Common use of Availability of Types of Advances; Adequacy of Interest Rate Clause in Contracts

Availability of Types of Advances; Adequacy of Interest Rate. If the Administrative Agent or the Required Lenders determine that deposits of a type and maturity appropriate to match fund Eurocurrency Advances or Daily Eurocurrency Loans are not available to such Lenders in the relevant market or the Administrative Agent, in consultation with the Lenders, determines that the interest rate applicable to Eurocurrency Advances or Daily Eurocurrency Loans is not ascertainable or does not adequately and fairly reflect the cost of making or maintaining Eurocurrency Advances or Daily Eurocurrency Loans, then the Administrative Agent shall suspend the availability of Eurocurrency Advances or Daily Eurocurrency Loans and require any affected Eurocurrency Advances or Daily Eurocurrency Loans to be repaid or converted to Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 8 contracts

Samples: Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn), Credit Agreement (Polaris Industries Inc/Mn)

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Availability of Types of Advances; Adequacy of Interest Rate. If the Administrative Agent or the Required Lenders determine that deposits of a type and maturity appropriate to match fund Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans are not available to such Lenders in the relevant market or the Administrative Agent, in consultation with the Lenders, determines that the interest rate applicable to Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans is not ascertainable or does not adequately and fairly reflect the cost of making or maintaining Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans, then the Administrative Agent shall suspend the availability of Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans and require any affected Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans to be repaid or converted to Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 4 contracts

Samples: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (C H Robinson Worldwide Inc)

Availability of Types of Advances; Adequacy of Interest Rate. If the Administrative Agent or the Required Lenders determine that deposits of a type and maturity appropriate to match fund Eurocurrency Advances or Daily Eurocurrency Loans are not available to such Lenders in the relevant market or the Administrative Agent, in consultation with the Lenders, determines that the interest rate applicable to Eurocurrency Advances or Daily Eurocurrency Loans is not ascertainable or does not adequately and fairly reflect the cost of making or maintaining Eurocurrency Advances or Daily Eurocurrency Loans, then the Administrative Agent shall suspend the availability of Eurocurrency Advances or Daily Eurocurrency Loans and require any affected Eurocurrency Advances or Daily Eurocurrency Loans to be repaid or converted to Base Rate AdvancesAdvances (bearing interest at other than the Daily Eurocurrency Rate), subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 3 contracts

Samples: Credit Agreement (Orchids Paper Products CO /DE), Credit Agreement (Orchids Paper Products CO /DE), Credit Agreement (Orchids Paper Products CO /DE)

Availability of Types of Advances; Adequacy of Interest Rate. If the Administrative Agent or the Required Lenders determine that deposits of a type and maturity appropriate to match fund Eurocurrency Advances or Daily Eurocurrency Loans are not available to such Lenders in the relevant market or the Administrative Agent, in consultation with the Lenders, determines that the interest rate applicable to Eurocurrency Advances or Daily Eurocurrency Loans is not ascertainable or does not adequately and fairly reflect the cost of making or maintaining Eurocurrency Advances or Daily Eurocurrency Loans, then the Administrative Agent shall suspend the availability of Eurocurrency Advances or Daily Eurocurrency Loans and require any affected Eurocurrency Advances or Daily Eurocurrency Loans to be repaid or converted to Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4Loans.

Appears in 1 contract

Samples: Credit Agreement (Henry Jack & Associates Inc)

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Availability of Types of Advances; Adequacy of Interest Rate. If the Administrative Agent or the Required Lenders determine that deposits of a type and maturity appropriate to match fund Eurocurrency Advances or Daily Eurocurrency Loans are not available to such Lenders in the 50 relevant market or the Administrative Agent, in consultation with the Lenders, determines that the interest rate applicable to Eurocurrency Advances or Daily Eurocurrency Loans is not ascertainable or does not adequately and fairly reflect the cost of making or maintaining Eurocurrency Advances or Daily Eurocurrency Loans, then the Administrative Agent shall suspend the availability of Eurocurrency Advances or Daily Eurocurrency Loans and require any affected Eurocurrency Advances or Daily Eurocurrency Loans to be repaid or converted to Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Appears in 1 contract

Samples: Credit Agreement (Plexus Corp)

Availability of Types of Advances; Adequacy of Interest Rate. If the Administrative Agent or and the Required Lenders determine that deposits of a type and maturity appropriate to match fund Eurocurrency Eurodollar Advances or Daily Eurocurrency Loans are not available to such Lenders in the relevant market or the Administrative Agent, in consultation with the Lenders, determines that the interest rate applicable to Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans is not ascertainable or the Required Lenders notify the Administrative Agent that the interest rate applicable to Eurodollar Advances or Daily Eurodollar Loans does not adequately and fairly reflect the cost of making or maintaining Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans, then the Administrative Agent shall suspend the availability of Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans and require any affected Eurocurrency Eurodollar Advances or Daily Eurocurrency Eurodollar Loans to be repaid or converted to Base Rate Advances, Advances at the end of the then applicable Interest Period (subject to the payment of any funding indemnification amounts required by Section 3.4).

Appears in 1 contract

Samples: Credit Agreement (Inventure Foods, Inc.)

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