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 (Metals Usa Inc), Credit Agreement (Transportation Components Inc), Credit Agreement (Landcare Usa 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 (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 Fixed-Rate Advances are not available or (y) 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) ), 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 4 contracts

Samples: 364 Day Credit Agreement (American National Can Group Inc), Credit Agreement (Lanier Worldwide Inc), Credit Agreement (Lanier Worldwide 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 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 Loans are not available or (y) the interest rate applicable to a Type of Advance Eurocurrency Rate Loans 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 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: Term Loan Credit Agreement (Woodward, Inc.), Term Loan Credit Agreement (Woodward Governor Co), Term Loan Credit Agreement (Woodward Governor Co)

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, 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 Loans are not available or (y) the interest rate applicable to a Type of Advance Eurocurrency Rate Loans 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 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 (Steelcase Inc), Credit Agreement (Steelcase Inc), Credit Agreement (Steelcase 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 or maturity appropriate to match fund Eurodollar Eurocurrency Rate Advances are not available or (yii) the interest rate applicable to a Type of Eurocurrency 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 2 contracts

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

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 Eurocurrency Rate Advances are not available available, or (yii) the interest rate applicable to a Type of Eurocurrency 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 2 contracts

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

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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 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 (Vectren Utility Holdings Inc)

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)

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 Loans are not available or (y) the interest rate applicable to a Type of Advance Eurocurrency Rate Loan 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 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 1 contract

Samples: Credit Agreement (Plexus Corp)

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 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 (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 existrepaid.

Appears in 1 contract

Samples: Credit Agreement (Ifr Systems Inc)

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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