Common use of Alternate Loan and Lender Clause in Contracts

Alternate Loan and Lender. In the event any Lender suspends the making of any Eurodollar Loan or any Competitive Bid Loan at the Eurodollar Competitive Rate pursuant to this Article IV (herein a "Restricted Lender"), the Restricted Lender's Applicable Commitment Percentage of such Eurodollar Loans or such Competitive Bid Loans shall bear interest at either the Base Rate, the Eurodollar Revolver Rate or the Eurodollar Competitive Rate for which the suspension does not apply, as selected by the Borrowers, until the Restricted Lender once again makes available the applicable Eurodollar Loan or Competitive Bid Loan at the Eurodollar Competitive Rate. Notwithstanding the provisions of Section 2.03(b), interest shall be payable to the Restricted Lender at the time and manner as paid to those Lenders making available Eurodollar Loans or Competitive Bid Loans at the Eurodollar Competitive Rate. If the obligation of any Lender to make Eurodollar Loans or Competitive Bid Loans at the Eurodollar Competitive Rate is suspended, the Borrowers may, with respect to such Lender, elect to terminate this Agreement, and in connection therewith, not to borrow at the Base Rate as provided above; provided, that the Borrowers notify such Lender through the Administrative Agent of such election at least three Business Days before any date fixed for such borrowing and (i) repay all of such Lender's outstanding Loans plus all accrued interest, commitment fees and other amounts owing to, but not including, the date of repayment at the end of the respective Interest Periods applicable thereto, and (ii) selects, with the consent of the Administrative Agent, which shall not be unreasonably withheld, an assignee which shall assume all the rights and obligations of such Lender as to which this Agreement has been terminated. Upon receipt by the Administrative Agent of such notice and the assignment to and assumption of the Revolving Credit Commitment by a replacement bank, the Revolving Credit Commitment of such Lender shall terminate.

Alternate Loan and Lender. (a) In the event any Lender suspends the making of any Eurodollar Rate Loan or any Competitive Bid Loan at the Eurodollar Competitive Rate pursuant to this Article IV V (herein a "Restricted Lender"), the Restricted Lender's Applicable Commitment Percentage of such any Eurodollar Loans or such Competitive Bid Loans Rate Loan shall bear interest at either the Base Rate, the Eurodollar Revolver Rate or the Eurodollar Competitive Rate for which the suspension does not apply, as selected by the Borrowers, until the Restricted Lender once again makes available the applicable Eurodollar Loan or Competitive Bid Loan at the Eurodollar Competitive RateRate Loan. Notwithstanding the provisions of Section 2.03(b)2.2(b) hereof, interest shall be payable to the Restricted Lender at the time and manner as paid to those Lenders making available Eurodollar Loans or Competitive Bid Loans at the Eurodollar Competitive Rate. be (b) If the obligation of any Lender SouthTrust to make Floating Eurodollar Rate Swing Line Loans or Competitive Bid shall be suspended pursuant to this Article V, the Floating Eurodollar Rate Swing Line Loans at shall be automatically on the same Business Day become Base Rate Swing Line Loans and, unless and until SouthTrust gives notice as provided below that the circumstances specified in this Article V that gave rise to such suspension no longer exist: (i) all payments and prepayments of principal that would otherwise be applied to such Floating Eurodollar Competitive Rate is suspendedSwing Line Loans shall be applied instead to Base Rate Swing Line Loans; and (ii) all Swing Line Loans that would otherwise be made by the Swing Line Lender as Floating Eurodollar Rate Swing Line Loans shall be made instead as Base Rate Swing Line Loans. If SouthTrust gives notice to the Borrowers that the circumstances specified in this Article V that gave rise to the suspension of Floating Eurodollar Rate Swing Line Loans pursuant to this Section 5.5 no longer exist (which SouthTrust agrees to do promptly upon such circumstances ceasing to exist), the Borrowers may, with respect to such Lender, elect to terminate this Agreementmay again request, and in connection therewithSouthTrust shall make, not to borrow at the Base Floating Eurodollar Rate as provided above; provided, that the Borrowers notify such Lender through the Administrative Agent of such election at least three Business Days before any date fixed for such borrowing and (i) repay all of such Lender's outstanding Loans plus all accrued interest, commitment fees and other amounts owing to, but not including, the date of repayment at the end of the respective Interest Periods applicable thereto, and (ii) selects, with the consent of the Administrative Agent, which shall not be unreasonably withheld, an assignee which shall assume all the rights and obligations of such Lender as to which this Agreement has been terminated. Upon receipt by the Administrative Agent of such notice and the assignment to and assumption of the Revolving Credit Commitment by a replacement bank, the Revolving Credit Commitment of such Lender shall terminateSwing Line Loans.

Alternate Loan and Lender. (a) In the event any Lender suspends the making of any Eurodollar Rate Loan or any Competitive Bid Loan at the Eurodollar Competitive Rate pursuant to this Article IV (herein a "Restricted Lender"), the Restricted Lender's Applicable Commitment Percentage of such any Eurodollar Loans or such Competitive Bid Loans Rate Loan shall bear interest at either the Base Rate, the Eurodollar Revolver Rate or the Eurodollar Competitive Rate for which the suspension does not apply, as selected by the BorrowersBorrower, until the Restricted Lender once again makes available the applicable Eurodollar Loan or Competitive Bid Loan at the Eurodollar Competitive RateRate Loan. Notwithstanding the provisions of Section 2.03(b2.02(b), interest shall be payable to the Restricted Lender at the time and manner as paid to those Lenders making available Eurodollar Loans or Competitive Bid Loans at Rate Loans. (b) In the Eurodollar Competitive Rate. If the obligation of event any Lender shall continue to make Eurodollar Loans or Competitive Bid Loans at be a Restricted Lender for more than three consecutive months, such Restricted Lender hereby agrees that upon the Eurodollar Competitive Rate is suspendedrequest of the Borrower, upon the Borrowers may, with respect Borrower causing to such Lender, elect be delivered to terminate this Agreement, and in connection therewith, not to borrow at the Base Rate as provided above; provided, that the Borrowers notify such Lender through the Administrative Agent of such election at least three Business Days before any date fixed for such borrowing and (i) repay all of a substitute lender acceptable to the Agent, (ii) an Assignment and Acceptance Agreement executed by such Lender's outstanding Loans plus all accrued interest, commitment fees and other amounts owing to, but not including, the date of repayment at the end of the respective Interest Periods applicable theretosubstitute lender pursuant to Section 11.01(a), and (iiiii) selectsimmediately available funds in an amount sufficient to pay all amounts owed hereunder to such Restricted Lender, with it shall execute the consent Assignment and Acceptance Agreement referred to above and surrender its Note to the Borrower upon receipt of the Administrative Agent, which shall not be unreasonably withheld, an assignee which shall assume all the rights and obligations payment of such Lender as amounts owed to which its under this Agreement has been terminated. Upon receipt by the Administrative Agent of such notice and the assignment to and assumption of the Revolving Credit Commitment by a replacement bank, the Revolving Credit Commitment of such Lender shall terminateAgreement.