Common use of Illegality; Increased Costs; Deposits Not Available Clause in Contracts

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable).

Appears in 3 contracts

Samples: Revolving Credit Facility (Glatfelter P H Co), Revolving Credit Facility (Glatfelter P H Co), Revolving Credit Facility (Glatfelter P H Co)

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Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (Currency, as applicable) , for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 4.4.3 [Administrative Agent’s and 4.4.2 (as applicable)Lender’s Rights].

Appears in 2 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (ia) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made unlawful or materially impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (iib) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such LoanLoan in a material respect, or (iiic) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 4.4.3 [The Agent's and 4.4.2 (as applicable)Lenders' Rights].

Appears in 2 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)Section 4.4.3.

Appears in 2 contracts

Samples: Credit Agreement (Glatfelter P H Co), Credit Agreement (Glatfelter P H Co)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender the Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made unlawful or materially impracticable or unlawful by compliance by such Lender the Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender the Bank of the establishment or maintenance of any such LoanLoan in a material respect, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender the Bank with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers Bank shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)below.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (New Jersey Resources Corp)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 4.4.3 [Administrative Agent's and 4.4.2 (as applicable)Lender's Rights].

Appears in 1 contract

Samples: Revolving Credit Facility (Invacare Corp)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (Currency, as applicable) , for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar marketRelevant Interbank Market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 3.4.4 [Administrative Agent's and 4.4.2 (as applicable)Lender's Rights].

Appears in 1 contract

Samples: Revolving Credit Agreement (DSW Inc.)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers such Bank shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)Section 3.4.3.

Appears in 1 contract

Samples: Credit Agreement (Bearingpoint Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (ia) the making, maintenance or funding of any Revolving Credit Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (iib) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Revolving Credit Loan, or (iiic) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Revolving Credit Loan, or to banks lenders generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Revolving Credit Loan, or to banks lenders generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections Section 3.4.3 [Agent’s and 4.4.2 (as applicable)Lender’s Rights].

Appears in 1 contract

Samples: Credit Agreement (CastleRock Security Holdings, Inc.)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar marketRelevant Interbank Market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 4.4.3 [Administrative Agent's and 4.4.2 (as applicable)Xxxxxx's Rights].

Appears in 1 contract

Samples: Credit Agreement (Foster L B Co)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender Bank shall have determined that: (i) the making, maintenance or funding of any Revolving Credit Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Revolving Credit Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Euro-Rate Loan Interest Period for a Revolving Credit Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Revolving Credit Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers such Bank shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)Section 3.4.3.

Appears in 1 contract

Samples: Revolving Credit Facility (KPMG Consulting Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections Section 3.4.3 [Agent’s and 4.4.2 (as applicable)Lender’s Rights].

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender Bank shall have determined that: (i) the making, maintenance or funding of any Revolving Credit Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Revolving Credit Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Revolving Credit Interest Period for a Revolving Credit Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Revolving Credit Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)Section 3.4.3.

Appears in 1 contract

Samples: Credit Agreement (Blair Corp)

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Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-an Adjusted LIBO Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law law or any interpretation or application thereof by any Official Body Governmental Authority or with any request or directive of any such Official Body Governmental Authority (whether or not having the force of Lawlaw), or (ii) such Euro-Adjusted LIBO Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional relevant Foreign Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-an Adjusted LIBO Rate Option applies, respectively, are not available to such Lender with respect to such Loan, Loan or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicableSection 2.14(c).

Appears in 1 contract

Samples: Credit Agreement (Worthington Industries Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender Bank in good faith with the adoption of any change in any Law or any interpretation or application thereof occurring after the Closing Date by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)Section 4.4.3.

Appears in 1 contract

Samples: Credit Agreement (Covance Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 4.4.3 [Administrative Agent’s and 4.4.2 (as applicable)Lender’s Rights].

Appears in 1 contract

Samples: Revolving Credit Facility (Invacare Corp)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: : (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (Currency, as applicable) , for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar marketRelevant Interbank Market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 Section 3.4.4 [Administrative Agent's and 4.4.2 (as applicable)Lender's Rights].

Appears in 1 contract

Samples: Credit Agreement (Designer Brands Inc.)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (ia) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made unlawful or materially impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (iib) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such LoanLoan in a material respect, or (iiic) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, respectively, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 and 4.4.2 (as applicable)Section 4.4.3.

Appears in 1 contract

Samples: Credit Agreement (New Jersey Resources Corp)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender Bank shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies has been made impracticable or unlawful by compliance by such Lender Bank in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Loan, or to banks generally, in the interbank eurodollar Eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections Section 3.4.3 [Administrative Agent's and 4.4.2 (as applicable)Bank's Rights].

Appears in 1 contract

Samples: Credit Agreement (Papa Johns International Inc)

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any Loan to which a Euro-Rate Option applies or performing any of its obligations hereunder or under any Loan Document has been made impracticable or unlawful by compliance by such Lender in good faith with any Law or any interpretation or application thereof by any Official Body or with any request or directive of any such Official Body (whether or not having the force of Law), or (ii) such Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any such Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or in the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Sections 3.4.3 3.4.4 and 4.4.2 (as applicable).

Appears in 1 contract

Samples: Credit Agreement (Glatfelter P H Co)

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