funding risk and non-availability Sample Clauses

funding risk and non-availability i) Notwithstanding anything to the contrary in this Agreement, if Westpac NZ at any time determines (which determination will be conclusive and binding on the Borrower) for any reason including: 1) any change in national or international financial, political or economic conditions, currency exchange rates, currency availability or exchange controls; or 2) the occurrence of an event or contingency which materially and adversely affects any interbank market, or any relevant foreign exchange market generally; that the making or continuation of an Alternative Currency Advance is impracticable, impossible or adversely affects the return to Westpac NZ, then Westpac NZ will as soon as practicable give written notice to the Borrower. ii) During a period (“the Grace Period”) of 30 days from the giving of notice under clause 3.5(d)(i) or such shorter period (including a nil period) as Westpac NZ may reasonably consider to be appropriate in the particular circumstances, Westpac NZ will negotiate with the Borrower a mutually acceptable alternative basis to make (or continue to make) the Facility available. Should there be no alternative basis acceptable to both parties, the right of the Borrower to borrow any Alternative Currency Advance under the Facility will be terminated and the Borrower must repay any part of the Commitment already provided under the Facility pursuant to any Alternative Currency Advance (together with accrued interest and such amounts as may be necessary to compensate Westpac NZ for any losses or expenses of liquidation of or re-employing fixed deposits) within 14 days from the end of the Grace Period.