Common use of Illegality; Inability to Determine Rates Clause in Contracts

Illegality; Inability to Determine Rates. (a) Notwithstanding any other provision in this Agreement, in the event that it becomes unlawful for a Lender to (i) honor its obligation to make CP Rate Advances or Eurodollar Rate Advances hereunder, or (ii) maintain CP Rate Advances or Eurodollar Rate Advances hereunder, then such Lender shall promptly notify the Agents and the Borrower thereof (with a copy to DBRS), and such Lender's obligation to make or maintain CP Rate Advances or Eurodollar Rate Advances hereunder shall be suspended until such time as such Lender may again make and maintain CP Rate Advances or Eurodollar Rate Advances, and such Lender's outstanding CP Rate Advances or Eurodollar Rate Advances shall be automatically converted into Base Rate Advances on the date that such Lender shall specify to the Agents and the Borrower. Promptly after the reason for such suspension no longer applies, the Lender shall send written notice to the Facility Agent, the Collateral Agent and the Borrower, at which time, as soon as reasonably practicable after such Lender has specified to the Facility Agent, the Collateral Agent and the Borrower that it may again make and maintain such Advances, all outstanding Base Rate Advances shall be converted back into CP Rate Advances or Eurodollar Rate Advances, as applicable.

Appears in 2 contracts

Samples: Credit and Security Agreement (WhiteHorse Finance, Inc.), Credit and Security Agreement (WhiteHorse Finance, Inc.)

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Illegality; Inability to Determine Rates. (a) Notwithstanding any other provision in this Agreement, in the event that it becomes unlawful for a Lender to (i) honor its obligation to make CP Rate Advances or Eurodollar Rate Advances hereunder, or (ii) maintain CP Rate Advances or Eurodollar Rate Advances hereunder, then such Lender shall promptly notify the Agents Administrative Agent, the Trustee and the Borrower thereof (with a copy to DBRS)thereof. Thereafter, and such Lender's the obligation of the Lender to make or maintain CP Rate Advances or Eurodollar Rate Advances hereunder hereunder, as applicable, shall be suspended until the Lender revokes such time as such Lender may again make notice, and maintain all outstanding CP Rate Advances or Eurodollar Rate Advances, and such Lender's outstanding CP Rate Advances or Eurodollar Rate Advances as applicable, shall be automatically converted into Base Rate Advances on the date that such Lender shall specify to the Agents Administrative Agent, the Trustee and the Borrower. Promptly after the reason for such suspension no longer applies, the Lender shall send written notice to the Facility Administrative Agent, the Collateral Agent Trustee and the Borrower, at which time, as soon as reasonably practicable after such Lender has specified to the Facility Administrative Agent, the Collateral Agent Trustee and the Borrower that it may again make and maintain such Advances, all outstanding Base Rate Advances shall be converted back into CP Rate Advances or Eurodollar Rate Advances, as applicable.

Appears in 1 contract

Samples: Credit and Security Agreement (NewStar Financial, Inc.)

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Illegality; Inability to Determine Rates. (a) Notwithstanding any other provision in this Agreement, in the event that it becomes unlawful for a Lender to (i) honor its obligation to make CP Rate Advances or Eurodollar Rate Advances hereunder, or (ii) maintain CP Rate Advances or Eurodollar Rate Advances hereunder, then such Lender shall promptly notify the Agents and the Borrower thereof (with a copy to DBRS), and such Lender's ’s obligation to make or maintain CP Rate Advances or Eurodollar Rate Advances hereunder shall be suspended until such time as such Lender may again make and maintain CP Rate Advances or Eurodollar Rate Advances, and such Lender's ’s outstanding CP Rate Advances or Eurodollar Rate Advances shall be automatically converted into Base Rate Advances on the date that such Lender shall specify to the Agents and the Borrower. Promptly after the reason for such suspension no longer applies, the Lender shall send written notice to the Facility Agent, the Collateral Agent and the Borrower, at which time, as soon as reasonably practicable after such Lender has specified to the Facility Agent, the Collateral Agent and the Borrower that it may again make and maintain such Advances, all outstanding Base Rate Advances shall be converted back into CP Rate Advances or Eurodollar Rate Advances, as applicable.

Appears in 1 contract

Samples: Credit and Security Agreement (WhiteHorse Finance, LLC)

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