Common use of Availability of Eurodollar Rate Loans Clause in Contracts

Availability of Eurodollar Rate Loans. If: (a) any Bank determines that maintenance of a Eurodollar Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (b) the Majority Banks determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (ii) the Base Eurodollar Rate does not accurately reflect the cost of making or maintaining a Eurodollar Rate Loan, then the Agent shall suspend the availability of Eurodollar Rate Loans and, in the case of clause (a), require any outstanding Eurodollar Rate Loans to be converted to Floating Rate Loans on such date as is required by the applicable law, rule, regulation or directive.

Appears in 12 contracts

Samples: Revolving Credit Agreement (CMS Energy Corp), Revolving Credit Agreement (CMS Energy Corp), Revolving Credit Agreement (Consumers Energy Co)

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Availability of Eurodollar Rate Loans. If: (a) any Bank determines that maintenance of a Eurodollar Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (b) the Majority Banks determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (ii) the Base Eurodollar Rate does not accurately reflect the cost of making or maintaining a Eurodollar Rate Loan, then the Agent shall suspend the availability of Eurodollar Rate Loans and, in the case of clause (a), require any outstanding Eurodollar Rate Loans to be converted to Floating Rate Loans on such date as is required by the applicable law, rule, regulation or directive.

Appears in 5 contracts

Samples: Credit Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp), Revolving Credit Agreement (Consumers Energy Co)

Availability of Eurodollar Rate Loans. If: (a) any Bank determines that maintenance of a Eurodollar Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (b) the Majority Banks determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (ii) the Base Eurodollar Rate does not accurately reflect the cost of making or maintaining a Eurodollar Rate Loan, then the Agent shall suspend the availability of Eurodollar Rate Loans and, in the case of clause (a), require any outstanding Eurodollar Rate Loans to be converted to Floating Rate Loans on such date as is required by the applicable law, rule, regulation or directive.

Appears in 5 contracts

Samples: Term Loan Agreement (Consumers Energy Co), Credit Agreement (CMS Energy Corp), 364 Day Credit Agreement (Consumers Energy Co)

Availability of Eurodollar Rate Loans. If: (aA) any Bank determines that maintenance of a Eurodollar Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (bB) the Majority Banks determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (ii) the Base Eurodollar Rate does not accurately reflect the cost of making or maintaining a Eurodollar Rate Loan, then the Agent shall suspend the availability of Eurodollar Rate Loans and, in the case of clause (aA), require any outstanding Eurodollar Rate Loans to be converted to Floating Rate Loans on such date as is required by the applicable law, rule, regulation or directive.

Appears in 1 contract

Samples: Term Loan Agreement (Consumers Energy Co)

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Availability of Eurodollar Rate Loans. If: (ai) any Bank determines that maintenance of a Eurodollar Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (bii) the Majority Banks determine that (iA) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (iiB) the Base Eurodollar Rate does not accurately reflect the cost of making or maintaining a Eurodollar Rate Loan, then the Agent shall suspend the availability of Eurodollar Rate Loans and, in the case of clause (ai), require any outstanding Eurodollar Rate Loans to be converted to Floating Rate Loans on such date as is required by the applicable law, rule, regulation or directive.

Appears in 1 contract

Samples: Term Loan Agreement (Panhandle Eastern Pipe Line Co)

Availability of Eurodollar Rate Loans. If: (ai) any Bank determines that maintenance of a Eurodollar Rate Loan at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (bii) the Majority Banks determine that (iA) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (iiB) the Base Eurodollar Rate does not accurately reflect the cost of making or maintaining a Eurodollar Rate Loan, then the Agent shall suspend the availability of Eurodollar Rate Loans and, in the case of clause (ai), require any outstanding Eurodollar Rate Loans to be converted to Floating Rate Loans on such date as is required by the applicable law, rule, regulation or directive.

Appears in 1 contract

Samples: Term Loan Agreement (Consumers Energy Co)

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