Common use of Interest and Interest Payment Dates Clause in Contracts

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Rate, Borrower shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate Option with respect thereto, the interest rate applicable to such Non-Prime Rate Loan automatically shall convert to the rate of interest then applicable to Prime Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime Rate.

Appears in 3 contracts

Samples: Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.), Credit Agreement (PointClickCare Corp.)

AutoNDA by SimpleDocs

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate "LIBOR Option") to have interest on all or a portion of the Revolving Loans Advances be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; thereto (provided, however, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on occurrence of an Event of Default in consequence of which Lender has elected to accelerate the maturity of all or any portion of the Obligations are accelerated pursuant to the terms hereofObligations, or (iii) the date on which termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans Advances bear interest at a rate based upon the Non-Prime RateLIBOR Rate and Lender shall have the right to convert the interest rate on all outstanding LIBOR Rate Loans to the rate then applicable to Base Rate Loans hereunder.

Appears in 3 contracts

Samples: Loan and Security Agreement (Viskase Companies Inc), Loan and Security Agreement (Viskase Companies Inc), Loan and Security Agreement (Viskase Companies Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Reference Rate, Borrower shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans Advances be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; thereto (provided, however, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on occurrence of an Event of Default in consequence of which Foothill has elected to accelerate the maturity of all or any portion of the Obligations are accelerated pursuant to the terms hereofObligations, or (iii) the date on which termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Reference Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans Advances bear interest at a rate based upon the Non-Prime RateLIBOR Rate and Foothill shall have the right to convert the interest rate on all outstanding LIBOR Rate Loans to the rate then applicable to Reference Rate Loans hereunder.

Appears in 2 contracts

Samples: Loan and Security Agreement (Image Entertainment Inc), Loan and Security Agreement (Image Entertainment Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Rate, Borrower shall have the option, subject to Section 2.12(b) below (the "Non-Prime Rate Option") to have interest on all or a portion of the Revolving Loans Advances be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Non-Prime Rate, as applicable. Interest on Non-Prime Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), ; (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate Option with respect thereto, the interest rate applicable to such Non-Prime Rate Loan automatically shall convert to the rate of interest then applicable to Prime Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans Advances bear interest at a rate based upon the Non-Prime Rate.

Appears in 2 contracts

Samples: Credit Agreement (MDC Partners Inc), Credit Agreement (MDC Partners Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate "SOFR Option") to have interest on all or a portion of (x) the Revolving Loans or (y) the Term Loan be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate SOFR Loan, or upon continuation of a Non-Prime Rate SOFR Loan as a Non-Prime Rate SOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableTerm SOFR. Interest on Non-Prime Rate SOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three months in duration, interest shall be payable at 3 three month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime Rate SOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate SOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans or any portion of the Term Loan bear interest at a rate based upon the Non-Prime RateTerm SOFR.

Appears in 2 contracts

Samples: Credit Agreement (Farmer Brothers Co), Credit Agreement (Farmer Brothers Co)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate "LIBOR Option") to have interest on all or a portion of the Revolving Loans Advances be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; thereto (provided, thathowever, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on occurrence of an Event of Default in consequence of which Lender has elected to accelerate the maturity of all or any portion of the Obligations are accelerated pursuant to the terms hereofObligations, or (iii) the date on which termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans Advances bear interest at a the LIBOR Rate and Lender shall have the right to convert the interest rate based upon on all outstanding LIBOR Rate Loans to the Non-Prime Raterate then applicable to Base Rate Loans hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Anacomp Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the "Non-Prime Base Rate Option") to have interest on all or a portion of the Revolving Loans or the Term Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Base Rate Loan, or upon continuation of a Non-Prime Base Rate Loan as a Non-Prime Base Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Non-Base Rate, as applicable. Interest on Non-Prime Base Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless the Administrative Borrower properly has exercised the Non-Prime Base Rate Option with respect thereto, the interest rate applicable to such Non-Prime Base Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Upland Software, Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate LIBOR RateSOFR Loan, or upon continuation of a Non-Prime Rate LIBOR RateSOFR Loan as a Non-Prime Rate LIBOR RateSOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateAdjusted Term SOFR. Interest on Non-Prime Rate LIBOR RateSOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three months in duration, interest shall be payable at 3 three-month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate LIBOR RateSOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of Agent or the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime RateLIBOR RateAdjusted Term SOFR.

Appears in 1 contract

Samples: Credit Agreement (Kaiser Aluminum Corp)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans Advances be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; thereto (provided, however, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on occurrence of an Event of Default in consequence of which Lender has elected to accelerate the maturity of all or any portion of the Obligations are accelerated pursuant to the terms hereofObligations, or (iii) the date on which termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans Advances bear interest at a rate based upon the Non-Prime RateLIBOR Rate and Lender shall have the right to convert the interest rate on all outstanding LIBOR Rate Loans to the rate then applicable to Base Rate Loans hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Lazy Days R.V. Center, Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans Loans, the Term Loan, the Delayed Draw Term Loan 1 or the Delayed Draw Term Loan 2 be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime LIBOR Rate Loan, or upon continuation of a Non-Prime LIBOR Rate Loan as a Non-Prime LIBOR Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime LIBOR Rate.

Appears in 1 contract

Samples: Credit Agreement (Medical Action Industries Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate LIBOR RateSOFR Loan, or upon continuation of a Non-Prime Rate LIBOR RateSOFR Loan as a Non-Prime Rate LIBOR RateSOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateAdjusted Term SOFR. Interest on Non-Prime Rate LIBOR RateSOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three months in duration, interest shall be payable at 3 three month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate LIBOR RateSOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of Agent or the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime RateLIBOR RateAdjusted Term SOFR.

Appears in 1 contract

Samples: Credit Agreement (CPI Card Group Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) 100 below (the “Non-Prime Rate LIBOR SOFR Option”) ), to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime LIBOR Rate SOFR Loan, or upon continuation of a Non-Prime LIBOR Rate SOFR Loan as a Non-Prime LIBOR Rate SOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableAdjusted Term SOFR. Interest on Non-Prime LIBOR Rate SOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three months in duration, interest shall be payable at 3 three month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime LIBOR Rate SOFR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate SOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of Agent or the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime RateLIBOR Rate Adjusted Term SOFR.

Appears in 1 contract

Samples: Credit Agreement (Oil States International, Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower US Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the US Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate LIBOR RateSOFR Loan, or upon continuation of a Non-Prime Rate LIBOR RateSOFR Loan as a Non-Prime Rate LIBOR RateSOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateAdjusted Term SOFR. Interest on Non-Prime Rate LIBOR RateSOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, provided that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three (3) months in duration, interest shall be payable at 3 three (3) month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On With respect to any US Revolving Loan, on the last day of each applicable Interest Period, unless Borrower US Borrowers have properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate LIBOR RateSOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime RateLIBOR RateAdjusted Term SOFR.

Appears in 1 contract

Samples: Credit Agreement (Concrete Pumping Holdings, Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate LIBOR RateSOFR Loan, or upon continuation of a Non-Prime Rate LIBOR RateSOFR Loan as a Non-Prime Rate LIBOR RateSOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateAdjusted Term SOFR. Interest on Non-Prime Rate LIBOR RateSOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three months in duration, interest shall be payable at 3 three month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate LIBOR RateSOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime RateLIBOR RateAdjusted Term SOFR.

Appears in 1 contract

Samples: Credit Agreement (Insteel Industries Inc)

AutoNDA by SimpleDocs

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the Revolving Loans or the Floorplan Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime LIBORSOFR Rate Loan, or upon continuation of a Non-Prime LIBORSOFR Rate Loan as a Non-Prime LIBORSOFR Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateTerm SOFR. Interest on Non-Prime LIBORSOFR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime LIBORSOFR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of Agent or the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans or Floorplan Loans bear interest at a rate based upon the Non-Prime Rate.LIBOR RateTerm SOFR. (b)

Appears in 1 contract

Samples: Credit Agreement (Titan Machinery Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below (the “Non-Prime Base Rate Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Base Rate Loan, or upon continuation of a Non-Prime Base Rate Loan as a Non-Prime Base Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Non-Base Rate, as applicable. Interest on Non-Prime Base Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower has properly has exercised the Non-Prime Base Rate Option with respect thereto, the interest rate applicable to such Non-Prime Base Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime Base Rate; provided that, for the avoidance of doubt, any Revolving Loans that are Non-Base Rate Loans as the time of such election shall continue as Non-Base Rate Loans until the end of the applicable Interest Period (and shall then automatically convert to Base Rate Loans of the same type).

Appears in 1 contract

Samples: Credit Agreement (Birks Group Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b3.11(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate LIBOR RateSOFR Loan, or upon continuation of a Non-Prime Rate LIBOR RateSOFR Loan as a Non-Prime Rate LIBOR RateSOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateAdjusted Term SOFR. Interest on Non-Prime Rate LIBOR RateSOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower have properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate LIBOR RateSOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of Administrative Agent or the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime RateLIBOR RateAdjusted Term SOFR.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Janus International Group, Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans Advances be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of as follows: (i) on the last day of the Interest Period applicable thereto, or if an Interest Period is greater than 90 days, at the expiration of each 90-day period occurring within the Interest Period as well as at the expiration of the Interest Period; provided, that, subject to the following clauses (ii) and (iii), upon the occurrence of an Event of Default in consequence of which Lender has elected to accelerate the case maturity of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations (provided, that Lender shall not accelerate any LIBOR Rate Loans unless all Base Rate Loans are accelerated pursuant to the terms hereof, or have been accelerated); or (iii) the date on which upon termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Administrative Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans Advances bear interest at a the LIBOR Rate and Lender shall have the right to convert the interest rate based upon on all outstanding LIBOR Rate Loans to the Non-Prime Raterate then applicable to Base Rate Loans hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Seitel Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Floating Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Base Rate Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Floating Rate Loan to a Non-Prime Base Rate Loan, or upon continuation of a Non-Prime Base Rate Loan as a Non-Prime Base Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Non-Base Rate, as applicable. Interest on Non-Prime Base Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime Base Rate Option with respect thereto, the interest rate applicable to such Non-Prime Base Rate Loan automatically shall convert to the rate of interest then applicable to Prime Floating Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans bear interest at a rate based upon the Non-Prime Base Rate.

Appears in 1 contract

Samples: Credit Agreement (Manitowoc Co Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Reference Rate, the Borrower shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (iA) the last day of the Interest Period applicable thereto; provided, however, that, subject to the following clauses (iiB) and (iiiC), in the case of any Interest Period greater than 3 months 1 month in duration, interest shall be payable at 3 1 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (iiB) the date occurrence of an Event of Default in consequence of which the Required Lenders or Collateral Agent on which behalf thereof elect to accelerate the maturity of all or any portion of the Obligations are accelerated pursuant to the terms hereofObligations, or (iiiC) the date on which termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless the Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Reference Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans bear interest at a the LIBOR Rate and Administrative Agent shall have the right to convert the interest rate based upon on all outstanding LIBOR Rate Loans to the Non-Prime Raterate then applicable to Reference Rate Loans hereunder.

Appears in 1 contract

Samples: Financing Agreement (Metalico Inc)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans Advances made on or after the Revolver Increase Date be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; , (provided, however, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion an Event of Default occurs, at the Obligations are accelerated pursuant to the terms hereofelection of Agent, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Administrative Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Advances that are Base Rate Loans of the same type hereunderLoans. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans Advances bear interest at a rate based upon the Non-Prime RateLIBOR Rate and Agent shall have the right to convert the interest rate on all outstanding LIBOR Rate Loans to the rate then applicable to Advances that are Base Rate Loans hereunder.

Appears in 1 contract

Samples: Credit Agreement (Buca Inc /Mn)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower shall have the option, subject to Section 2.12(b) below option (the “Non-Prime Rate LIBOR Option”) to have interest on all or a portion of the Revolving Loans Advances to be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Rate Loan to a Non-Prime Rate Loan, or upon continuation of a Non-Prime Rate Loan as a Non-Prime Rate Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicable. Interest on Non-Prime LIBOR Rate Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; thereto (provided, however, that, subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 months in duration, interest shall be payable at 3 month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on occurrence of an Event of Default in consequence of which Lender has elected to accelerate the maturity of all or any portion of the Obligations are accelerated pursuant to the terms hereofObligations, or (iii) the date on which termination of this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower properly has exercised the Non-Prime Rate LIBOR Option with respect thereto, the interest rate applicable to such Non-Prime LIBOR Rate Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower no longer shall have the option to request that Revolving Loans the Advances bear interest at a rate based upon the Non-Prime RateLIBOR Rate and Lender shall have the right to convert the interest rate on all outstanding LIBOR Rate Loans to the rate then applicable to Base Rate Loans hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Freshpet, Inc.)

Interest and Interest Payment Dates. In lieu of having interest charged at the rate based upon the Prime Base Rate, Borrower Borrowers shall have the option, subject to Section 2.12(b) below (the “Non-Prime Rate LIBORSOFR Option”) to have interest on all or a portion of the Revolving Loans or the Term Loan be charged (whether at the time when made (unless otherwise provided herein), upon conversion from a Prime Base Rate Loan to a Non-Prime Rate LIBOR RateSOFR Loan, or upon continuation of a Non-Prime Rate LIBOR RateSOFR Loan as a Non-Prime Rate LIBOR RateSOFR Loan) at a rate of interest based upon the LIBOR Rate or BA Equivalent Rate, as applicableRateTerm SOFR. Interest on Non-Prime Rate LIBOR RateSOFR Loans shall be payable on the earliest of (i) the last day of the Interest Period applicable thereto; provided, that, that subject to the following clauses (ii) and (iii), in the case of any Interest Period greater than 3 three months in duration, interest shall be payable at 3 three month intervals after the commencement of the applicable Interest Period and on the last day of such Interest Period), (ii) the date on which all or any portion of the Obligations are accelerated pursuant to the terms hereof, or (iii) the date on which this Agreement is terminated pursuant to the terms hereof. On the last day of each applicable Interest Period, unless Borrower Borrowers have properly has exercised the Non-Prime Rate LIBORSOFR Option with respect thereto, the interest rate applicable to such Non-Prime Rate LIBOR RateSOFR Loan automatically shall convert to the rate of interest then applicable to Prime Base Rate Loans of the same type hereunder. At any time that an Event of Default has occurred and is continuing, at the written election of the Required Lenders, Borrower Borrowers no longer shall have the option to request that Revolving Loans or any portion of the Term Loan bear interest at a rate based upon the Non-Prime Rate.LIBOR RateTerm SOFR. (b)

Appears in 1 contract

Samples: Credit Agreement (Nautilus, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.