Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If 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 if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurodollar Rate Advances, then the Administrative Agent shall suspend the availability of Eurodollar Rate Advances and require any affected Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 4.4. ------------

Appears in 4 contracts

Samples: 364 Day Credit Agreement (Energizer Holdings Inc), 364 Day Credit Agreement (Ralston Purina Co), Revolving Credit Agreement (Energizer Holdings Inc)

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Availability of Types of Advances. If 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 if the Required Lenders determine that (ia) deposits of a type and maturity appropriate to match fund Advances of Eurodollar Rate Advances Loans are not available or (iib) the interest rate applicable to Advances of Eurodollar Rate Advances Loans does not accurately reflect the cost of making or maintaining Eurodollar Rate such Advances, then the Administrative Agent shall suspend the availability of Advances of Eurodollar Rate Advances Loans and require any affected Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to Loans at the payment end of any funding indemnification amounts required by Section 4.4. ------------the applicable Interest Period.

Appears in 4 contracts

Samples: Credit Agreement (Energizer SpinCo, Inc.), Credit Agreement (Energizer Holdings Inc), Escrow Agreement (Energizer Holdings Inc)

Availability of Types of Advances. If any Lender reasonably --------------------------------- determines that ------------------------------------- maintenance of its Eurodollar Rate Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders determine that (i) deposits of a type type, currency and maturity appropriate to match fund Eurodollar Rate Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurodollar Rate Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurodollar Rate Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurodollar Rate Eurocurrency Advances and require any affected Eurodollar Rate Eurocurrency Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 4.4. ------------3.3.

Appears in 3 contracts

Samples: Related Facility Credit Agreement (Qad Inc), Related Facility Credit Agreement (Qad Inc), Credit Agreement (Qad Inc)

Availability of Types of Advances. If 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 if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurodollar Rate Advances, then the Administrative Agent shall suspend the availability of Eurodollar Rate Advances and require any affected Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 4.43.4. -----------------------

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Mead Corp), 5 Year Revolving Credit Agreement (Mead Corp)

Availability of Types of Advances. If any Lender reasonably 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 if the Required Lenders reasonably determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurodollar Rate Advances, then the Administrative Agent shall suspend the availability of Eurodollar Rate Advances and require any affected Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 4.4. ------------.

Appears in 2 contracts

Samples: Credit Agreement (Catalina Marketing Corp/De), Credit Agreement (Catalina Marketing Corp/De)

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Availability of Types of Advances. If 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 if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (ii) the interest rate applicable to Eurodollar Rate Advances does not accurately reflect the cost of making or maintaining Eurodollar Rate Advances, then the Administrative Agent shall shall, with notice to the Borrower, suspend the availability of Eurodollar Rate Advances and require any affected Eurodollar Rate Advances to be repaid or converted to Floating Rate Advances, subject to the payment of any funding indemnification amounts required by Section 4.4. ------------3.4.

Appears in 1 contract

Samples: Credit Agreement (Luiginos Inc)

Availability of Types of Advances. If (i) any Lender determines that ------------------------------------- maintenance of any 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 if (ii) the Required Lenders determine that (ix) deposits of a type and maturity appropriate to match fund Eurodollar Rate Advances are not available or (iiy) the interest rate applicable to a Eurodollar Rate Advances Advance does not accurately reflect the cost of making or maintaining such a Eurodollar Rate AdvancesAdvance, then the Administrative Agent shall suspend the availability of Eurodollar Rate Advances and and, in the case of any occurrence set forth in clause (i), require any affected Eurodollar Rate Advances to be repaid or or, at the option of the Borrower, converted to Floating Base Rate Advances, subject to the payment of any funding indemnification amounts required by Section 4.4. ------------.

Appears in 1 contract

Samples: 364 Day Credit Agreement (Wabash National Corp /De)

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