Common use of Eurodollar Provisions Clause in Contracts

Eurodollar Provisions. If the Administrative Agent determines (which determination shall be conclusive and binding upon the Borrower) in connection with any request for a Eurodollar Loan or a conversion to or continuation thereof or a LIBOR Market Index Rate Swing Line Loan that (i) deposits in Dollars are not being offered to banks in the applicable offshore interbank market for the applicable amount and Interest Period of such Eurodollar Loan or such LIBOR Market Index Rate Swing Line Loan, (ii) adequate and reasonable means do not exist for determining the Eurodollar Rate for such Eurodollar Loan or the LIBOR Market Index Rate for such LIBOR Market Index Rate Swing Line Loan, or (iii) the Eurodollar Rate for such Eurodollar Loan or the LIBOR Market Index Rate Swing Line Loan does not adequately and fairly reflect the cost to the Lenders of funding such Eurodollar Loan or such LIBOR Market Index Rate Swing Line Loan, the Administrative Agent will promptly notify the Borrower and the Lenders. Thereafter, the obligation of the Lenders to make or maintain Eurodollar Loans or LIBOR Market Index Rate Swing Line Loans shall be suspended until the Administrative Agent revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending Notice of Borrowing or Notice of Continuation/Conversion with respect to Eurodollar Loans or LIBOR Market Index Rate Swing Line Loans or, failing that, will be deemed to have converted such request into a request for a Borrowing of or, to the extent permitted hereunder, conversion into a Base Rate Loan in the amount specified therein.

Appears in 3 contracts

Samples: Credit Agreement (Texas New Mexico Power Co), Credit Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

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Eurodollar Provisions. If (a) Unless and until a Replacement Rate is implemented in accordance with clause (b) below, if the Administrative Agent determines (which determination shall be conclusive and binding upon the Borrower) in connection with any request for a Eurodollar Loan or a conversion to or continuation thereof or otherwise or a LIBOR Market Index Rate Swing Line Loan that (i) deposits in Dollars are not being offered to banks in the applicable offshore interbank market for the applicable amount and Interest Period of such Eurodollar Loan or such LIBOR Market Index Rate Swing Line Loan, (ii) adequate and reasonable means do not exist for determining the Eurodollar Rate for such Eurodollar Loan or the LIBOR Market Index Rate for such LIBOR Market Index Rate Swing Line Loan, or (iii) the Eurodollar Rate for such Eurodollar Loan or the LIBOR Market Index Rate Swing Line Loan does not adequately and fairly reflect the cost to the Lenders of funding such Eurodollar Loan or such LIBOR Market Index Rate Swing Line Loan, the Administrative Agent will promptly notify the Borrower and the Lenders. Thereafter, the obligation of the Lenders to make or maintain Eurodollar Loans or LIBOR Market Index Rate Swing Line Loans shall be suspended until the Administrative Agent revokes such notice. Upon receipt of such notice, the Borrower may revoke any pending Notice of Borrowing or Notice of Continuation/Conversion with respect to Eurodollar Loans or LIBOR Market Index Rate Swing Line Loans or, failing that, will be deemed to have converted such request into a request for a Borrowing of or, to the extent permitted hereunder, conversion into a Base Rate Loan in the amount specified therein.

Appears in 2 contracts

Samples: And Restatement of Credit Agreement (Texas New Mexico Power Co), Credit Agreement (Texas New Mexico Power Co)

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