Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) require any Advances of the affected Type to be converted to Floating Rate Loans until the circumstances giving rise to such suspension no longer exist.

Appears in 8 contracts

Samples: Credit Agreement (Landcare Usa Inc), Credit Agreement (Metals Usa Inc), Credit Agreement (Transportation Components Inc)

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Eurocurrency Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and type, currency or maturity appropriate to match fund Eurodollar Eurocurrency Rate Advances are not available or (y) the interest rate applicable to a Type of Eurocurrency Rate Advance or Alternate Currency Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) ), require any Advances of the affected Type to be repaid or converted to Floating Rate Loans until the circumstances giving rise to such suspension no longer existinto another Type.

Appears in 5 contracts

Samples: Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc), Credit Agreement (Schawk Inc)

Availability of Types of Advances. If (ia) any Lender determines that maintenance of its Eurodollar Eurocurrency Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (iib) the Required Lenders determine that (xi) deposits of a type and type, currency or maturity appropriate to match fund Eurodollar Fixed-Rate Advances are not available or (yii) the interest rate applicable to a Type of Fixed-Rate Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) a), require any Advances of the affected Type to be repaid or converted to Floating Rate Loans until the circumstances giving rise to such suspension no longer existinto another Type.

Appears in 3 contracts

Samples: Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/), Credit Agreement (Trimble Navigation LTD /Ca/)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (y) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause CLAUSE (iI) require any Advances of the affected Type to be converted to Floating Rate Loans until the circumstances giving rise to such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (Metals Usa Inc)

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurodollar Rate Loans at a suitable Lending Installation would violate any applicable law, rule, regulation regulation, or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (xa) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (yb) the interest rate applicable to a Type of Advance does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent shall suspend the availability of the affected Type of Advance and, in the case of any occurrence set forth in clause (i) ), require any affected Eurodollar Advances of the affected Type to be repaid or converted to Floating Rate Loans until Advances, subject to the circumstances giving rise to such suspension no longer existpayment of any funding indemnification amounts required by SECTION 3.4.

Appears in 1 contract

Samples: Credit Agreement (Ch Energy Group Inc)

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