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 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 Paying Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights].

Appears in 3 contracts

Samples: Revolving Credit Facility (Consol Energy Inc), Credit Agreement (Consol Energy Inc), Credit Agreement (Consol Energy Inc)

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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 for the relevant Interest Period for a Loan, or to banks lenders generally, to which a Euro-Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks lenders generally, in the interbank eurodollar market, then the Paying Administrative Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]4.4.3.

Appears in 3 contracts

Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers 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 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 Paying Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Paying Administrative Agent’s 's and Lender’s Bank's Rights].

Appears in 2 contracts

Samples: Revolving Credit Facility (Big Lots Inc), Credit Agreement (Big Lots 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 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 Paying Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]4.4.3.

Appears in 2 contracts

Samples: Credit Agreement (Penn Virginia Resource Partners L P), Credit Agreement (Blair 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 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 Paying Agent and the Lenders shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]4.4.3.

Appears in 2 contracts

Samples: Credit Agreement (Rhino Resource Partners LP), Senior Secured Revolving Credit Facility (Rhino Resource Partners, L.P.)

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 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 Paying Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]3.4.3.

Appears in 1 contract

Samples: Revolving Credit Facility (Respironics 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 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 Paying Administrative Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]3.4.3.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

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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 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 Paying Administrative Agent shall have the rights specified in Section 4.4.3 3.4.3 [Paying Administrative Agent’s and LenderBank’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 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 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), oror 37 (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 LoanLoan in a material respect, or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars 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 Paying Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]4.4.3.

Appears in 1 contract

Samples: Revolving Credit Facility (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 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 Paying Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]3.4.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

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 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 Paying Agent shall have the rights specified in Section 4.4.3 [Paying Agent’s and Lender’s Rights]4.4.

Appears in 1 contract

Samples: Credit Agreement (Calgon Carbon Corporation)

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