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 Fixed-Rate 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, currency or maturity appropriate to match fund Fixed-Rate Loans are not available or (y) the interest rate applicable to Fixed-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 into another Type.

Appears in 9 contracts

Samples: Woodward Credit Agreement (Woodward, Inc.), Credit Agreement (Kaydon Corp), Credit Agreement (Woodward, Inc.)

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Fixed-Rate 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, currency or maturity appropriate to match fund Fixed-Rate Loans Advances are not available or (y) the interest rate applicable to a Fixed-Rate Loans 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 into another Type.

Appears in 4 contracts

Samples: Credit Agreement (American National Can Group Inc), Credit Agreement (Lanier Worldwide Inc), Credit Agreement (American National Can Group Inc)

Availability of Types of Advances. If (i) any Lender determines determines, in the exercise of its business judgment, that maintenance of its Fixed-Rate 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 Lender determines that (x) deposits of a type, currency or maturity appropriate to match fund Fixed-Rate Loans are not available or (y) the interest rate applicable to Fixed-Rate Loans does not accurately reflect the cost of making or maintaining such an Advance, then the Administrative Agent Lender 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 into another Type.

Appears in 2 contracts

Samples: Subsidiary Stock Pledge Agreement (Quixote Corp), Assignment and Assumption Agreement (Quixote Corp)

Availability of Types of Advances. If (ia) any Lender determines that maintenance of its Fixed-Rate Fixed 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, currency or maturity appropriate to match fund Fixed-Rate Loans Advances are not available or (yii) the interest rate applicable to a Fixed-Rate Loans 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 (ia), require any Advances of the affected Type to be repaid or converted into 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 (i) any Lender determines determines, in the exercise of its business judgment, that maintenance of its Fixed-Rate 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, currency or maturity appropriate to match fund Fixed-Rate Loans are not available or (y) the interest rate applicable to Fixed-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 into another Type.

Appears in 1 contract

Samples: Credit Agreement (Quixote Corp)

Availability of Types of Advances. If (ia) any Lender determines that maintenance of its Fixed-Rate Fixed 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, currency or maturity appropriate to match fund Fixed-Fixed Rate Loans Advances are not available available, or (yii) the interest rate applicable to Fixed-a Fixed Rate Loans 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 (ia), require any Advances of the affected Type to be repaid or converted into another Type.

Appears in 1 contract

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

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Fixed-Rate Rate Loans at a suitable Lending Installation would violate any applicable law, 66 rule, regulation or directive, whether or not having the force of law, or (ii) the Required Lenders determine that (x) deposits of a type, currency or maturity appropriate to match fund Fixed-Rate Loans are not available or (y) the interest rate applicable to Fixed-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 CLAUSE (i), require any Advances of the affected Type to be repaid or converted into another Type.

Appears in 1 contract

Samples: Credit Agreement (Woodward Governor Co)

Availability of Types of Advances. If (i) any Lender determines that --------------------------------- maintenance of its Fixed-Rate 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, currency or maturity appropriate to match fund Fixed-Rate Loans are not available or (y) the interest rate applicable to Fixed-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 into another Type.

Appears in 1 contract

Samples: Credit Agreement (Roper Industries Inc /De/)

Availability of Types of Advances. If (i) any Lender determines that maintenance of its Fixed-Rate 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, currency type or maturity appropriate to match fund Fixed-Rate Loans Advances are not available or (y) the interest rate applicable to a Fixed-Rate Loans 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 into another Type.

Appears in 1 contract

Samples: Credit Agreement (Lanier Worldwide Inc)

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