Common use of Eurodollar Rate Lending Unlawful Clause in Contracts

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts as contemplated by the Operative Documents, (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate Holder, as the case may be, hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Amounts when Eurodollar Loans/Certificate Holder Amounts are requested and (c) such Participant's Loans and Certificate Holder Amounts then outstanding as Eurodollar Loans/Certificate Holder Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Amounts on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Amounts or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Amounts occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.10. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Amounts of the other Participants so affected.

Appears in 2 contracts

Samples: Construction Agency Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)

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Eurodollar Rate Lending Unlawful. Notwithstanding -------------------------------- any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Date shall make it unlawful for any a Participant to make, continue make or maintain Eurodollar Loans/Certificate Holder Loans and Eurodollar Lessor Amounts as contemplated by the Operative Documents, Documents (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent Lessee and the Administrative Agent other Participant (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of each such Lender or Certificate HolderLessor, as the case may be, hereunder to make, continue or maintain make Eurodollar Loans/Certificate Holder Loans and Eurodollar Lessor Amounts shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue make or maintain Eurodollar Loans/Certificate Holder Loans and Eurodollar Lessor Amounts, such Participant shall then have a commitment only to make or maintain a Base Rate Loans/Certificate Holder Amounts Loan or a Base Rate Lessor Amount when a Eurodollar Loans/Certificate Holder Amounts are Loan or a Eurodollar Lessor Amount is requested and (c) such Participant's Loans and Certificate Holder Lessor Amounts then outstanding as Eurodollar Loans/Certificate Holder Loans and Eurodollar Lessor Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Loans and Base Rate Lessor Amounts on the respective last days of the then current Interest Periods with respect to such Loans Loan Balance and Certificate Holder Amounts Lessor Balance or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Loans and Eurodollar Lessor Amounts occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee shall pay to such Participant such amounts, if any, as may be required pursuant to Section ------- 13.10. In any such case, interest and principal (if any) shall be payable ----- contemporaneously with the related Eurodollar Loans/Certificate Holder Loans and Eurodollar Lessor Amounts of the other Participants so affectedParticipant.

Appears in 1 contract

Samples: Participation Agreement (Palm Inc)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Applicable Law or in the interpretation or application thereof occurring after the Documentation Closing Date shall make it unlawful for any a Participant to make, continue make or maintain Eurodollar Loans/Certificate Holder Amounts Loan(s)/Equity Investment(s) as contemplated by the Operative Documents, Documents (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent Lessee and the Administrative Agent other Participants (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender Lenders or Certificate HolderOwner Participant, as the case may be, hereunder to make, continue or maintain make Eurodollar Loans/Certificate Holder Amounts Loan(s)/Equity Investment(s) shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue make or maintain Eurodollar Loans/Certificate Holder AmountsLoan(s)/Equity Investment(s), such Participant shall then have a commitment only to make or maintain a Base Rate LoansLoan/Certificate Holder Amounts Equity Investment when a Eurodollar LoansLoan/Certificate Holder Amounts are Equity Investment is requested and (c) such Participant's Loans and Certificate Holder Amounts Equity Investment then outstanding as Eurodollar Loans/Certificate Holder AmountsLoan(s)/Equity Investment(s), if any, shall be converted automatically to Base Rate Loans/Certificate Holder Amounts Loan(s)/Equity Investment(s) on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Amounts Equity Investment or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Amounts Loan(s)/Equity Investment(s) occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.108.6. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Amounts Loan(s)/Equity Investment(s) of the other Participants so affectedapplicable Participants.

Appears in 1 contract

Samples: Participation Agreement (Wabash National Corp /De)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Closing Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Investor Contributions as contemplated by the Operative DocumentsAgreements, (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent Lessor and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate HolderInvestor, as the case may be, hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Investor Contributions shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder AmountsLoans or Eurodollar Investor Contributions, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Amounts ABR Loans or ABR Investor Contributions when a Eurodollar Loans/Certificate Holder Amounts are Loan or Eurodollar Investor Contribution is requested and (c) such Participant's Loans and Certificate Holder Amounts Investor Contributions then outstanding as Eurodollar Loans/Certificate Holder AmountsLoans or Eurodollar Investor Contributions, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Amounts ABR Loans or ABR Investor Contributions on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Amounts Investor Contributions or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Investor Contributions occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.1012.7. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Investor Contributions of the other Participants so affectedParticipants.

Appears in 1 contract

Samples: Participation Agreement (Inktomi Corp)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts as contemplated by the Operative Documents, (i) such Participant shall promptly give written notice of such circumstances to the LesseeLessee Agent, the Certificate Holder Agent and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate Holder, as the case may be, hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Amounts when Eurodollar Loans/Certificate Holder Amounts are requested and (c) such Participant's Loans and Certificate Holder Amounts then outstanding as Eurodollar Loans/Certificate Holder Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Amounts on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Amounts or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Amounts occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee Agent shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.10. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Amounts of the other Participants so affected.

Appears in 1 contract

Samples: Participation Agreement (Truserv Corp)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Closing Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Lessor Contributions as contemplated by the Operative DocumentsAgreements, (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Lessor Agent and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate HolderLessor, as the case may be, hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Lessor Contributions shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder AmountsLoans or Eurodollar Lessor Contributions, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Amounts ABR Loans or ABR Lessor Contributions when a Eurodollar Loans/Certificate Holder Amounts are Loan or Eurodollar Lessor Contribution is requested and (c) such Participant's Loans and Certificate Holder Amounts Lessor Contributions then outstanding as Eurodollar Loans/Certificate Holder AmountsLoans or Eurodollar Lessor Contributions, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Amounts ABR Loans or ABR Lessor Contributions on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Amounts Lessor Contributions or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Lessor Contributions occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee and/or the Agent Lessor shall pay to the Agent Lessor and/or such Participant such amounts, if any, as may be required pursuant to Section 13.1012.7. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Amounts Loans or Eurodollar Lessor Contributions of the other Participants so affectedParticipants.

Appears in 1 contract

Samples: Participation Agreement (McData Corp)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts as contemplated by the Operative Documents, (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent Lessor and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate Holder, as the case may be, Participant hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Lessor Amounts when Eurodollar Loans/Certificate Holder Lessor Amounts are requested and (ciii) such Participant's Loans and Certificate Holder Lessor Amounts then outstanding as Eurodollar Loans/Certificate Holder Lessor Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Lessor Amounts on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Lessor Amounts or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Lessor Amounts occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.10. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Lessor Amounts of the other Participants so affected.

Appears in 1 contract

Samples: Participation Agreement (Lam Research Corp)

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Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts as contemplated by the Operative Documents, (i) such Participant shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent Lessor and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate Holder, as the case may be, Participant hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Lessor Amounts when Eurodollar Loans/Certificate Holder Lessor Amounts are requested and (ciii) such Participant's Loans and Certificate Holder Lessor Amounts then outstanding as Eurodollar Loans/Certificate Holder Lessor Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Lessor Amounts on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Lessor Amounts or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Lessor Amounts occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.10. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Lessor Amounts of the other Participants so affected.. Xxx Research Corporation Participation Agreement

Appears in 1 contract

Samples: Participation Agreement (Lam Research Corp)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Law or in the interpretation or application thereof occurring after the Documentation Date shall make it unlawful for any Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts as contemplated by the Operative Documents, (i) such Participant shall promptly give written notice of such circumstances to the LesseeRepresentative, the Certificate Holder Lessor Agent and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (ii) the commitment of such Lender or Certificate HolderLessor, as the case may be, hereunder to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant to make, continue or maintain Eurodollar Loans/Certificate Holder Lessor Amounts, such Participant shall then have a commitment only to make or maintain Base Rate Loans/Certificate Holder Lessor Amounts when a Eurodollar Loans/Certificate Holder Lessor Amounts are is requested and (c) such Participant's Loans and Certificate Holder Lessor Amounts then outstanding as Eurodollar Loans/Certificate Holder Lessor Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Lessor Amounts on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Lessor Amounts or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Lessor Amounts occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee Representative shall pay to such Participant such amounts, if any, as may be required pursuant to Section 13.10. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Lessor Amounts of the other Participants so affectedParticipants.

Appears in 1 contract

Samples: Participation Agreement (Beverly Enterprises Inc)

Eurodollar Rate Lending Unlawful. Notwithstanding any other provision herein, if the adoption of or any change in any Requirement of Applicable Law or in the interpretation or application thereof occurring after the Documentation Effective Date shall make it unlawful for any Participant a Lender (or a Hannover Liquidity Purchaser) to make, continue make or maintain Eurodollar Loans/Certificate Holder Amounts Loans (or, in the case of Hannover Liquidity Purchasers, of purchasing Percentage Interests therein) as contemplated by the Operative Documents, this Agreement (ia) such Participant Lender (or Hannover Liquidity Purchaser) shall promptly give written notice of such circumstances to the Lessee, the Certificate Holder Agent Company and the Administrative Agent (which notice shall be withdrawn whenever such circumstances no longer exist), (iib) the commitment of such Lender (or Certificate Holder, as the case may beHannover Liquidity Purchaser), hereunder to makemake Eurodollar Loans (or, continue or maintain Eurodollar Loans/Certificate Holder Amounts in the case of Hannover Liquidity Purchasers, of purchasing Percentage Interests therein) shall forthwith be canceled and, until such time as it shall no longer be unlawful for such Participant Lender to make, continue make or maintain Eurodollar Loans/Certificate Holder Amounts, such Participant Lender (or Hannover Liquidity Purchaser) shall then have a commitment only to make or maintain a Base Rate Loans/Certificate Holder Amounts Loan when a Eurodollar Loans/Certificate Holder Amounts are Loan is requested and (c) such Participant's Lender’s Loans and Certificate Holder Amounts then outstanding as Eurodollar Loans/Certificate Holder Amounts, if any, shall be converted automatically to Base Rate Loans/Certificate Holder Amounts Loans on the respective last days of the then current Interest Periods with respect to such Loans and Certificate Holder Amounts or within such earlier period as required by law. If any such conversion of Eurodollar Loans/Certificate Holder Amounts Loans occurs on a day which is not the last day of the then current Interest Period with respect thereto, the Lessee Company shall pay to such Participant Lender (or Hannover Liquidity Purchaser) such amounts, if any, as may be required pursuant to Section 13.103.05. In any such case, interest and principal (if any) shall be payable contemporaneously with the related Eurodollar Loans/Certificate Holder Amounts Loans of the other Participants so affectedapplicable Lenders.

Appears in 1 contract

Samples: Credit Agreement (Black Hills Corp /Sd/)

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