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 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 (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists and require any Eurodollar Advances to be repaid.

Appears in 4 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc)

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Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists and require any Eurodollar Advances to be repaid.

Appears in 4 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc)

Availability of Types of Advances. If 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 if the Required Lenders determine that (ai) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, available or (bii) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists affected Type of Advance and require any Eurodollar Advances to be repaid.

Appears in 2 contracts

Samples: Term Loan Agreement (Banknorth Group Inc /New/ /De/), Term Loan Agreement (Banknorth Group Inc /New/ /De/)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Administrative Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 2 contracts

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)

Availability of Types of Advances. If 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 if the Required Lenders determine that (ai) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, available or (bii) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Eurodollar Advance, then the Administrative Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists Advance and require any Eurodollar Advances to be repaidrepaid or promptly converted into a Floating Rate Advance.

Appears in 2 contracts

Samples: Credit Agreement (National Data Corp), Credit Agreement (Global Payments Inc)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists and require any Eurodollar Advances to be repaid.

Appears in 2 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 2 contracts

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo), Credit Agreement (Ralcorp Holdings Inc /Mo)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists and require any Eurodollar Advances to be repaid.

Appears in 2 contracts

Samples: Credit Agreement (Fund American Enterprises Holdings Inc), Credit Agreement (Fund American Enterprises Holdings Inc)

Availability of Types of Advances. If any Lender 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 determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (SPX Corp)

Availability of Types of Advances. If (a) 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 if (b) the Required Lenders determine that (ai) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (bii) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Eurodollar Advance, then the Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any such Eurodollar Advances to be repaidrepaid or converted into a Floating Rate Advance at the option of the Borrower, in each case subject to Section 3.4.

Appears in 1 contract

Samples: Credit Agreement (Alleghany Corp /De)

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Availability of Types of Advances. If 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 if the Required Lenders determine that (ai) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, available or (bii) the interest rate applicable to a Eurodollar Advance Rate does not accurately or fairly reflect the cost of making or maintaining such a Eurodollar Advance, then the Agent shall so notify the Borrower and shall suspend (until such time as the circumstances giving rise to such suspension shall no longer exist) the availability of the Eurodollar Advances until such circumstance no longer exists and require any Eurodollar Advances to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Administaff Inc \De\)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Administrative Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

Availability of Types of Advances. If 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 if the Required Majority Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Administrative Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Green Tree Financial Corp)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Type of Advance does not accurately or fairly reflect the cost of making or maintaining such Advance, then the Agent shall suspend the availability of the Eurodollar Advances affected Type of Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid.

Appears in 1 contract

Samples: Credit Agreement (Ralcorp Holdings Inc /Mo)

Availability of Types of Advances. If 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 if the Required Lenders determine that (ai) deposits of a type type, currency and maturity appropriate to match fund Eurodollar Advances are not available, available or (bii) the interest rate applicable to a Eurodollar Advance Advances does not accurately or fairly reflect the cost of making or maintaining such AdvanceEurodollar Advances, then the Administrative Agent shall suspend the availability of the Eurodollar Advances until such circumstance no longer exists and require any Eurodollar Advances to be repaid.Eurodollar

Appears in 1 contract

Samples: 364 Day Credit Agreement (Cardinal Health Inc)

Availability of Types of Advances. If 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 if the Required Lenders determine that (a) deposits of a type and maturity appropriate to match fund Eurodollar Advances are not available, or (b) the interest rate applicable to a Eurodollar Advance does not accurately or fairly reflect the cost of making or maintaining such Eurodollar Advance, then the Agent shall suspend the availability of the affected Eurodollar Advances Advance until such circumstance no longer exists and require any Eurodollar Advances of the affected Type to be repaid. In such event the Lenders and the Borrower shall in good faith negotiate towards establishing an alternate interest rate.

Appears in 1 contract

Samples: Credit Agreement (Luiginos Inc)

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