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 LIBO-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 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 for the relevant Interest Period for a Loan, or to banks generally, to which a LIBO-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 Agent and such Lender shall have the rights specified in Section 3.4.3 [Agent’s and Lender’s Rights].
Appears in 3 contracts
Samples: Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises Inc), Revolving Credit Facility (Hovnanian Enterprises 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 LIBO-LIBOR 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 LIBO-LIBOR 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 LIBO-LIBOR 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 such Lender shall have the rights specified in Section 3.4.3 [Administrative Agent’s and Lender’s Rights].
Appears in 3 contracts
Samples: Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety Inc), Revolving Credit Facility (MSA Safety 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 LIBO-LIBOR 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
(ii) such LIBO-LIBOR 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
(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 LIBO-LIBOR 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 Agent and such Lender shall have the rights specified in Section 3.4.3 4.4.3 [Agent’s and Lender’s 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 shall have determined that:
(i) the making, maintenance or funding of any Loan to which a LIBO-LIBOR 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 LIBO-LIBOR 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 the Optional Currency (as applicable) for the relevant Interest Period for a Loan, or to banks generally, to which a LIBO-LIBOR Rate Option applies, respectively, are not available to such Lender with respect to such Loan, or to banks generally, in the interbank eurodollar market, ,
(iv) then the Administrative Agent and such Lender shall have the rights specified in Section 3.4.3 3.4(c) [Administrative Agent’s and Lender’s Rights].
Appears in 2 contracts
Samples: Credit Agreement (Gsi Commerce Inc), Credit Agreement (Gsi Commerce 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 LIBO-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 LIBO-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 for the relevant Interest Period for a Loan, or to banks generally, to which a LIBO-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 Agent and such Lender shall have the rights specified in Section 3.4.3 [Agent’s 's and Lender’s '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 Bank shall have determined that:
(i) the making, maintenance or funding of any Loan to which a LIBO-LIBOR 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 LIBO-LIBOR 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 LIBO-LIBOR 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 then, the Administrative Agent and such Lender shall have the rights specified in Section 3.4.3 4.4.3 [Administrative Agent’s 's and Lender’s Bank's Rights].
Appears in 1 contract
Samples: 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 LIBO-LIBOR 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 LIBO-LIBOR 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 LIBO-LIBOR 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 Agent and such Lender shall have the rights specified in Section 3.4.3 [Agent’s and 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 Term Loan to which a LIBO-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
or (ii) such LIBO-Rate Option will not adequately and fairly reflect the cost to such Lender Bank of the establishment or maintenance of any such Term Loan, or
or (iii) after making all reasonable efforts, deposits of the relevant amount in Dollars for the relevant Interest Period for a Term Loan, or to banks generally, to which a LIBO-Rate Option applies, respectively, are not available to such Lender Bank with respect to such Term Loan, or to banks generally, in the interbank eurodollar market, then the Agent and such Lender shall have the rights specified in Section 3.4.3 [(Agent’s 's and Lender’s Bank's Rights]).
Appears in 1 contract