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 portion of the Term Loan to which a LIBOR Rate Option applies has been made unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respect, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Agent shall have the rights specified in Section 4.4.3 [Agent’s and Lenders’ Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have reasonably determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option or a BA Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option or BA Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lenders’ Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars or the Optional Currency (as applicable) for the relevant Interest Period for any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, , (iv) then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4(c) [Administrative Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have reasonably determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch 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 any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch 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 any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time time: (i) any Lender shall have determined that: (i) that the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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) the Administrative Agent is advised by the Required Lenders that such LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender Lenders of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, or (iii) any Lender shall have determined that after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 4.4(c) [Administrative Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Euro-Rate Option applies has been made impracticable or unlawful or materially impracticable by compliance by such Lender 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 LIBOR Euro-Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch 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 any portion of the Term a Loan, or to banks generally, to which a LIBOR Euro-Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Agent shall have the rights specified in Section 4.4.3 [Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have reasonably determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option or a BA Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option or BA Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Administrative Agent’s 's and Lenders’ Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (iiii) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 (iiiv) such LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, or (iiiv) 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 any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Euro-Rate Option or EURIBOR Rate Option applies or performing any of its obligations hereunder or under any Loan Document has been made impracticable or unlawful or materially impracticable 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 LIBOR Euro-Rate Option or EURIBOR Rate Option, as applicable, will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respect, orsuch Loan, (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 any portion of the Term a Revolving Credit Loan, or to banks generally, to which a LIBOR Euro-Rate Option or EURIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion Loan, or to banks generally, in the interbank eurodollar market, or (iv) after making all reasonable efforts, deposits of the relevant amount in Euros for the relevant Interest Period for a Term Loan, or to banks generally to which a Euro-Rate Option or EURIBOR Rate Option applies, respectively, are not available to such Lender with respect to such Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent and Borrowers shall have the rights specified in Section 4.4.3 [Agent’s Sections 3.4.4, 3.4.5 and Lenders’ Rights]4.4.2 (as applicable).

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option or Index Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option or Index Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Agent and such Lender shall have the rights specified in Section 4.4.3 3.4.3 [Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch 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 any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lenders’ Lender's Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Loan, oror {N0221554 } - 49 - (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term a Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Loan, or to banks generally, in the interbank eurodollar Eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s and Lenders’ Lender’s Rights].

Illegality; Increased Costs; Deposits Not Available. If at any time any Lender shall have determined that: (i) the making, maintenance or funding of any portion of the Term Revolving Credit Loan to which a LIBOR Rate Option applies has been made impracticable or unlawful or materially impracticable 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 LIBOR Rate Option will not adequately and fairly reflect the cost to such Lender of the establishment or maintenance of any portion of the Term Loan in a material respectsuch Revolving Credit Loan, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for any portion of the Term a Revolving Credit Loan, or to banks generally, to which a LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such portion of the Term Revolving Credit Loan, or to banks generally, in the interbank eurodollar market, then the Administrative Agent shall have the rights specified in Section 4.4.3 [Administrative Agent’s 's and Lenders’ Lender's Rights].

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