Common use of Circumstances Affecting LIBOR Rate Availability Clause in Contracts

Circumstances Affecting LIBOR Rate Availability. If with respect to any Interest Period, (x) the Administrative Agent shall have determined (which determination shall be conclusive and binding upon the Borrower absent manifest error) or (y) the Administrative Agent shall have received notice from the Required Lenders that, by reason of circumstances affecting the foreign exchange and interbank markets generally, deposits in an Agreed Currency (other than, in respect of Loans under the Dollar Tranche, Dollars accruing interest under clauses (a) or (b) of the definition of “Base Rate”), in the applicable amounts are not being quoted via the applicable Reuters Screen Page or offered to the Administrative Agent or such Lender for such Interest Period, then the Administrative Agent shall promptly give notice thereof to the Borrower. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan to or continue any Loan as a LIBOR Rate Loan shall be suspended, and the Borrower shall repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan, together with accrued interest thereon, on the last day of the then current Interest Period applicable to such LIBOR Rate Loan or, with respect to a Loan by the Revolving Credit Lenders made in Dollars, convert the then outstanding principal amount of such LIBOR Rate Loan to a Base Rate Loan as of the last day of such Interest Period or, with respect to Loans under the Designated Currency Tranche, convert the then outstanding principal amount of such Loan to a Loan in a different Foreign Currency (assuming such different Foreign Currency is not subject to the same type of issue as the original Foreign Currency).

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

AutoNDA by SimpleDocs

Circumstances Affecting LIBOR Rate Availability. If with respect to any Interest Period, (x) Period the Administrative Agent shall have determined or any Lender (which determination shall be conclusive and binding upon the Borrower absent manifest error) or (y) after consultation with the Administrative Agent Agent) shall have received notice from the Required Lenders that, determine that (i) by reason of circumstances affecting the foreign exchange and interbank markets generally, deposits in eurodollars or an Agreed Alternative Currency (other than, in respect of Loans under the Dollar Tranche, Dollars accruing interest under clauses (a) or (b) of the definition of “Base Rate”), in the applicable amounts are not being quoted via the applicable Reuters Screen Telerate Page 3750 or offered to the Administrative Agent or such Lender for such Interest Period, (ii) a fundamental change has occurred in the foreign exchange or interbank markets with respect to any Alternative Currency (including, without limitation, changes in national or international financial, political or economic conditions or currency exchange rates or exchange controls) or (iii) it has become otherwise materially impractical for the Administrative Agent or any Lender, as applicable, to make such Loan in an Alternative Currency, then the Administrative Agent shall promptly forthwith give notice thereof to the BorrowerBorrowers. Thereafter, until the Administrative Agent notifies the Borrower Borrowers that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Rate Loans Loans, and the right of the Borrower Borrowers to convert any Loan to or continue any Loan as a LIBOR Rate Loan Loan, shall be suspended, and the applicable Borrower or Borrowers shall repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan, together with accrued interest thereon, on the last day of the then current Interest Period applicable to such LIBOR Rate Loan or, with respect to a Loan by the Revolving Credit Lenders made in Dollars, or convert the then outstanding principal amount of each such LIBOR Rate Loan denominated in Dollars to a Base Rate Loan, each such LIBOR Rate Loan denominated in Sterling to a Sterling Base Rate Loan, and each such LIBOR Rate Loan denominated in Canadian Dollars to a Canadian Base Rate Loan, as of the last day of such Interest Period or, with respect to Loans under the Designated Currency Tranche, convert the then outstanding principal amount of such Loan to a Loan in a different Foreign Currency (assuming such different Foreign Currency is not subject to the same type of issue as the original Foreign Currency)Period.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Circumstances Affecting LIBOR Rate Availability. If with respect to any Interest Period, (x) Period the Administrative Agent shall have determined or any Lender (which determination shall be conclusive and binding upon the Borrower absent manifest error) or (y) after consultation with the Administrative Agent Agent) shall have received notice from the Required Lenders that, determine that (i) by reason of circumstances affecting the foreign exchange and interbank markets generally, deposits in eurodollars or an Agreed Alternative Currency (other than, in respect of Loans under the Dollar Tranche, Dollars accruing interest under clauses (a) or (b) of the definition of “Base Rate”), in the applicable amounts are not being quoted via the applicable Reuters Screen Telerate Page 3750 or offered to the Administrative Agent or such Lender for such Interest PeriodPeriod or (ii) a fundamental change has occurred in the foreign exchange or interbank markets with respect to any Alternative Currency (including, without limitation, changes in national or international financial, political or economic conditions or currency exchange rates or exchange controls), then the Administrative Agent shall promptly forthwith give notice thereof to the BorrowerBorrowers. Thereafter, until the Administrative Agent notifies the Borrower Borrowers that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Rate Loans Loans, and the right of the Borrower Borrowers to convert any Loan to or continue any Loan as a LIBOR Rate Loan Loan, shall be suspended, and the applicable Borrower or Borrowers shall repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan, together with accrued interest thereon, on the last day of the then current Interest Period applicable to such LIBOR Rate Loan or, with respect to a Loan by the Revolving Credit Lenders made in Dollars, or convert the then outstanding principal amount of each such LIBOR Rate Loan denominated in Dollars to a Base Rate Loan, each such LIBOR Rate Loan denominated in Sterling to a Sterling Base Rate Loan, and each such LIBOR Rate Loan denominated in Canadian Dollars to a Canadian Base Rate Loan, and each such LIBOR Rate Loan denominated in Deutschemarks to a German Base Rate Loan, as of the last day of such Interest Period or, with respect to Loans under the Designated Currency Tranche, convert the then outstanding principal amount of such Loan to a Loan in a different Foreign Currency (assuming such different Foreign Currency is not subject to the same type of issue as the original Foreign Currency)Period.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

AutoNDA by SimpleDocs

Circumstances Affecting LIBOR Rate Availability. If with respect to any Interest Period, (x) Period the Administrative Agent or any Lender (after consultation with Administrative Agent) shall have determined determine that (which determination shall be conclusive and binding upon the Borrower absent manifest errori) or (y) the Administrative Agent shall have received notice from the Required Lenders that, by reason of circumstances affecting the foreign exchange and interbank markets generally, deposits in an Agreed Currency (other than, in respect of Loans under the Dollar Tranche, Dollars accruing interest under clauses (a) eurodollars or (b) of the definition of “Base Rate”)Sterling, in the applicable amounts are not being quoted via the applicable Reuters Screen Telerate Page 3750 or offered to the Administrative Agent or such Lender for such Interest Period, (ii) a fundamental change has occurred in the foreign exchange or interbank markets with respect to Sterling (including, without limitation, changes in national or international financial, political or economic conditions or currency exchange rates or exchange controls) or (iii) it has become otherwise materially impractical for the Administrative Agent or the Lenders, as applicable, to make such Loan in Sterling, then the Administrative Agent shall promptly forthwith give notice thereof to the BorrowerBorrowers. Thereafter, until the Administrative Agent notifies the Borrower Borrowers that such circumstances no longer exist, the obligation of the Lenders to make LIBOR Rate Loans Loans, and the right of the Borrower Borrowers to convert any Loan to or continue any Loan as a LIBOR Rate Loan Loan, shall be suspended, and the applicable Borrower or Borrowers shall repay in full (or cause to be repaid in full) the then outstanding principal amount of each such LIBOR Rate Loan, together with accrued interest thereon, on the last day of the then current Interest Period applicable to such LIBOR Rate Loan or, with respect to a Loan by the Revolving Credit Lenders made in Dollars, or convert the then outstanding principal amount of each such LIBOR Rate Loan to a Base Rate Loan as of the last day of such Interest Period or, with respect to Loans under the Designated Currency Tranche, convert the then outstanding principal amount of such Loan to a Loan in a different Foreign Currency (assuming such different Foreign Currency is not subject to the same type of issue as the original Foreign Currency)Period.

Appears in 1 contract

Samples: Credit Agreement (Acc Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!