Common use of Deposits Unavailable; Circumstances making Canadian BAs Unavailable Clause in Contracts

Deposits Unavailable; Circumstances making Canadian BAs Unavailable. (a) If the Administrative Agent shall have determined that (i) deposits in the amount and for the relevant Interest Period are not available to it in its relevant market or (ii) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative Agent to the Borrowers and the applicable Lenders, the obligations of all such Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative Agent shall notify the Borrowers and the applicable Lenders that the circumstances causing such suspension no longer exist. (b) If the Administrative Agent shall have determined in good faith that by reason of circumstances affecting the Canadian money market, there is no market for Canadian BAs, then, upon notice to the Borrowers and the applicable Lenders, the right of the Canadian Borrower to request the acceptance of Canadian BAs and the acceptance thereof shall be suspended until the Administrative Agent shall notify the Borrowers and the applicable Lenders that it has determined that the circumstances causing such suspension no longer exist.

Appears in 2 contracts

Samples: Credit Agreement (Mitel Networks Corp), First Lien Credit Agreement (Mitel Networks Corp)

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Deposits Unavailable; Circumstances making Canadian BAs Unavailable. (a) If the applicable Administrative Agent shall have determined that (i) deposits in the amount and for the relevant Interest Period are not available to it in its relevant market market; or (ii) by reason of circumstances affecting its relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the applicable Administrative Agent to the Borrowers ACT and the applicable Lenders, the obligations of all such Lenders under Section 2.3 and Section 2.4 to make or continue any Loans as, or to convert any Loans into, LIBO Rate Loans shall forthwith be suspended until the applicable Administrative Agent shall notify the Borrowers ACT and the applicable Lenders that the circumstances causing such suspension no longer exist. (b) If the Canadian Administrative Agent shall have determined in good faith that by reason of circumstances affecting the Canadian money market, there is no market for Canadian BAs, then, upon notice to the Borrowers ACT and the applicable Lenders, the right of the Canadian Borrower Borrowers to request the acceptance of Canadian BAs and the acceptance thereof shall be suspended until the Canadian Administrative Agent shall notify the Borrowers ACT and the applicable Lenders that it has determined that the circumstances causing such suspension no longer exist.

Appears in 1 contract

Samples: Credit Agreement (3055854 Nova Scotia Co)

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Deposits Unavailable; Circumstances making Canadian BAs Unavailable. (a) If the Administrative U.S. Agent shall have determined that that (i) Dollar deposits in the relevant amount and for the relevant Interest Period are not available to it the U.S. Agent in its relevant market or market; or (ii) by reason of circumstances affecting its the U.S. Agent's relevant market, adequate means do not exist for ascertaining the interest rate applicable hereunder to LIBO Rate Loans, then, upon notice from the Administrative U.S. Agent to the Borrowers U.S. Borrower and the applicable U.S. Lenders, the obligations of all such U.S. Lenders under Section SECTION 2.3 and Section SECTION 2.4 to make or continue any U.S. Loans as, or to convert any U.S. Loans into, LIBO Rate Loans shall forthwith be suspended until the Administrative U.S. Agent shall notify the Borrowers U.S. Borrower and the applicable U.S. Lenders that the circumstances causing such suspension no longer exist. (b) If the Administrative Canadian Agent shall have determined in good faith that by reason of circumstances affecting the Canadian money market, there is no market for Canadian BAs, then, upon notice to the Borrowers and the applicable Lenders, then the right of the Canadian Borrower to request the acceptance of Canadian BAs and the acceptance thereof shall be suspended until the Administrative Canadian Agent shall notify the Borrowers and the applicable Lenders that it has determined determines that the circumstances causing such suspension no longer existexist and the Canadian Agent so notifies the Canadian Borrower.

Appears in 1 contract

Samples: Credit Agreement (Leiner Health Products Inc)

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