Circumstances Affecting Eurocurrency Rate Availability. If with respect to any Interest Period: (i) the Administrative Agent or any Lender (after consultation with the Administrative Agent) shall determine, acting reasonably and in good faith, that for any reason adequate and reasonable means do not exist for determining the Eurocurrency Rate for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan or (ii) the Required Lenders reasonably and in good faith determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurocurrency Base Rate applicable to a Eurocurrency Rate Loan will not adequately and fairly reflect the cost to the Required Lenders of funding Eurocurrency Rate Loans for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Parent Borrower. Thereafter, until the Administrative Agent notifies the Parent Borrower that such circumstances no longer exist, the obligation of the Lenders to make Eurocurrency Rate Loans and the right of the Revolving Borrowers to convert any Revolving Credit Loan to or continue any Revolving Credit Loan as a Eurocurrency Rate Loan shall be suspended, and the relevant Revolving Borrower shall repay in full (or cause to be repaid in full) the then outstanding principal amount of each such Eurocurrency Rate Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Eurocurrency Rate Loan, as applicable, or, if such Eurocurrency Rate Loan is denominated in Dollars, convert the then outstanding principal amount of each such Dollar Eurocurrency Rate Loan to an Alternate Base Rate Loan as of the last day of such Interest Period.
Appears in 2 contracts
Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)
Circumstances Affecting Eurocurrency Rate Availability. If In connection with respect any request for a Eurocurrency Rate Loan or a conversion to or continuation thereof, if for any Interest Period: reason (i) the Administrative Agent shall determine (which determination shall be conclusive and binding absent manifest error) that deposits (whether in Dollars or any Lender an Alternative Currency) are not being offered to banks in the London interbank Eurodollar market for the applicable amount and Interest Period of such Loan, (after consultation with ii) the Administrative AgentAgent shall determine (which determination shall be conclusive and binding absent manifest error) shall determine, acting reasonably that reasonable and in good faith, that for any reason adequate and reasonable means do not exist for determining the ascertaining the Eurocurrency Rate for any requested such Interest Period with respect to a proposed Eurocurrency Rate Loan or (iiiii) the Required Lenders reasonably and in good faith shall determine (which determination shall be conclusiveconclusive and binding absent manifest error) and notify the Administrative Agent that the Eurocurrency Base Rate applicable to a Eurocurrency Rate Loan will does not adequately and fairly reflect the cost to the Required such Lenders of funding Eurocurrency Rate making or maintaining such Loans for during such Interest Period, then the Administrative Agent shall forthwith promptly give notice thereof to the Parent Borrower. Thereafter, until the Administrative Agent notifies the Parent Borrower that such circumstances no longer exist, the obligation of the Lenders to make Eurocurrency Rate Loans and the right of the Revolving Borrowers Borrower to convert any Revolving Credit Loan to or continue any Revolving Credit Loan as a Eurocurrency Rate Loan shall be suspended, and in the relevant Revolving case of Eurocurrency Rate Loans, the Borrower shall either (i) repay in full (or cause to be repaid in full) the then outstanding principal amount of each such Eurocurrency Rate Loan together with accrued interest thereonthereon (subject to Section 3.1(e)), on the last day of the then current Interest Period applicable to such Eurocurrency Rate Loan, as applicable, or, if such Eurocurrency Rate Loan is denominated in Dollars, or (ii) convert the then outstanding principal amount of each such Dollar Eurocurrency Rate Loan to an Alternate a Base Rate Loan as of the last day of such Interest PeriodPeriod (in an amount equal to the Dollar Equivalent thereof).
Appears in 1 contract
Circumstances Affecting Eurocurrency Rate Availability. If with respect to any Interest Period: (i) the Administrative Agent or any Lender (after consultation with the Administrative Agent) shall determine, acting reasonably and in good faith, determine that for any reason adequate and reasonable means do not exist for determining the Eurocurrency Rate for any requested Interest Period with respect to a proposed Eurocurrency Rate Loan or (ii) the Required Lenders reasonably and in good faith determine (which determination shall be conclusive) and notify the Administrative Agent that the Eurocurrency Base Rate applicable to a Eurocurrency Rate Loan will not adequately and fairly reflect the cost to the Required Lenders of funding Eurocurrency Rate Loans for such Interest Period, then the Administrative Agent shall forthwith give notice thereof to the Parent Borrower. Thereafter, until the Administrative Agent notifies the Parent Borrower that such circumstances no longer exist, the obligation of the Lenders to make Eurocurrency Rate Loans and the right of the Revolving Unrestricted Borrowers to convert any Revolving Credit Loan to or continue any Revolving Credit Loan as a Eurocurrency Rate Loan shall be suspended, and the relevant Revolving Unrestricted Borrower shall repay in full (or cause to be repaid in full) the then outstanding principal amount of each such Eurocurrency Rate Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Eurocurrency Rate Loan, as applicable, or, if such Eurocurrency Rate Loan is denominated in Dollars, convert the then outstanding principal amount of each such Dollar Eurocurrency Rate Loan to an Alternate Base Rate Loan as of the last day of such Interest Period.
Appears in 1 contract
Samples: Credit Agreement (Brinks Co)
Circumstances Affecting Eurocurrency Rate Availability. If Subject to clause (b) below, in connection with respect any request for a Eurocurrency Rate Loan or a conversion to or continuation thereof or otherwise, if for any Interest Period: reason (i) the Administrative Agent or any Lender shall determine (after consultation with which determination shall be conclusive and binding absent manifest error) that Dollar deposits are not being offered to banks in the London interbank eurodollar market for the applicable amount and Interest Period of such Loan, (ii) the Administrative AgentAgent shall determine (which determination shall be conclusive and binding absent manifest error) shall determine, acting reasonably that reasonable and in good faith, that for any reason adequate and reasonable means do not exist for determining the ascertaining the Eurocurrency Rate for any requested such Interest Period with respect to a proposed Eurocurrency Rate Loan or (iiiii) the Required Lenders reasonably and in good faith shall determine (which determination shall be conclusiveconclusive and binding absent manifest error) and notify the Administrative Agent that the Eurocurrency Base Rate applicable to a Eurocurrency Rate Loan will does not adequately and fairly reflect the cost to the Required such Lenders of funding Eurocurrency Rate making or maintaining such Loans for during such Interest Period, then the Administrative Agent shall forthwith promptly give notice thereof to the Parent BorrowerCompany. Thereafter, until the Administrative Agent notifies the Parent Borrower Company that such circumstances no longer exist, the obligation of the Lenders to make Eurocurrency Rate Loans and the right of the Revolving Borrowers to convert any Revolving Credit Loan to or continue any Revolving Credit Loan as a Eurocurrency Rate Loan shall be suspended, and the relevant Revolving Borrower Borrowers shall either (A) repay in full (or cause to be repaid in full) the then outstanding principal amount of each such Eurocurrency Rate Loan together with accrued interest thereon, on the last day of the then current Interest Period applicable to such Eurocurrency Rate Loan, as applicable, or, if such Eurocurrency Rate Loan is denominated in Dollars, ; or (B) convert the then outstanding principal amount of each such Dollar Eurocurrency Rate Loan to an Alternate a Base Rate Loan as of the last day of such Interest Period.
Appears in 1 contract