Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the Eurodollar Base Rate does not accurately reflect the cost of obtaining funds to make or maintain Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive), subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender reasonably determines that maintenance of its Eurodollar 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 (y) the Required Lenders reasonably determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 reasonably determine that (i) deposits of a type type, currency and maturity appropriate to match fund Eurodollar Eurocurrency Advances are not available or (ii) the Eurodollar Base Rate interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of obtaining funds to make making or maintain Eurodollar maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurodollar Eurocurrency Advances and require any affected Eurodollar Eurocurrency Advances to be repaid or or, in the case of Advances to the Company, converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.3.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, interpretation or directive, whether or not having the force of law, or if the Required Lenders reasonably determine that (ia) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iib) the interest rate applicable to Eurodollar Base Rate Advances does not accurately or fairly reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Alternate Base Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.04.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 (ia) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iib) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.04.

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 Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain 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 (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.44.4.

Availability of Types of Advances. If (a) any Lender reasonably determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or (b) if the Required Lenders reasonably determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.5.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, interpretation or directive, whether or not having the force of law, or if the Required Lenders reasonably determine that (ia) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iib) the interest rate applicable to Eurodollar Base Rate Advances does not accurately or fairly reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Alternate Base Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive), subject to the payment of any funding indemnification amounts required by Section 3.4Advances.

Availability of Types of Advances. If any Lender reasonably determines that the making or maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then for so long as any such circumstances exist the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that --------------------------------- maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar Loans Advances 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.3.

Availability of Types of Advances. If any Lender reasonably determines that --------------------------------- maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar Loans Advances 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 (ia) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iib) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.04.

Availability of Types of Advances. If any Lender reasonably determines --------------------------------- that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to a Eurodollar Base Rate Advance does not accurately reflect the cost of obtaining funds to make making or maintain maintaining such Eurodollar AdvancesAdvance, then the Administrative Agent shall suspend the availability of the Eurodollar Advances Advance and require any affected Eurodollar Advances to be repaid or promptly converted to into a Floating Rate Advances (on or before the date required by such law, rule, regulation or directive), subject to the payment of any funding indemnification amounts required by Section 3.4Advance.

Availability of Types of Advances. . If any Lender reasonably determines that maintenance of its Eurodollar Loans Advances 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest Table of Contents rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive, if applicable), subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 in Dollars with a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.3.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable law, law or any governmental or quasi-governmental rule, regulation, or directive, whether or not having the force of law, or if the Required Lenders reasonably determine that (ia) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iib) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender reasonably determines that maintenance of its Eurodollar 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 (y) the Required Lenders reasonably determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment CHAR1\1285208v7 of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.4 (without any premium or penalty thereon or otherwise with respect thereto).

Availability of Types of Advances. If any Lender reasonably determines that --------------------------------- maintenance of its Eurodollar Loans at a suitable Lending Installation would violate any applicable lawLaw, rule, regulation, or directive, whether or not having the force of lawLaw, or if the Required Lenders reasonably determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 (iE) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iiF) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.04.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar Loans Advances 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.43.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.40.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be be, at the Borrower’s option, repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive), subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its Eurodollar 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 Advances are not available or (ii) the interest rate applicable to Eurodollar Base Rate Advances does not accurately reflect the cost of obtaining funds to make making or maintain maintaining Eurodollar Advances, then the Administrative Agent shall suspend the availability of Eurodollar Table of Contents Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances (on or before the date required by such law, rule, regulation or directive)Advances, subject to the payment of any funding indemnification amounts required by Section 3.4.