity Date shall end on the Revolving Loan Maturity Date; (G) LIBOR Loan or LIBOR Portion Loans for each Interest Period shall be made in the minimum amount of $1,000,000 or continued for an additional integral multiple of $100,000 in excess thereof; (H) Borrowers may not at any time have outstanding more than five different Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented end-dates relating to by the Required Lenders)LIBOR Loans; and (EI) no Interest Period for any LIBOR Portion of a Term Loan Borrowing Borrowers shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion select Types and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior for Term Loans corresponding to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date."types" and "

Appears in 1 contract

Samples: Credit Agreement (Renegy Holdings, Inc.)

LIBOR Loan Interest Periods. (i) The initial and In connection with each subsequent LIBOR Loan, Borrower may, pursuant to the applicable Notice of Borrowing or Notice of Conversion of Loan Type, as the case may be, select an Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of to be applicable to such LIBOR LoansLoan, or a LIBOR Portion of a Term Loan Borrowing, as applicable, which Interest Period shall be one (1)one, two (2)two, three (3) three, six or, if available to all Banks and made available by Administrative Agent, nine or six (6) 12 months; provided. Notwithstanding anything to the contrary herein, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; (C) no Borrower may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after the Maturity Date for the applicable Loana date upon which Loans are or may be required to be repaid than principal amount of Loans scheduled to be outstanding after such date; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after with respect to any portion of the occurrence and during Loans shall extend beyond the continuance of an Event of Default (unless otherwise consented to by the Required Lenders)Loan Maturity Date; and (E) no LIBOR Loans for each Interest Period shall be in the amount of at least $1,000,000; (F) Borrower may not at any time have outstanding more than ten different Interest Periods relating to LIBOR Loans; (G) if Borrower fails to specify an Interest Period for any LIBOR Portion Loan in accordance with the terms of this Agreement, (1) in the case of a Term Loan Borrowing requested Loan, Borrower shall end be deemed to have specified such Loans as Base Rate Loans in the applicable Notice of Borrowing, and (2) in the case of outstanding Loans, such Loans shall automatically convert to Base Rate Loans on the last day of the current Interest Period therefor; and (H) for the period from and after the Closing Date to and including the date which is six months after the Closing Date, Borrower may only select a Term Loan Installment Date unless, after giving effect to such one month Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date.

Appears in 1 contract

Samples: Credit Agreement (NRG Energy Inc)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower Borrowers for a Revolving Loan Borrowing consisting of LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2), three (3) or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (C) no Interest Period shall end after the Maturity Date for the applicable LoanDate; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no Interest Period for any No LIBOR Portion Loan shall be made which would cause the sum of a Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, (1) the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing Loans having Interest Periods ending after any Reduction Date and (2) the undrawn amount of Letters of Credit expiring after such Reduction Date to be in excess of the amount of the Total Revolving Loan Commitment, as scheduled to be reduced pursuant to Section 2.04(b) on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment that Reduction Date.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower Borrowers for a Revolving Loan Borrowing consisting of LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2), three (3) or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (C) no Interest Period shall end after the Maturity Date for the applicable LoanDate; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no Interest Period for any LIBOR Portion of a Loans in the Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion Loans and all LIBOR Portions Loans of such the Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such the Term Loan Borrowing due on such Term Loan Installment Date; and (E) no LIBOR Loan shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Monarch Casino & Resort Inc)

LIBOR Loan Interest Periods. (i) The initial and subsequent Interest Periods for LIBOR Loans shall be a maximum of one month until the date which falls four months after the Closing Date (or such earlier date as may otherwise be agreed to by Administrative Agent and Borrower). Thereafter, each subsequent Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of all LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2)one, three (3) or six (6) months; provided. Notwithstanding anything to the contrary in either of the two preceding sentences, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; , (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; , (C) no Borrower may not select Interest Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after a date upon which Loans are or may be required to be repaid (including the Construction Loan Maturity Date, the Term Loan Maturity Date and each Principal Repayment Date) than the principal amount of Loans scheduled to be outstanding after such date and for purposes of this clause, Borrower shall assume that all Security Fund LC Loans will be repaid on the next Principal Repayment Date, (D) unless Term-Conversion has occurred, any Interest Period for a Construction Loan which would otherwise end after the Construction Loan Maturity Date shall end on the Construction Loan Maturity Date, (E) any Interest Period for a Term Loan which would otherwise end after the Term Loan Maturity Date shall end on the Term Loan Maturity Date, (F) LIBOR Loans for each Interest Period shall end after be in the Maturity Date for the applicable Loan; minimum amount of $500,000 or an integral multiple of $100,000 in excess thereof, (DG) no Borrower may not at any time have outstanding more than six different Interest Periods relating to LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); Loans, and (EH) no Interest Period for any LIBOR Portion of a Term Loan Borrowing Borrower shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion select Types and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior for Construction Loans and Term Loans corresponding to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date"types" and "interest periods" used for floating rate payments in the Interest Rate Agreements so as to create, to the greatest extent possible, a complete hedge.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

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LIBOR Loan Interest Periods. (i) The initial and each subsequent Each Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting all LIBOR Loans shall be one, two, three, six or, if made available by Administrative Agent, 12 months or such other period as close to three months as is practicable to enable Borrower to limit the number of LIBOR Loans, Loans as required by this Section 2.1.3(b)(i) or a LIBOR Portion of a Term Loan Borrowing, as applicable, shall be one to comply with clauses (1C), two (2), three (3D) or six (6F) months; providedof the next sentence. Notwithstanding anything to the contrary in the preceding sentence, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; (C) no Borrower may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after the Maturity Date for the applicable Loana date upon which Loans are or may be required to be repaid than principal amount of Loans scheduled to be outstanding after such date; (D) no any Interest Period for a Loan which would otherwise end after the Loan Maturity Date shall end on the Loan Maturity Date; (E) LIBOR Loan or LIBOR Portion Loans for each Interest Period shall be made or continued for an additional Interest Period after in the occurrence and during the continuance amount of an Event of Default (unless otherwise consented to by the Required Lenders)at least $100,000; and (EF) no Interest Period for Borrower may not at any LIBOR Portion of a Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing having time have outstanding more than twelve different Interest Periods ending on or prior relating to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment DateLIBOR Loans.

Appears in 1 contract

Samples: Security Agreement (Calpine Corp)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Each Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of all LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, Loans shall be one (1), two (2)one, three (3) or six (6) months; provided. Notwithstanding anything to the contrary in the preceding sentence, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; , (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; , (C) no Borrower may not select Interest Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after a date upon which Loans are or may be required to be repaid (including the Maturity Date and each Principal Repayment Date) than the principal amount of Loans scheduled to be outstanding after such date, (D) any Interest Period shall for a Term Loan which would otherwise end after the Maturity Date for shall end on the applicable Loan; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and Maturity Date, (E) no LIBOR Loans for each Interest Period for any LIBOR Portion of a Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, be in the aggregate principal minimum amount of the Base Rate Portion and all LIBOR Portions $500,000 or an integral multiple of such Term Loan Borrowing having $100,000 in excess thereof, (F) Borrower may not at any time have outstanding more than six different Interest Periods ending on or prior relating to such LIBOR Loans, and (G) Borrower shall select Types and Interest Periods for Term Loan Installment Date equals or exceeds Loans corresponding to the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date“types” and “interest periods” used for floating rate payments in the Interest Rate Agreements so as to create, to the greatest extent possible and subject to Section 5.18.1, a complete hedge.

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower Borrowers for a Revolving Loan Borrowing consisting of LIBOR Loans, or a LIBOR Portion of a the Term Loan Borrowing, as applicable, shall be one (1), two (2), three (3) or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a calendar month; (C) no Interest Period shall end after the Maturity Date for the applicable LoanDate; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no Interest Period for any LIBOR Portion of a the Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such the Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such the Term Loan Borrowing due on such Term Loan Installment Date.

Appears in 1 contract

Samples: Credit Agreement (Smile Brands Group Inc.)

LIBOR Loan Interest Periods. (i) The initial and each subsequent Interest Period selected by the Borrower for a Revolving Loan Borrowing consisting of LIBOR Loans, or a LIBOR Portion of a Term Loan Borrowing, as applicable, shall be one (1), two (2), three (3) or six (6) months; provided, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Day shall be extended to the next succeeding Business Day unless such next Business Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Day; (B) any Interest Period which begins on the last Business Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Day of a the calendar monthmonth at the end of such Interest Period; (C) no Interest Period shall end after the Maturity Date for the applicable Loan; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no Interest Period for any LIBOR Portion of a Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date. (ii) The Borrower shall notify the Administrative Agent of the Borrower’s selection of a new Interest Period for a Revolving Loan Borrowing consisting of LIBOR Loans or a LIBOR Portion of a Term Loan Borrowing, as applicable, by an irrevocable written notice substantially in the form of Exhibit C (a “Notice of Interest Period Selection”), duly executed by a Responsible Officer of the Borrower and appropriately completed, not later than 11:00 a.m. at least three (3) Business Days prior to the last day of each Interest Period for (x) a Revolving Loan Borrowing consisting of LIBOR Loans or (y) a LIBOR Portion of a Term Loan Borrowing, as applicable, of the Interest Period selected by the Borrower for the next succeeding Interest Period for such LIBOR Loans or LIBOR Portion; provided, however, that no LIBOR Loan or LIBOR Portion shall be continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default. Each Notice of Interest Period Selection shall be given by first-class mail or facsimile or by e-mail containing a PDF of such signed and completed Notice of Interest Period Selection to the Administrative Agent at the office or to the facsimile number or e-mail address and during the hours specified in Section 8.01; provided, however, that, if requested by the Administrative Agent, the Borrower shall promptly deliver to the Administrative Agent the original of any Notice of Interest Period Selection initially delivered by facsimile or e-mail. If (A) the Borrower shall fail to notify the Administrative Agent of the next Interest Period for a Revolving Loan Borrowing consisting of LIBOR Loans or a LIBOR Portion of a Term Loan Borrowing, as applicable, in accordance with this Section 2.01(f) or (B) an Event of Default has occurred and is continuing on the last date of an Interest Period for any LIBOR Loan or LIBOR Portion, such LIBOR Loan(s) and LIBOR Portion(s) shall automatically convert to Base Rate Loan(s) and Base Rate Portion(s), as applicable, on the last day of the current Interest Period therefor. The Administrative Agent shall promptly notify (x) each Revolving Lender of the contents of each Notice of Interest Period Selection for the Revolving Loans and (y) each Term Lender of the contents of each Notice of Interest Period Selection for a Term Loan Borrowing and Portions thereof.

Appears in 1 contract

Samples: Credit Agreement (Arc Document Solutions, Inc.)

LIBOR Loan Interest Periods. (i) The initial and subsequent Interest Periods for LIBOR Loans shall be a maximum of one month during the six month period immediately following the Closing Date; provided that Administrative Agent may otherwise approve, in its sole discretion, a longer Interest Period which is requested by Borrower and otherwise complies with the following provisions of this Section 2.1.3(b)(i). Thereafter, each subsequent Interest Period (including any Interest Period referenced in the proviso of the first sentence of this Section 2.1.3(b)) selected by the Borrower for a Revolving Loan Borrowing consisting all LIBOR Loans shall be one, two, three, six or, if made available by Administrative Agent, 12 months or such other period as close to three months as is practicable to enable Borrower to limit the number of LIBOR Loans, Loans as required by this Section 2.1.3(b)(i) or a LIBOR Portion of a Term Loan Borrowing, as applicable, shall be one to comply with clauses (1C), two (2), three (3D) or six (6F) months; providedof the next sentence. Notwithstanding anything to the contrary in either of the two preceding sentences, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; (C) no Borrower may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after the Maturity Date for the applicable Loana date upon which Loans are or may be required to be repaid than principal amount of Loans scheduled to be outstanding after such date; (D) no LIBOR Loan or LIBOR Portion shall be made or continued for an additional Interest Period after the occurrence and during the continuance of an Event of Default (unless otherwise consented to by the Required Lenders); and (E) no any Interest Period for any LIBOR Portion of a Term Loan Borrowing which would otherwise end after the Loan Maturity Date shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, on the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing having Interest Periods ending on or prior to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment Date.Loan

Appears in 1 contract

Samples: Credit Agreement (Calpine Corp)

LIBOR Loan Interest Periods. (i) The initial and subsequent Interest Periods for LIBOR Loans shall be a maximum of one month during the six month period immediately following the Closing Date; provided that Administrative Agent may otherwise approve, in its sole discretion, a longer Interest Period which is requested by Borrower and otherwise complies with the following provisions of this Section 2.1.2(b)(i). Thereafter, each subsequent Interest Period (including any Interest Period referenced in the proviso of the first sentence of this Section 2.1.2(b)) selected by the Borrower for a Revolving Loan Borrowing consisting all LIBOR Loans shall be one, two, three, six or, if made available by Administrative Agent, 12 months or such other period as close to three months as is practicable to enable Borrower to limit the number of LIBOR Loans, Loans as required by this Section 2.1.2(b)(i) or a LIBOR Portion of a Term Loan Borrowing, as applicable, shall be one to comply with clauses (1C), two (2), three (3D) or six (6F) months; providedof the next sentence. Notwithstanding anything to the contrary in either of the two preceding sentences, however, that (A) any Interest Period which would otherwise end on a day which is not a Business Banking Day shall be extended to the next succeeding Business Banking Day unless such next Business Banking Day falls in another calendar month, in which case such Interest Period shall end on the immediately preceding Business Banking Day; (B) any Interest Period which begins on the last Business Banking Day of a calendar month (or on a day for which there is no numerically corresponding day in the calendar month at the end of such Interest Period) shall end on the last Business Banking Day of a calendar month; (C) no Borrower may not select Interest Period shall end Periods which would leave a greater principal amount of Loans subject to Interest Periods ending after the Maturity Date for the applicable Loana date upon which Loans are or may be required to be repaid than principal amount of Loans scheduled to be outstanding after such date; (D) no any Interest Period for a Loan which would otherwise end after the Loan Maturity Date shall end on the Loan Maturity Date; (E) LIBOR Loan or LIBOR Portion Loans for each Interest Period shall be made or continued for an additional Interest Period after in the occurrence and during the continuance amount of an Event of Default (unless otherwise consented to by the Required Lenders)at least $100,000; and (EF) no Interest Period for Borrower may not at any LIBOR Portion of a Term Loan Borrowing shall end after a Term Loan Installment Date unless, after giving effect to such Interest Period, the aggregate principal amount of the Base Rate Portion and all LIBOR Portions of such Term Loan Borrowing having time have outstanding more than twelve different Interest Periods ending on or prior relating to such Term Loan Installment Date equals or exceeds the principal payment on such Term Loan Borrowing due on such Term Loan Installment DateLIBOR Loans.

Appears in 1 contract

Samples: Subordination Agreement (Calpine Corp)

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