Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If (x) any Lender 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 (y) the Required Lenders 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 Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Rate, then the Agent shall suspend the availability of Eurodollar Advances and require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by law, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (xi) any Lender 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 (yii) the Required Lenders 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 Advances a Type of Advance does not accurately reflect the cost of making or maintaining Eurodollar Advances, such Advance or (iii) no the Administrative Agent determines that adequate and reasonable basis exists means do not exist for determining the Eurodollar Base Rate, then the Administrative Agent shall suspend the availability of Eurodollar Advances and the affected Type of Advance and, in the case of clause (i), require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by lawAdvances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender 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 (y) if the Required Lenders determine that (i) deposits of a type type, currency and maturity appropriate to match fund Eurodollar Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurodollar Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurodollar Eurocurrency Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Rate, then the Agent shall suspend the availability of Eurodollar Eurocurrency Advances (until the Agent shall notify the Borrower and the Lenders that the circumstances causing such suspension no longer exist) and require any affected Eurodollar Eurocurrency Advances to be repaid or converted to Floating Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by lawAdvances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender 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 (y) the Required Lenders determine in good faith 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 Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Rate, 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 the respective last days of the then current Interest Periods with respect to such Revolving Loans or within such earlier period as required by law, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (xi) any Lender 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, enacted or imposed after the date of this Agreement, (yii) the Required Lenders 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 Advances a Type of Advance does not accurately reflect the cost of making or maintaining Eurodollar Advances, such Advance or (iii) no the Administrative Agent determines that adequate and reasonable basis exists means do not exist for determining the Eurodollar Base Rate, then the Administrative Agent shall suspend the availability of Eurodollar Advances and the affected Type of Advance and, in the case of clause (i), require any affected Eurodollar Advances to be repaid or converted to Floating Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by lawAdvances, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender determines in good faith 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 (y) the Required Lenders determine in good faith 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 Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Rate, 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 the respective last days of the then current Interest Periods with respect to such Revolving Loans or within such earlier period as required by law, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender 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 (y) the Required Lenders determine that (i) deposits of a type type, currency and maturity appropriate to match fund Eurodollar Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurodollar Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurodollar Eurocurrency Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Eurocurrency Reference Rate, then the Agent shall suspend the availability of Eurodollar Eurocurrency Advances and require any affected Eurodollar Eurocurrency Advances to be repaid or converted to Floating Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by law, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. If (x) any Lender determines that maintenance of its Eurodollar Eurocurrency 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 (y) the Required Lenders determine that (i) deposits of a type type, currency and maturity appropriate to match fund Eurodollar Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurodollar Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurodollar Eurocurrency Advances, or (iii) no reasonable basis exists for determining the Eurodollar Eurocurrency Base Rate, then the Administrative Agent shall suspend the availability of Eurodollar Eurocurrency Advances and require any affected Eurodollar Eurocurrency Advances to be immediately repaid or converted to Floating Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by lawAdvances, 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 (y) the Required Lenders determine in good faith 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 Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Rate, 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 the respective last days of the then current Interest Periods with respect to such Revolving Loans or within such earlier period as required by law, subject to the payment of any funding indemnification amounts required by Section 3.4.

Availability of Types of Advances. (a) If (xi) any Lender Bank determines that maintenance the making, maintaining or funding 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 (yii) if the Required Lenders Administrative Agent or the Majority Banks determine (which determination shall be conclusive absent manifest error) that (ix) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available or (iiy) the interest rate applicable to Eurodollar Advances does not accurately reflect the cost of making or maintaining Eurodollar Advances, or (iii) no reasonable basis exists for determining the Eurodollar Base Rate, then the Administrative Agent shall 42 suspend the availability of Eurodollar Advances and and, in the case of clause (i) only, require any affected Eurodollar Advances to be repaid or converted to Floating Base Rate Advances on the respective last days of the then current Interest Periods with respect to such Loans or within such earlier period as required by lawAdvances, subject to the payment of any funding indemnification amounts required by Section 3.43.05.