Common use of Illegality; Impossibility Clause in Contracts

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank determines (which determination shall be conclusive absent manifest error) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank shall give notice of such circumstances to Borrowers and (i) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers shall, if requested by Bank, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank shall make a Base Lending Rate Portion to Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (ii) Bank shall not be obligated to make any further LIBOR Lending Rate Portions until Bank determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank any Lender determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank such Lender (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank such Lender (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank such Lender shall give notice of such circumstances to Borrowers and (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers shall, if requested by Banksuch Lender, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank such Lender shall make a Base Prime Lending Rate Portion to Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank such Lender shall not be obligated to make any further LIBOR Lending Rate Portions until Bank such Lender determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank any Lender determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank such Lender (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank such Lender (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank such Lender shall give notice of such circumstances to Borrowers Borrower and (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers Borrower shall, if requested by Banksuch Lender, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank such Lender shall make a Base Lending Rate Portion to Borrowers Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank such Lender shall not be obligated to make any further LIBOR Lending Rate Portions until Bank such Lender determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank any Lender determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank such Lender (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank such Lender (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank such Lender shall give notice of such circumstances to Borrowers Administrative Agent and Borrower and (i) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers Borrower shall, if requested by Banksuch Lender, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank such Lender shall make a Base Lending Rate Portion to Borrowers Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (ii) Bank such Lender shall not be obligated to make any further LIBOR Lending Rate Portions until Bank such Lender determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank determines (which determination shall be conclusive absent manifest error) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion LIBOR-based Advance in the LIBOR market or to continue such funding or maintaining, then Bank shall give notice of such circumstances to Borrowers and (i) in the case of each and every LIBOR Lending Rate Portion LIBOR-based Advance which is outstanding, Borrowers shall, if requested by Bank, prepay such LIBOR Lending Rate Portion(sLIBOR-based Advance(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest LIBOR Period of that LIBOR Lending Rate PortionLIBOR-based Advance, and concurrent with any such prepayment, Bank shall make a Base Lending Rate Portion Prime-based Advance to Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions LIBOR-based Advances so prepaid, and (ii) Bank shall not be obligated to make any further LIBOR Lending Rate Portions LIBOR-based Advances until Bank determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank Lender determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank Lender (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank Lender (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank Lender shall give notice of such circumstances to Borrowers Borrower and (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers Borrower shall, if requested by BankLender, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank Lender shall make a Base Lending Rate Portion to Borrowers Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank Lender shall not be obligated to make any further LIBOR Lending Rate Portions until Bank Lender determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank determines (which determination shall be conclusive absent manifest error) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank shall give notice of such circumstances to Borrowers and (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers shall, if requested by Bank, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank shall make a Base Prime Lending Rate Portion to Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank shall not be obligated to make any further LIBOR Lending Rate Portions until Bank determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion Loan in the LIBOR market or to continue such funding or maintaining, then Bank shall give notice of such circumstances to Borrowers Borrower and (ia) in the case of each and every LIBOR Lending Rate Portion Loan which is outstanding, Borrowers Borrower shall, if requested by Bank, prepay such LIBOR Lending Rate Portion(sLoan(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate PortionLoan, and concurrent with any such prepayment, Bank shall make a Base Lending Prime Rate Portion Loan to Borrowers Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions Loans so prepaid, and (iib) Bank shall not be obligated to make any further LIBOR Lending Rate Portions Loans until Bank determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank any Lender determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation inter­pretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank such Lender (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank such Lender (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank such Lender shall give notice of such circumstances to Borrowers and (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers shall, if requested by Banksuch Lender, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepaymentprepay­ment, Bank such Lender shall make a Base Prime Lending Rate Portion to Borrowers in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank such Lender shall not be obligated to make any further LIBOR Lending Rate Portions until Bank such Lender determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to the contrary, if Bank determines (which determination shall be conclusive absent manifest error) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank shall give notice of such circumstances to Borrowers Borrower and (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers Borrower shall, if requested by Bank, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank shall make a Base Lending Rate Portion to Borrowers Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank shall not be obligated to make any further LIBOR Lending Rate Portions until Bank determines that it would no longer be unlawful or impossible to do so.

Illegality; Impossibility. Notwithstanding anything herein to ------------------------- the contrary, if Bank determines (which determination shall be conclusive absent manifest errorconclusive) that any law, rule, regulation, treaty or directive, or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Bank (or its Lending Office) with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency shall make it unlawful or impossible for Bank (or its Lending Office) to fund or maintain a LIBOR Lending Rate Portion in the LIBOR market or to continue such funding or maintaining, then Bank shall give notice of such circumstances to Borrowers Borrower and ---- (ia) in the case of each and every LIBOR Lending Rate Portion which is outstanding, Borrowers Borrower shall, if requested by Bank, prepay such LIBOR Lending Rate Portion(s) on or before the date specified in such request, together with interest accrued thereon, and the date so specified shall be deemed to be the last day of the Interest Period of that LIBOR Lending Rate Portion, and concurrent with any such prepayment, Bank shall make a Base Lending Rate Portion to Borrowers Borrower in the principal amount equal to the principal amount of the LIBOR Lending Rate Portions so prepaid, and (iib) Bank shall not be obligated to make any further LIBOR Lending Rate Portions until Bank determines that it would no longer be unlawful or impossible to do so.