Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 LIBO Rate Loan of a certain type, the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 4 contracts
Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc)
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 LIBO Rate Loan of a certain type, the obligations of all Lenders to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Canadian Administrative Agent that the circumstances causing such suspension no longer exist, and all LIBO Rate Loans of such type shall automatically convert into Base Canadian Prime Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 2 contracts
Samples: Credit Agreement (Markwest Hydrocarbon Inc), Credit Agreement (Markwest Hydrocarbon Inc)
Fixed Rate Lending Unlawful. If any Lender shall determine --------------------------- in good faith (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 LIBO Rate Loan of a certain typeLoan, the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Spiegel Inc), 364 Day Revolving Credit Agreement (Spiegel Inc)
Fixed Rate Lending Unlawful. If any Lender shall reasonably determine (which determination shall, upon notice thereof to the Borrower Borrowers and the LendersAdministrative Agent, be conclusive and binding on the BorrowerBorrowers) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or that any central bank or other governmental authority asserts Governmental Authority has asserted that it is unlawful, for such Lender to make, make or continue or maintain any Loan as, or to convert any Loan into, a LIBO Fixed Rate Loan of a certain typeLoan, the obligations of all Lenders such Lender to make, continue, maintain continue or convert any such Loans Fixed Rate 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 LIBO outstanding Fixed Rate Loans of payable to such type Lender shall automatically convert into Base Floating Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 2 contracts
Samples: Credit Agreement (Mitel Networks Corp), First Lien Credit Agreement (Mitel Networks Corp)
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 LIBO Rate Eurodollar Loan of a certain type, the obligations of all such Lenders to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith promptly be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all LIBO Rate such Lenders Eurodollar Loans of such type shall automatically convert into Base Rate Loans at the end of the then then-current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 2 contracts
Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (American Real Estate Holdings L P)
Fixed Rate Lending Unlawful. If any Lender shall determine --------------------------- (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 Regulatory Authority asserts that it is unlawful, for such Lender to make, continue or maintain any Loan as, or to convert any Loan into, a LIBO Fixed Rate Loan of a certain typeLoan, the obligations of all Lenders such Lender to make, continue, maintain or convert any such Loans Fixed Rate 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 LIBO outstanding Fixed Rate Loans of such that type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 2 contracts
Samples: Credit Agreement (Primestar Inc), Credit Agreement (Tci Satellite Entertainment Inc)
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Borrowers and the Lenders, be conclusive and binding on the BorrowerBorrowers) 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 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 LIBO Rate Loan of a certain type, the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 1 contract
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 LIBO Rate Loan of a certain type, the obligations of all such Lenders to make, continue, maintain or convert any such Loans shall, upon such determination, forthwith promptly be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and all such Lenders LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then then-current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 1 contract
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower ACT and the LendersAdministrative Agents, be conclusive and binding on the Borrowerconstitute prima facie evidence) 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 Governmental Authority asserts that it is unlawful, for such any Lender to make, make or continue or maintain any Loan as, or to convert any Loan into, a LIBO Fixed Rate Loan of a certain typeLoan, the obligations of all Lenders such Lender to make, continue, maintain continue or convert any such Loans Fixed Rate Loan shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent Agents that the circumstances causing such suspension no longer exist, and all LIBO outstanding Fixed Rate Loans of payable to such type Lender shall automatically convert into Base Floating Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 1 contract
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Company and the Lenders, be conclusive and binding on the Borrowerall Borrowers) 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 LIBO Fixed Rate Loan of a certain typeType, the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Fixed Rate Loans of such type Type shall automatically convert into Alternate Base Rate Loans or, subject to compliance with the applicable provisions of Section 2.3, another Type of Fixed Rate Loans, at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 1 contract
Samples: Credit Agreement (Andrew Corp)
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Company and the Lenders, be conclusive and binding on the Borrowerall Borrowers) 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 LIBO Fixed Rate Loan of a certain typeType, the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Fixed Rate Loans of such type Type shall automatically convert into Base Reference Rate Loans or, subject to compliance with the applicable provisions of SECTION 2.3, another Type of Fixed Rate Loans, at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 1 contract
Samples: Credit Agreement (Andrew Corp)
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Company, the Administrative Agent and the Lenders, be conclusive and binding on the BorrowerCompany) 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 its Notes into, a LIBO Rate Loan of a certain typeLoan, the obligations of all Lenders to make, continue, maintain or convert any such their LIBO Rate Loans shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent Agent. that the circumstances causing such suspension no longer exist, and all LIBO Rate Loans of such type shall automatically convert into Base Reference Rate Loans at the end of the then current Interest Periods Period with respect thereto or sooner, if required by such law or assertion, In the event of a determination pursuant to this Section 6.1, the Lenders agree to discuss alternate funding options with the Company.
Appears in 1 contract
Fixed Rate Lending Unlawful. If any Lender shall determine --------------------------- (which determination shall, upon notice thereof to the Borrower and the Lenders, be conclusive and binding on 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 LIBO Rate Loan of a certain type, the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion.
Appears in 1 contract
Fixed Rate Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Borrowers and the other Lenders, be conclusive and binding on the BorrowerBorrowers) that the introduction of or any change in or in the interpretation of any law Governmental Rule makes it unlawful, or any central bank or other governmental authority 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 LIBO Rate Loan of a certain type, then the obligations of all Lenders to make, continue, maintain or convert 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 LIBO Rate Loans of such type shall automatically convert into Base Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law Governmental Rule or assertion.
Appears in 1 contract