Common use of Illegality; Increased Costs Clause in Contracts

Illegality; Increased Costs. Deposits Not Available) above, such Bank shall promptly so notify the Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Agent shall promptly send copies of such notice and certificate to the other Banks and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the Banks, in the case of such notice given by the Agent, or (B)such Bank, in the case of such notice given by such Bank, to allow the Borrower to select, convert to or renew a LIBO-Rate Option shall be suspended until the Agent shall have later notified the Borrower, or such Bank shall have later notified the Agent, of the Agent's or such Bank's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Agent makes a determination under Section 3.4.1 (Unascertainable) and the Borrower has previously notified the Agent of its selection of, conversion to or renewal of a LIBO-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank notifies the Agent of a determination under Section 3.4.2 (

Illegality; Increased Costs. Deposits Not Available) ] above, such Bank Lender shall promptly so notify the Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Agent shall promptly send copies of such notice and certificate to the other Banks Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the Banksa) the Lenders, in the case of such notice given by the Agent, or (B)such Bankb) such Lender, in the case of such notice given by such BankLender, to allow the Borrower to select, convert to or renew a LIBOEuro-Rate Option shall be suspended until the Agent shall have later notified the Borrower, or such Bank Lender shall have later notified the Agent, of the Agent's or such BankLender's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Agent makes a determination under Section 3.4.1 (4.4.1 [Unascertainable) ] and the Borrower has previously notified the Agent of its selection of, conversion to or renewal of a LIBOEuro-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for the selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such LoansLoans if the Borrower has requested the Euro-Rate Option. If any Bank Lender notifies the Agent of a determination under Section 3.4.2 (4.4.2 [

Illegality; Increased Costs. Deposits Not Available) ] above, such Bank Lender shall promptly so notify the Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Agent shall promptly send copies of such notice and certificate to the other Banks Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the Banksa) the Lenders, in the case of such notice given by the Agent, or (B)such Bankb) such Lender, in the case of such notice given by such BankLender, to allow the Borrower to select, convert to or renew a LIBO-LIBOR Rate Option shall be suspended until the Agent shall have later notified the Borrower, or such Bank Lender shall have later notified the Agent, of the Agent's or such BankLender's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Agent makes a determination under Section 3.4.1 (4.4.1 [Unascertainable) ] and the Borrower has previously notified the Agent of its selection of, conversion to or renewal of a LIBO-LIBOR Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for the selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such LoansLoans if the Borrower has requested the LIBOR Rate Option. If any Bank Lender notifies the Agent of a determination under Section 3.4.2 (4.4.2 [

Illegality; Increased Costs. Deposits Not Available) ] above, such Bank Lender shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Banks Lenders and the BorrowerBorrowers. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the BanksA) the Lenders, in the case of such notice given by the Administrative Agent, or (B)such BankB) such Lender, in the case of such notice given by such BankLender, to allow the Borrower Borrowers to select, convert to or renew a LIBO-LIBOR Rate Option or a BA Rate Option shall be suspended until the Administrative Agent shall have later notified the BorrowerBorrowers, or such Bank Lender shall have later notified the Administrative Agent, of the Administrative Agent's ’s or such Bank'sLender’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 3.4.1 ([Unascertainable) ] and the Borrower has previously notified the Agent of its selection of, conversion to or renewal of a LIBO-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank notifies the Agent of a determination under Section 3.4.2 (Borrowers have previously

Illegality; Increased Costs. Deposits Not Available) ] above, such Bank the Lender shall promptly so notify the Agent Borrower thereof and endorse a certificate to such notice as to the specific circumstances of such notice, and the Agent shall promptly send copies of such notice and certificate to the other Banks and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the Banks, in A) the case of such notice given by the Agent, or (B)such Bank, in the case of such notice given by such Bank, Lender to allow the Borrower to select, convert to or renew a LIBO-LIBOR Rate Option shall be suspended until the Agent Lender shall have later notified the Borrower, or such Bank shall have later notified the Agent, Borrower of the AgentLender's or such Bank's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Agent Lender makes a determination under Section 3.4.1 (4.4.1 [Unascertainable) ] and the Borrower has previously notified the Agent Lender of its selection of, conversion to or renewal of a LIBO-LIBOR Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank the Lender notifies the Agent Borrower of a determination under Section 3.4.2 (4.4.2 [

Illegality; Increased Costs. Deposits Not Available) ] above, such Bank Lender shall promptly so notify the Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Agent shall promptly send copies of such notice and certificate to the other Banks Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the BanksLenders, in the case of such notice given by the Agent, or (B)such BankLender, in the case of such notice given by such BankLender, to allow the Borrower to select, convert to or renew a LIBO-Rate Option shall be suspended until the Agent shall have later notified the Borrower, or such Bank Lender shall have later notified the Agent, of the Agent's or such BankLender's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Agent makes a determination under Section 3.4.1 ([Unascertainable) ] and the Borrower has previously notified the Agent of its selection of, conversion to or renewal of a LIBO-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank Lender notifies the Agent of a determination under Section 3.4.2 ([

Illegality; Increased Costs. Deposits Not Available) Etc.] above, such Bank shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Banks and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the A) the Banks, in the case of such notice given by the Administrative Agent, or (B)such B) such Bank, in the case of such notice given by such Bank, to allow the Borrower to select, convert to or renew a LIBOEuro-Rate Option shall be suspended until the Administrative Agent shall have later notified the Borrower, or such Bank shall have later notified the Administrative Agent, of the Administrative Agent's or such Bank's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 3.4.1 ([Unascertainable) ] and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBOEuro-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for the selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank notifies the Administrative Agent of a determination under Section 3.4.2 ([

Illegality; Increased Costs. Deposits Not Available) Etc.] above, such Bank shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Banks and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the A) the Banks, in the case of such notice given by the Administrative Agent, or (B)such B) such Bank, in the case of such notice given by such Bank, to allow the Borrower to select, convert to or renew a LIBOEuro-Rate Option or select an Optional Currency (as applicable) shall be suspended until the Administrative Agent shall have later notified the Borrower, or such Bank shall have later notified the Administrative Agent, of the Administrative Agent's ’s or such Bank's’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 3.4.1 ([Unascertainable) ] and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBOEuro-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank notifies the Agent of a determination under Section 3.4.2 (and

Illegality; Increased Costs. Deposits Not Available) Etc.] above, such Bank shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Banks and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the A) the Banks, in the case of such notice given by the Administrative Agent, or (B)such B) such Bank, in the case of such notice given by such Bank, to allow the Borrower to select, convert to or renew a LIBOEuro-Rate Option or select an Optional Currency (as applicable) shall be suspended until the Administrative Agent shall have later notified the Borrower, or such Bank shall have later notified the Administrative Agent, of the Administrative Agent's or such Bank's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 3.4.1 ([Unascertainable) ] and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBOEuro-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for the selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank notifies the Administrative Agent of a determination under Section 3.4.2 ([

Illegality; Increased Costs. Deposits Not Available) Etc.] above, such Bank shall promptly so notify the Administrative Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Administrative Agent shall promptly send copies of such notice and certificate to the other Banks and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the A) the Banks, in the case of such notice given by the Administrative Agent, or (B)such B) such Bank, in the case of such notice given by such Bank, to allow the Borrower to select, convert to or renew a LIBOEuro-Rate Option or select an Optional Currency (as applicable) shall be suspended until the Administrative Agent shall have later notified the Borrower, or such Bank shall have later notified the Administrative Agent, of the Administrative Agent's or such Bank's, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Administrative Agent makes a determination under Section 3.4.1 ([Unascertainable) ] and the Borrower has previously notified the Administrative Agent of its selection of, conversion to or renewal of a LIBOEuro-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for the selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank notifies the Administrative Agent of a determination under Section 3.4.2 (3.4.2

Illegality; Increased Costs. Deposits Not Available) ] above, such Bank Lender shall promptly so notify the Agent and endorse a certificate to such notice as to the specific circumstances of such notice, and the Agent shall promptly send copies of such notice and certificate to the other Banks Lenders and the Borrower. Upon such date as shall be specified in such notice (which shall not be earlier than the date such notice is given), the obligation of (A)the Banksi) the Lenders, in the case of such notice given by the Agent, or (B)such Bankii) such Lender, in the case of such notice given by such BankLender, to allow the Borrower to select, convert to or renew a LIBOEuro-Rate Option or select an Optional Currency (as applicable) shall be suspended until the Agent shall have later notified the Borrower, or such Bank Lender shall have later notified the Agent, of the Agent's ’s or such Bank'sLender’s, as the case may be, determination that the circumstances giving rise to such previous determination no longer exist. If at any time the Agent makes a determination under Section 3.4.1 (4.4.1 [Unascertainable) ] and the Borrower has previously notified the Agent of its selection of, conversion to or renewal of a LIBOEuro-Rate Option and such Interest Rate Option has not yet gone into effect, such notification shall be deemed to provide for the selection of, conversion to or renewal of the Base Rate Option otherwise available with respect to such Loans. If any Bank Lender notifies the Agent of a determination under Section 3.4.2 (4.4.2 [