Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur télécharger pdf (Page 142)

(d) Upon the occurrence and during the continuance of any Event of Default under Section 6.01(a), each

Eurodollar Rate Advance will automatically, on the last day of the then existing Interest Period therefor, Convert into a Base Rate

Advance.

(e) If fewer than two Reference Banks furnish timely information to the Administrative Agent for determining

the Eurodollar Rate for any Eurodollar Rate Advances in accordance with clause (b) of the definition thereof set forth in Section 1.01:

(i) the Administrative Agent shall forthwith notify the affected Borrower and the Lenders that the interest rate

cannot be determined for such Eurodollar Rate Advances;

(ii) each such Eurodollar Rate Advance will automatically, on the last day of the then existing Interest Period

therefor, Convert into a Base Rate Advance (or, if such Advance is then a Base Rate Advance, will continue as a Base Rate

Advance); and

(iii) the obligation of the Lenders to make Eurodollar Rate Advances, or to Convert Advances into Eurodollar

Rate Advances, shall be suspended until the Administrative Agent shall notify the Borrowers and the Lenders that the

circumstances causing such suspension no longer exist.

SECTION 2.09. Optional Conversion of Advances. Each Borrower may on any Business Day on which no Default

has occurred and is continuing, upon notice given to the Administrative Agent not later than 2:00 P.M. (New York City time) on the

third Business Day prior to the date of the proposed Conversion in the case of a Conversion of Base Rate Advances into Eurodollar

Rate Advances or of Eurodollar Rate Advances of one Interest Period into Eurodollar Rate Advances of another Interest Period, or not

later than 1:00 P.M. (New York City time) on the same Business Day as the date of the proposed Conversion in the case of a

Conversion of Eurodollar Rate Advances into Base Rate Advances, and, in any case, subject to the provisions of Sections 2.08, 2.09

and 2.13, Convert all Advances comprising one or more Borrowings into one or more Borrowings comprised of Advances; provided,

however, that:

(a) No Conversion of Advances shall result in any Borrowing failing to comply with the second sentence of

Section 2.01(a); and

(b) In the case of any Conversion of Eurodollar Rate Advances of one Interest Period into Eurodollar Rate

Advances of another Interest Period or of Eurodollar Rate Advances into Base Rate Advances other than on the last day of an

Interest Period therefor, the Borrower requesting such Conversion shall be obligated to reimburse the Lenders in respect

thereof pursuant to Section 9.04(c).

Each such notice of a Conversion shall, within the restrictions specified above, specify (i) the date of such Conversion (which shall be

a Business Day), (ii) the Advances to be Converted and (iii) if such Conversion is into Eurodollar Rate Advances, the duration of the

initial Interest Period for each such Advance. Each notice of Conversion shall be irrevocable and binding on the Borrower requesting

such Conversion.

Source: BLACK & DECKER CORP, 10-K, February 19, 2010 Powered by Morningstar

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Black & Decker CYCLONE BLC12600BUC Manuel d'utilisateur Page 142