Availability of Types of Loans. If any Lender notifies the Agent 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 Loans are not available or (b) the interest rate applicable to Eurodollar Loans does not accurately reflect the cost of making or maintaining Eurodollar Loans, then the Agent shall suspend the availability of Eurodollar Loans and require any affected Eurodollar Loans to be repaid or converted to Floating Rate Loans, subject to the payment of any funding indemnification amounts required by Section 3.4.
Availability of Types of Loans. If (x) any Lender determines that maintenance of its Eurodollar Base Rate Loans or Eurodollar Bid 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 (y) the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Base Rate Loans are not available or (ii) the interest rate applicable to Eurodollar Base Rate Loans does not accurately reflect the cost of making or maintaining Eurodollar Base Rate Loans, then the Administrative Agent shall in the case of clause (x) above, suspend the availability of Eurodollar Base Rate Loans and require any affected Eurodollar Base Rate Loans or Eurodollar Bid Rate Loans to be repaid or converted to Alternate Base Rate Loans, subject to the payment of any funding indemnification amounts required by Section 3.4, and in the case of clause (y), above, suspend the availability of Eurodollar Base Rate Loans and require any affected Eurodollar Base Rate Loans to be repaid or converted to Alternate Base Rate Loans, subject to the payment of any funding indemnification amounts required by Section 3.4.
Availability of Types of Loans. If, on or prior to the first day of any Interest Period, (i) the Administrative Agent shall have determined that adequate and reasonable means do not exist for ascertaining the applicable LIBOR Rate for such Interest Period or (ii) the Administrative Agent shall have received written notice from the Required Lenders of their determination that the rate of interest referred to in the definition of “LIBOR Rate” upon the basis of which the Adjusted LIBOR Rate for LIBOR Loans for such Interest Period is to be determined will not adequately and fairly reflect the cost to such Lenders of making or maintaining LIBOR Loans during such Interest Period, the Administrative Agent will forthwith so notify the Borrower and the Lenders. Upon such notice, (x) all then outstanding LIBOR Loans shall automatically, on the expiration date of the respective Interest Periods applicable thereto (unless then repaid in full), be converted into Base Rate Loans, (y) the obligation of the Lenders to make, to convert Base Rate Loans into, or to continue, LIBOR Loans shall be suspended (including pursuant to the Loan to which such Interest Period applies), and (z) any Borrowing Notice or Conversion/Continuation Notice given at any time thereafter with respect to LIBOR Loans shall be deemed to be a request for Base Rate Loans, in each case until the Administrative Agent or the Required Lenders, as the case may be, shall have determined that the circumstances giving rise to such suspension no longer exist (and the Required Lenders, if making such determination, shall have so notified the Administrative Agent), and the Administrative Agent shall have so notified the Borrower and the Lenders.
Availability of Types of Loans. If any Lender in good faith determines that maintenance of any of its 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, the Administrative Agent shall, with written notice to Borrower, suspend the availability of the affected Type of Loan and require any Fixed Rate Loans of the affected Type to be repaid; or if the Required Lenders in good faith determine that (i) deposits of a type or maturity appropriate to match fund Fixed Rate Loans are not available, the Administrative Agent shall, with written notice to Borrower, suspend the availability of the affected Type of Loan with respect to any Fixed Rate Loans made after the date of any such determination, or (ii) an interest rate applicable to a Type of Loan does not accurately reflect the cost of making a Fixed Rate Loan of such Type, then, if for any reason whatsoever the provisions of Section 3.1 are inapplicable, the Administrative Agent shall, with written notice to Borrower, suspend the availability of the affected Type of Loan with respect to any Fixed Rate Loans made after the date of any such determination. If the Borrower is required to so repay a Fixed Rate Loan, the Borrower may concurrently with such repayment borrow from the Lenders, in the amount of such repayment, a Loan bearing interest at the Alternate Base Rate.
Availability of Types of Loans. If the Required Lenders determine that (i) adequate and reasonable means do not exist for ascertaining the applicable Eurodollar Rate for the Interest Period, (ii) deposits of a type and maturity appropriate to match fund Revolving Loans bearing interest at a Eurodollar Rate are not available or (iii) the interest applicable to a Type of Revolving Loan does not accurately reflect the cost of making or maintaining such Revolving Loan, then the Administrative Agent shall suspend the availability of the affected Type of Revolving Loan. If any Lender determines that maintenance of its Eurodollar Loans would violate any applicable law, rule, regulation or directive, whether or not having the force of law, then such Lender may by notice to the Borrower, through the Administrative Agent, require that any of its Eurodollar Loans be promptly converted to a Floating Rate Loan.
Availability of Types of Loans. In the event that any applicable law, treaty, or other international agreement, rule, or regulation (whether domestic or foreign) now or hereafter in effect and whether or not presently applicable to the Bank, or any interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by the Bank with any guideline, request, or directive of such authority (whether or not having the force of law), including without limitation exchange controls, shall make it unlawful or impossible for the Bank to maintain any Eurodollar Loan at a suitable Lending Installation under this Agreement, shall make it impracticable, unlawful or impossible for, or shall in any way limit or impair ability of, the Borrower to make or the Bank to receive any payment under this Agreement at the place specified for payment hereunder, the Bank shall suspend the availability of Eurodollar Loans and the Borrower shall, upon receiving notice thereof from the Bank, repay in full the then-outstanding principal amount of each Eurodollar Loan so affected, together with all accrued interest thereon to the date of payment and all amounts owing to the Bank under Section 3.4, (a) on the last day of the then-current Interest Period applicable to the Eurodollar Loan if the Bank may lawfully continue to maintain the Eurodollar Loan to that day, or (b) immediately if the Bank may not continue to maintain the Eurodollar Loan to that day.
Availability of Types of Loans. If any Lender determines that maintenance of its LIBO Rate Loans at a suitable Lending Office would violate any applicable law, rule, regulation, or directive, whether or not having the force of law, or if the Majority Lenders determine that by reason of changes affecting the interbank LIBO Rate market, (i) deposits of a type and maturity appropriate to match fund LIBO Rate Loans are not available or (ii) the interest rate applicable to LIBO Rate Loans does not accurately reflect the cost of making or maintaining LIBO Rate Loans, then the Administrative Agent shall suspend the availability of LIBO Rate Loans until the first date on which the circumstances causing such suspension cease to exist and require any affected LIBO Rate Loans to be repaid or converted to Floating Rate Loans, subject to the payment of any funding indemnification amounts required by Section 3.4.
Availability of Types of Loans. If any Lender in good faith determines that maintenance of any of its Term SOFR Loans and/or Daily Simple SOFR Loans, as applicable, at a suitable Lending Office would violate any applicable law, rule, regulation or directive, whether or not having the force of law, such Lender shall promptly notify the Administrative Agent thereof and the Administrative Agent shall, with written notice to Borrower, suspend the availability of Term SOFR Loans and/or Daily Simple SOFR Loans, as applicable, and require any such suspended Term SOFR Loans and/or Daily Simple SOFR Loans, as applicable, to be repaid, then, if for any reason whatsoever the provisions of Section 5.1. are inapplicable, the Administrative Agent shall, with written notice to Borrower, suspend the availability of any Term SOFR Loans and/or Daily Simple SOFR Loans, as applicable, made after the date of any such determination. If the Borrower is required to so repay a SOFR Loan, such SOFR Loans shall be converted to (X) Daily Simple SOFR Loans, so long as Adjusted Daily Simple SOFR is not also the subject of this Section 5.2.(a), or (Y) if Adjusted Daily Simple SOFR is also the subject of this Section 5.2.(a), Base Rate Loans.
Availability of Types of Loans. If any Lender determines in good faith that maintenance of any of its LIBOR Loans at a suitable Lending Installation would violate any applicable law, rule, regulation or directive, whether or not having the force of law, the Administrative Agent shall suspend the availability of the affected Type of Loan and require any LIBOR Loans to be repaid or converted into a Floating Rate Loans within five (5) days after Borrower's receipt of notice by such Lender; or if the Required Lenders determine that (a) deposits of a type or maturity appropriate to match fund LIBOR Loans are not available, or (b) the interest rate applicable to a Type of Loan does not accurately or fairly reflect the cost of making or maintaining such Loan, then the Administrative Agent shall suspend the availability of the affected Type of Loan and require any LIBOR Loans of the affected Type to be repaid.
Availability of Types of Loans. If 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 if the Required Lenders determine that (i) deposits of a type and maturity appropriate to match fund Eurodollar Rate Loans are not available or (ii) the interest rate applicable to Eurodollar Rate Loans does not accurately reflect the cost of making or maintaining Eurodollar Rate Loans, then the Administrative Agent shall suspend the availability of Eurodollar Rate Loans and require any affected Eurodollar Rate Loans to be repaid or converted to Floating Rate Loans, subject to the payment of any funding indemnification amounts required by Section 4.4. ------------
