Common use of Availability of Types of Advances Clause in Contracts

Availability of Types of Advances. If any Lender determines that maintenance of its 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 determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at the end of the then current Interest Period for the affected Eurocurrency Advance.

Appears in 3 contracts

Samples: Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc)

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Availability of Types of Advances. If (i) any Lender determines that maintenance of its Eurocurrency 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, law or if (ii) the Required Lenders determine that (ix) deposits of a type, currency and or maturity appropriate to match fund Eurocurrency Advances Rate Loans are not available or (iiy) the interest rate applicable to Eurocurrency Advances Rate Loans does not accurately reflect the cost of making or maintaining Eurocurrency Advancessuch an Advance, then the Administrative Agent shall suspend the availability of Eurocurrency Advances the affected Type of Advance and require any Advances of the affected Eurocurrency Advances Type to be repaid or converted to Floating Rate Advances into another Type at the end of the then current Interest Period for the affected Eurocurrency AdvanceLoans.

Appears in 3 contracts

Samples: Credit Agreement (Meritor Inc), Credit Agreement (Arvinmeritor Inc), Credit Agreement (Arvinmeritor Inc)

Availability of Types of Advances. If any Lender determines in good faith that maintenance of its 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 determine in good faith that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.5.

Appears in 2 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)

Availability of Types of Advances. If any Lender determines that maintenance of its 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 determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.4.

Appears in 2 contracts

Samples: Credit Agreement (Kimball International Inc), Credit Agreement (Kimball International Inc)

Availability of Types of Advances. If any Lender determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, Law or directive, whether or not having the force of lawLaw, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at the end of the then current Interest Period for the affected Eurocurrency Advance.

Appears in 2 contracts

Samples: Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc)

Availability of Types of Advances. If any Lender reasonably determines that maintenance of its 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 if the Required Lenders reasonably determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Rate Advances are not available or (ii) the interest rate applicable to Eurocurrency Rate Advances does not accurately reflect the cost of making or maintaining Eurocurrency Rate Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Rate Advances and require any affected Eurocurrency Rate Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 4.4.

Appears in 2 contracts

Samples: Credit Agreement (Catalina Marketing Corp/De), Credit Agreement (Catalina Marketing Corp/De)

Availability of Types of Advances. If any Lender determines that maintenance of its 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 determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at ABR Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.3.

Appears in 1 contract

Samples: Credit Agreement (Kimball International Inc)

Availability of Types of Advances. If any Lender determines that maintenance of its Eurocurrency Loans at a suitable Lending Installation would violate any applicable law, rule, regulation, regulation or directive, whether or not having the force directive of law, a Governmental Authority or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.4.

Appears in 1 contract

Samples: Credit Agreement (Clarcor Inc)

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Availability of Types of Advances. If any (x) the Lender determines that maintenance of its 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 if (y) the Required Lenders determine Lender determines that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent Lender shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.4.

Appears in 1 contract

Samples: Revolving Credit Agreement (Johnson Outdoors Inc)

Availability of Types of Advances. If any Lender determines that maintenance of its 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 determine that (i) deposits of a type, currency type and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.3.

Appears in 1 contract

Samples: Credit Agreement (Viad Corp)

Availability of Types of Advances. If any Lender determines that maintenance of its Eurocurrency Loans Advances at a suitable Lending Installation would violate any applicable law, rule, regulation, Law or directive, whether or not having the force of lawLaw, or if the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at the end of the then current Interest Period for the affected Eurocurrency Advance.

Appears in 1 contract

Samples: Five Year Credit Agreement (Cardinal Health Inc)

Availability of Types of Advances. If any --------------------------------- Lender determines that maintenance of its 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 determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.4.

Appears in 1 contract

Samples: Credit Agreement (Modine Manufacturing Co)

Availability of Types of Advances. If (x) any Lender determines that maintenance of its 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 if (y) the Required Lenders determine that (i) deposits of a type, currency and maturity appropriate to match fund Eurocurrency Advances are not available or (ii) the interest rate applicable to Eurocurrency Advances does not accurately reflect the cost of making or maintaining Eurocurrency Advances, then the Administrative Agent shall suspend the availability of Eurocurrency Advances and require any affected Eurocurrency Advances to be repaid or converted to Floating Rate Advances at Advances, subject to the end payment of the then current Interest Period for the affected Eurocurrency Advanceany funding indemnification amounts required by Section 3.4.

Appears in 1 contract

Samples: Revolving Credit Agreement (Johnson Outdoors Inc)

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