Common use of Eurodollar Rate Lending Unlawful Clause in Contracts

Eurodollar Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent and the Lenders, be conclusive and binding on each Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Loan of a certain type, the obligations of such Lender to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Loans of such type of such Lender shall automatically convert into ABR Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 3 contracts

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc), Amendment Agreement (Dollar Thrifty Automotive Group Inc), Credit Agreement (Dollar Thrifty Automotive Group Inc)

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Eurodollar Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent each Borrower and the Lenders, be conclusive and binding on each such Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make Bid Loans based upon the Eurodollar Rate or to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Committed Loan of a certain typeType, the obligations of such Lender to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Bid Loans based upon the Eurodollar Rate and all outstanding Eurodollar Committed Loans of such type of made by such Lender shall automatically convert into ABR Base Rate Committed Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 2 contracts

Samples: Credit Agreement (Fibreboard Corp /De), Credit Agreement (Fibreboard Corp /De)

Eurodollar Rate Lending Unlawful. If any Lender Purchaser shall determine (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent Seller and the LendersAgent, be conclusive and binding on each Borrowerthe Seller) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender Purchaser to make, continue or maintain any Loan Tranche as, or to convert any Loan Tranche into, a Eurodollar Loan of a certain typeRate Tranche, the obligations of such Lender Purchaser to make, continue, maintain or convert into any such Loans Eurodollar Rate Tranche shall, upon such determination, forthwith be suspended until such Lender Purchaser shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Loans Rate Tranches of such type of such Lender Purchaser shall automatically convert into ABR Loans Base Rate Tranches at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion; provided, however, that, before making any such determination such Purchaser agrees to use reasonable efforts (consistent with its internal policy and all Loans legal and regulatory restrictions) to designate a different eurodollar lending office if the making of such Lender that a designation would allow Purchaser or its eurodollar lending office to continue to perform its obligations to make eurodollar rate credit extensions or to continue to fund or maintain eurodollar rate credit extensions and would not, in the judgment of such Purchaser, be otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loansdisadvantageous to such Purchaser.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Warnaco Group Inc /De/)

Eurodollar Rate Lending Unlawful. xi) If any Lender shall determine reasonably determines (which determination shall, upon notice thereof to the Borrowers, Borrowers and the Administrative Agent and the LendersAgent, be conclusive and binding on each Borrowerthe Borrowers absent manifest error) that the introduction of or any change in or in the interpretation of any law Law after the date hereof makes it unlawful, or any central bank or other governmental authority Governmental Authority asserts after the date hereof that it is unlawful, for such Lender to make, continue maintain or maintain fund any Loan as, or to convert any Loan into, as a Eurodollar Loan of a certain typeLoan, the obligations of such Lender to make, continue, maintain or convert into fund any such Loans Loan as a Eurodollar Loan shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Loans of such type of such Lender shall automatically convert into ABR Base Rate Loans at the end of the then then-current Interest Periods with respect thereto or sooner, if required by such law Law or assertion. Upon any such conversion the Borrowers shall pay any accrued interest on the amount so converted and, if such conversion occurs on a day other than the last day of the then-current Interest Period for such affected Eurodollar Loans, such Lender shall be entitled to make a request for, and all Loans of such Lender that would otherwise have been made or continued asthe Borrowers shall pay, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loanscompensation for breakage costs under Section 4.05 (Funding Losses).

Appears in 1 contract

Samples: Debt Agreement (Pacific Ethanol, Inc.)

Eurodollar Rate Lending Unlawful. If any Lender shall -------------------------------- determine (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent Borrower and the Lenders, be conclusive and binding on each the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Rate Loan of a certain type, the obligations of such Lender all Lenders to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Rate Loans of such type of such Lender shall automatically convert into ABR Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 1 contract

Samples: Credit Agreement (Aristotle Corp)

Eurodollar Rate Lending Unlawful. (a) If any Lender shall determine reasonably determines (which determination shall, upon notice thereof to the Borrowers, Borrower and the Administrative Agent and the LendersAgent, be conclusive and binding on each Borrowerthe Borrower absent manifest error) that the introduction of or any change in or in the interpretation of any law Law makes it unlawful, or any central bank or other governmental authority Governmental Authority asserts that it is unlawful, for such Lender to make, continue maintain or maintain fund any Loan as, or to convert any Loan into, as a Eurodollar Loan of a certain typeLoan, the obligations of such Lender to make, continue, maintain or convert into fund any such Loans Loan as a Eurodollar Loan shall, upon such determination, forthwith be suspended until such Lender shall notify notifies the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Loans of such type of such Lender shall automatically convert into ABR Base Rate Loans at the end of the then then-current Interest Periods with respect thereto or sooner, if required by such law Law or assertion. Upon any such conversion the Borrower shall pay any accrued interest on the amount so converted and, if such conversion occurs on a day other than the last day of the then-current Interest Period for such affected Eurodollar Loans, such Lender shall be entitled to make a request for, and all Loans of such Lender that would otherwise have been made or continued asthe Borrower shall pay, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.compensation for breakage costs under Section 4.05

Appears in 1 contract

Samples: Senior Credit Agreement (Advanced BioEnergy, LLC)

Eurodollar Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the BorrowersBorrower, the Administrative Agent and the Lenders, be conclusive and binding on each the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Loan of a certain typeLoan, the obligations of such Lender to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Loans of such type of such Lender shall automatically convert into ABR Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 1 contract

Samples: Credit Agreement (Dollar Thrifty Automotive Group Inc)

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Eurodollar Rate Lending Unlawful. If any Lender shall determine -------------------------------- (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent Borrower and the Lenders, be conclusive and binding on each the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Rate Loan of a certain type, the obligations of such Lender all Lenders to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Rate Loans of such type of such Lender shall automatically convert into ABR Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 1 contract

Samples: Credit Agreement (Aristotle Corp)

Eurodollar Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent Borrower and the Lenders, be conclusive and binding on each the Borrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other governmental authority asserts that it is unlawful, for such Lender to make Bid Loans based upon the Eurodollar Rate or to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Committed Loan of a certain typeType, the obligations of such Lender to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Bid Loans based upon the Eurodollar Rate and all outstanding Eurodollar Committed Loans of such type of made by such Lender shall automatically convert into ABR Base Rate Committed Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 1 contract

Samples: Credit Agreement (Fibreboard Corp /De)

Eurodollar Rate Lending Unlawful. If any Lender shall -------------------------------- determine (which determination shall, upon notice thereof to the Borrowers, the Administrative Agent Borrower and the Lenders, be conclusive and binding on each the Borrower) that the introduction of or any change in or in the interpretation of any law law, in each case after the Effective Date, makes it unlawful, or any central bank or other governmental authority asserts after the Effective Date that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a Eurodollar Loan of a certain typeRate Loan, the obligations of such Lender to make, continue, maintain or convert into any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all outstanding Eurodollar Rate Loans of such type of such Lender shall automatically convert into ABR Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, and all Loans of such Lender that would otherwise have been made or continued as, or converted into, Eurodollar Loans shall instead be made as or converted into, or continued as, ABR Loans upon which interest shall be payable at the same time as the related Eurodollar Loans.

Appears in 1 contract

Samples: Credit Agreement (Whittaker Corp)

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