Change in Legality. Notwithstanding any other provision herein, if any change, after the date hereof, in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof shall make it unlawful for any Lender to make or maintain any Eurodollar Loan then, by written notice to the Borrower and to the Agent, such Lender may: (i) declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by the Borrower for, or for conversion into or continuation of, Eurodollar Loans shall, as to such Lender only, be deemed a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawn; and (ii) require that all outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all such Eurodollar Loans shall be converted to Base Rate Loans either (A) on the last day of the then current Interest Period applicable to such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if such Lender shall determine that it may not lawfully continue to maintain and fund such Eurodollar Loan to such day.
Appears in 7 contracts
Samples: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (Spectra Energy Partners, LP), Credit Agreement (DCP Midstream Partners, LP)
Change in Legality. Notwithstanding any other provision hereinof this Agreement, if any change, after the date hereof, Change in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof Law shall make it unlawful for any Lender to make or maintain maintain, or convert any Loan into, a Eurodollar Loan Loan, then, by upon written notice by such Lender to the Borrower and to the Administrative Agent, which notice shall specify the extent of such Lender may:unlawfulness (e.g., whether such unlawfulness applies to Eurodollar Loans generally or only to Interest Periods of a particular length):
(ia) declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by for the Borrower for, or for conversion into making or continuation of, or the conversion of Base Rate Loans into, Eurodollar Loans shall, solely as to such Lender onlyand to the extent a Eurodollar Loan by such Lender would be (or during the applicable Interest Period would become) unlawful, be deemed disregarded and the Loan of such Lender that would be part of the applicable Borrowing of Eurodollar Loans shall be made as, converted to or continue to be maintained as a request for, or for conversion into or continuation of, Base Rate Loans, unless Loan (or bear interest at such declaration shall other rate as may be subsequently withdrawnagreed between the Borrower and such Lender); and
(iib) require that all each outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all Loan of such Eurodollar Loans shall be converted to Base Rate Loans either (A) Lender shall, on the last day of the then current Interest Period applicable to therefor (unless such Loan may be continued as a Eurodollar Loan if for the full duration of any requested new Interest Period without being unlawful) or on such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if earlier date as such Lender shall determine that it may not lawfully continue specify is necessary pursuant to maintain and fund such Eurodollar Loan the applicable Change in Law, convert to such daya Base Rate Loan.
Appears in 4 contracts
Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Globant S.A.), Credit Agreement (Comstock Oil & Gas Investments, LLC)
Change in Legality. Notwithstanding any other provision herein, if any change, after the date hereof, in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof shall make it unlawful for any Lender to make or maintain any Eurodollar Loan then, by written notice to the Borrower Borrowers and to the Agent, such Lender may:
(i) declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by the Borrower Borrowers for, or for conversion into or continuation of, Eurodollar Loans shall, as to such Lender only, be deemed a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawn; and
(ii) require that all outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all such Eurodollar Loans shall be converted to Base Rate Loans either (A) on the last day of the then current Interest Period applicable to such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if such Lender shall determine that it may not lawfully continue to maintain and fund such Eurodollar Loan to such day.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Duke Energy Field Services LLC), 364 Day Credit Agreement (Duke Energy Field Services LLC)
Change in Legality. Notwithstanding any other provision herein, if any change, after the date hereof, in any law, governmental rule, regulation, guideline law or order regulation (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the administration or interpretation or administration thereof shall make it unlawful for any Lender to make or maintain any Eurodollar Loan or to give effect to its obligations as contemplated hereby with respect to any Eurodollar Loan, then, by written notice to the Borrower and to the Agent, such Lender may:
(iA) declare that Eurodollar Loans Loans, and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by the Borrower for, or for conversion into or continuation of, Eurodollar Loans shall, as to such Lender only, be deemed a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawn; and
(iiB) require that all outstanding Eurodollar Loans made by it be converted to Base Rate Loans Loans, in which event all such Eurodollar Loans shall be automatically converted to Base Rate Loans either Loans. In the event any Lender shall exercise its rights under clause (A) on the last day of the then current Interest Period applicable to such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if above, all payments and prepayments of principal that would otherwise have been applied to repay the Eurodollar Loans that would have been made by such Lender or the converted Eurodollar Loans of such Lender shall determine that it may not lawfully continue instead be applied to maintain and fund repay the Base Rate Loans made by such Lenders in lieu of, or resulting from the conversion of, such Eurodollar Loan to such dayLoans.
Appears in 1 contract
Change in Legality. Notwithstanding any other provision herein, if any change, after the date hereof, in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof shall make it unlawful for any Lender to make or maintain any Eurodollar Loan or Floating Eurodollar Rate Loan then, by written notice to the Borrower Borrowers and to the Agent, such Lender may:
(i) declare that Eurodollar Loans and Floating Eurodollar Rate Loans, and conversions to or continuations of Eurodollar Loans and Floating Eurodollar Rate Loans, will not thereafter be made by such Lender hereunder, whereupon any request by the Borrower Borrowers for, or for conversion into or continuation of, Eurodollar Loans or Floating Eurodollar Rate Loans shall, as to such Lender only, be deemed a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawn; and
(ii) require that all outstanding Eurodollar Loans and Floating Eurodollar Rate Loans made by it be converted to Base Rate Loans in which event all such Eurodollar Loans and Floating Eurodollar Rate Loans shall be converted to Base Rate Loans either (A) on the last day of the then current Interest Period applicable to such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if such Lender shall determine that it may not lawfully continue to maintain and fund such Eurodollar Loan to such day.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Duke Energy Field Services Corp)
Change in Legality. Notwithstanding any other provision hereinof this Agreement, if any change, after the date hereof, Change in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof Law shall make it unlawful for any Lender to make or maintain maintain, or convert any Loan into, a Eurodollar Loan Loan, then, by upon written notice by such Lender to the Borrower and to the Administrative Agent, which notice shall specify the extent of such Lender may:unlawfulness (e.g., whether such unlawfulness applies to Eurodollar Loans generally or only to Interest Periods of a particular length):
(ia) declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by for the Borrower for, or for conversion into making or continuation of, or the conversion of Base Rate Loans into, Eurodollar Loans shall, solely as to such Lender onlyand to the extent a Eurodollar Loan by such Lender would be (or during the applicable Interest Period would become) unlawful, be deemed disregarded and the Loan of such Lender that would be part of the applicable borrowing of Eurodollar Loans shall be made as, converted to or continue to be maintained as a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawnLoan; and
(iib) require that all each outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all Loan of such Eurodollar Loans shall be converted to Base Rate Loans either (A) Lender shall, on the last day of the then current Interest Period applicable to therefor (unless such Loan may be continued as a Eurodollar Loan if for the full duration of any requested new Interest Period without being unlawful) or on such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if earlier date as such Lender shall determine that it may not lawfully continue specify is necessary pursuant to maintain and fund such Eurodollar Loan the applicable Change in Law, convert to such daya Base Rate Loan.
Appears in 1 contract
Change in Legality. Notwithstanding any other provision herein, if any change, after the date hereof, in any law, governmental rule, regulation, guideline law or order regulation (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the administration or interpretation or administration thereof shall make it unlawful for any Lender to make or maintain any Eurodollar Loan or to give effect to its obligations as contemplated hereby with respect to any Eurodollar Loan, then, by written notice to the Borrower and to the Agent, such Lender may:
(iA) declare that Eurodollar Loans Loans, and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by the Borrower for, or for conversion into or continuation of, Eurodollar Loans shall, as to such Lender only, be deemed a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawn; and
(iiB) require that all outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all such Eurodollar Loans shall be automatically converted to Base Rate Loans either Loans. In the event any Lender shall exercise its rights under clause (A) on the last day of the then current Interest Period applicable to such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if above, all payments and prepayments of principal which would otherwise have been applied to repay the Eurodollar Loans that would have been made by such Lender or the converted Eurodollar Loans 44 of such Lender shall determine that it may not lawfully continue instead be applied to maintain and fund repay the Base Rate Loans made by such Lenders in lieu of, or resulting from the conversion of, such Eurodollar Loan to such dayLoans.
Appears in 1 contract
Change in Legality. Notwithstanding any other provision hereinof this Agreement, if any change, after the date hereof, Change in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof Law shall make it unlawful for any Lender to make or maintain maintain, or convert any Loan into, a Eurodollar Loan Loan, then, by upon written notice by such Lender to the Borrower and to the Administrative Agent, which notice shall specify the extent of such Lender may:unlawfulness (e.g., whether such unlawfulness applies to Eurodollar Loans generally or only to Interest Periods of a particular length):
(ia) declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter be made by such Lender hereunder, whereupon any request by for the Borrower for, or for conversion into making or continuation of, or the conversion of Base Rate Loans into, Eurodollar Loans shall, solely as to such Lender onlyand to the extent a Eurodollar Loan by such Lender would be (or during the applicable Interest Period would become) unlawful, be deemed disregarded and the Loan of such Lender that would be part of the applicable Borrowing of Eurodollar Loans shall be made as, converted to or continue to be maintained as a request for, or for conversion into or continuation of, Base Rate Loans, unless such declaration shall be subsequently withdrawnLoan; and
(iib) require that all each outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all Loan of such Eurodollar Loans shall be converted to Base Rate Loans either (A) Lender shall, on the last day of the then current Interest Period applicable to therefor (unless such Loan may be continued as a Eurodollar Loan if for the full duration of any requested new Interest Period without being unlawful) or on such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if earlier date as such Lender shall determine that it may not lawfully continue specify is necessary pursuant to maintain and fund such Eurodollar Loan the applicable Change in Law, convert to such daya Base Rate Loan.
Appears in 1 contract
Change in Legality. (a) Notwithstanding any other provision hereinof this Agreement, if any change, after the date hereof, Change in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) or in the interpretation or administration thereof by any Governmental Authority charged with the interpretation or administration thereof Law shall make it unlawful for any Lender to make or maintain any Eurodollar Loan or to give effect to its obligations as contemplated hereby with respect to any Eurodollar Loan, then, by written notice to the Borrower (which notice shall include documentation or information in reasonable detail supporting the conclusions in such notice) and to the Administrative Agent, such Lender may:
(i) such Lender may declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter (for the duration of such unlawfulness) be made by such Lender hereunderhereunder (or be continued for additional Interest Periods and ABR Loans will not thereafter (for such duration) be converted into Eurodollar Loans), whereupon any request by the Borrower for, for a Eurodollar Borrowing (or to convert an ABR Borrowing to a Eurodollar Borrowing or to continue a Eurodollar Borrowing for conversion into or continuation of, Eurodollar Loans an additional Interest Period) shall, as to such Lender only, be deemed a request forfor an ABR Loan (or a request to continue an ABR Loan as such for an additional Interest Period or to convert a Eurodollar Loan into an ABR Loan, or for conversion into or continuation of, Base Rate Loansas the case may be), unless such declaration shall be subsequently withdrawn; and
(ii) such Lender may require that all outstanding Eurodollar Loans made by it be converted to Base Rate Loans ABR Loans, in which event all such Eurodollar Loans shall be automatically converted to Base Rate ABR Loans either (A) on the last day as of the then current Interest Period applicable to effective date of such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or notice as provided in paragraph (Bb) immediately if such Lender shall determine that it may not lawfully continue to maintain and fund such Eurodollar Loan to such daybelow.
Appears in 1 contract
Samples: Revolving Credit Agreement
Change in Legality. (a) Notwithstanding any other provision hereinof this Agreement, if any changeif, after the date hereofRestatement Closing Date, any change in any law, governmental rule, regulation, guideline or order (including the introduction of any new law or governmental rule, regulation, guideline or order) regulation or in the interpretation or administration thereof by any Governmental Authority charged with the administration or interpretation or administration thereof shall make it unlawful for any Lender to make or maintain any Eurodollar Loan or to give effect to its obligations as contemplated hereby with respect to any Eurodollar Loan, then, by written notice to the Borrower and to the Administrative Agent, such Lender may:
: (i) such Lender may declare that Eurodollar Loans and conversions to or continuations of Eurodollar Loans, will not thereafter (for the duration of such unlawfulness) be made by such Lender hereunderhereunder (or be continued for additional Interest Periods and ABR Loans will not thereafter (for such duration) be converted into Eurodollar Loans), whereupon any request by the Borrower for, for a Eurodollar Borrowing (or to convert an ABR Borrowing to a Eurodollar Borrowing or to continue a Eurodollar Borrowing for conversion into or continuation of, Eurodollar Loans an additional Interest Period) shall, as to such Lender only, be deemed a request forfor an ABR Loan (or a request to continue an ABR Loan as such for an additional Interest Period or to convert a Eurodollar Loan into an ABR Loan, or for conversion into or continuation of, Base Rate Loansas the case may be), unless such declaration shall be subsequently withdrawn; and
(ii) require that all outstanding Eurodollar Loans made by it be converted to Base Rate Loans in which event all such Eurodollar Loans shall be converted to Base Rate Loans either (A) on the last day of the then current Interest Period applicable to such Eurodollar Loan if such Lender can lawfully continue to maintain and fund such Eurodollar Loan or (B) immediately if such Lender shall determine that it may not lawfully continue to maintain and fund such Eurodollar Loan to such day.
Appears in 1 contract
Samples: Credit Agreement (Ryder TRS Inc)