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].
Appears in 2 contracts
Samples: Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp)
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].
Appears in 2 contracts
Samples: Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems 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 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].
Appears in 2 contracts
Samples: Credit Agreement (Spartech Corp), Credit Agreement (Om Group Inc)
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].
Appears in 2 contracts
Samples: Revolving Credit Facility (Retail Ventures Inc), Revolving Credit Facility (DSW 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 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].
Appears in 2 contracts
Samples: Credit Agreement (Covance Inc), Revolving Credit Facility (Covance Inc)
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].
Appears in 2 contracts
Samples: Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, 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 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].
Appears in 1 contract
Samples: Credit Agreement (Pegasystems Inc)
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].
Appears in 1 contract
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].
Appears in 1 contract
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc)
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].
Appears in 1 contract
Samples: Revolving Credit Facility (DSW 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 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].
Appears in 1 contract
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].
Appears in 1 contract
Samples: Credit Agreement (Om Group 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 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].
Appears in 1 contract