Illegality of Funding. Notwithstanding any other provision hereof, if any Lender shall reasonably determine that any law, regulation, treaty or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for such Lender to make or maintain any Eurodollar Advance as contemplated by this Agreement, such Lender shall promptly notify the Borrower and the Administrative Agent thereof, and (a) the commitment of such Lender to make such Eurodollar Advances or Convert ABR Advances to such Eurodollar Advances shall forthwith be suspended, (b) such Lender shall fund its portion of each requested Eurodollar Advance as an ABR Advance and (c) such Lender’s Loans then outstanding as such Eurodollar Advances, if any, shall be Converted automatically to an ABR Advance on the last day of the then current Interest Period applicable thereto or at such earlier time as may be required. If the commitment of any Lender with respect to Eurodollar Advances is suspended pursuant to this Section 3.7 and such Lender shall have obtained actual knowledge that it is once again legal for such Lender to make or maintain Eurodollar Advances, such Lender shall promptly notify the Administrative Agent and the Borrower thereof and, upon receipt of such notice by each of the Administrative Agent and the Borrower, such Lender’s commitment to make or maintain Eurodollar Advances shall be reinstated. If the commitment of any Lender with respect to Eurodollar Advances is suspended pursuant to this Section 3.7, such suspension shall not otherwise affect such Lender’s Commitment.
Illegality of Funding. 43 3.8 Option to Fund; Substituted Interest Rate................................................................. 44 3.9 Certificates of Payment and Reimbursement............................................................ 46 3.10 Taxes; Net Payments................................................................................................ 47
Illegality of Funding. Notwithstanding any other provision hereof, if any Lender shall reasonably determine that any law, regulation, treaty or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for such Lender to make or maintain Loans whose interest rates are based upon SOFR or Term SOFR, such Lender shall promptly notify the Borrower and the Administrative Agent thereof, and
(a) the commitment of such Lender to make such Term SOFR Advances or to Convert ABR Advances to Term SOFR Advances shall forthwith be suspended, (b) such Lender shall fund its portion of each requested Term SOFR Advance as an ABR Advance, (c) such Lender’s Loans then outstanding as such Term SOFR Advances, if any, shall be Converted automatically to an ABR Advance on the last day of the then-current Interest Period applicable thereto or at such earlier time as may be required and (d) if such notice asserts the illegality of such Lender making or maintaining ABR Advances the interest rate on which is determined by reference to One Month SOFR Rate, the interest rate on which ABR Advances of such Lender shall, if necessary to avoid such illegality, be determined by the Administrative Agent without reference to the One Month SOFR Rate component of the Alternate Base Rate. If the commitment of any Lender with respect to Term SOFR Advances is suspended pursuant to this Section 3.7 and such Lender shall have obtained actual knowledge that it is once again legal for such Lender to make or maintain Term SOFR Advances, such Lender shall promptly notify the Administrative Agent and the Borrower thereof and, upon delivery of such notice to each of the Administrative Agent and the Borrower, such Lender’s commitment to make or maintain Term SOFR Advances shall be reinstated. If the commitment of any Lender with respect to Term SOFR Advances is suspended pursuant to this Section 3.7, such suspension shall not otherwise affect such Lender’s Commitment.
Illegality of Funding. Notwithstanding anything contained herein to the contrary, if any law, regulation, treaty or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for any Lender to make or maintain any Eurodollar Loan as contemplated by this Agreement, (i) the commitment of such Lender to make Eurodollar Loans or convert ABR Loans to Eurodollar Loans, as the case may be, shall forthwith be suspended and (ii) such Lender's then outstanding Eurodollar Loans affected thereby, if any, shall be converted automatically to ABR Loans on the last day of the then current Interest Period applicable thereto or at such earlier time as may be required. If the commitment of any Lender with respect to Eurodollar Loans is suspended pursuant to this Section 2.11 and such Lender shall notify the Administrative Agent and the Borrower that it is once again legal for such Lender to make or maintain Eurodollar Loans, such Lender's commitment to make or maintain Eurodollar Loans shall be reinstated.
Illegality of Funding. Notwithstanding any other provision hereof, if the Bank shall reasonably determine that any law, regulation, treaty or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for the Bank to make or maintain any LIBOR Advance as contemplated by this Agreement, the Bank shall promptly notify the Borrower thereof, and (i) the commitment of the Bank to make such LIBOR Advances or convert ABR Advances to LIBOR Advances shall forthwith be suspended, (ii) the Bank shall fund each requested LIBOR Advance as an ABR Advance and (iii) the Loans then outstanding as such LIBOR Advances shall be converted automatically to ABR Advances on the last day of the then current Interest Period applicable thereto or at such earlier time as may be required by
Illegality of Funding. Notwithstanding any other provision hereof, if the Bank shall reasonably determine that any law, regulation, treaty or directive, or any change therein or in the interpretation or application thereof, shall make it unlawful for the Bank to make or maintain any LIBOR Advance as contemplated by this Agreement, the Bank shall promptly notify the Borrower thereof, and (i) the commitment of the Bank to make such LIBOR Advances or convert ABR Advances to LIBOR Advances shall forthwith be suspended, (ii) the Bank shall fund each requested LIBOR Advance as an ABR Advance and (iii) the Loans then outstanding as such LIBOR Advances shall be converted automatically to ABR Advances on the last day of the then current Interest Period applicable thereto or at such earlier time as may be required by law. If the commitment of the Bank with respect to LIBOR Advances is suspended pursuant to this Section and the Bank shall have obtained actual knowledge that it is once again legal for the Bank to make or maintain LIBOR Advances, the Bank shall promptly notify the Borrower thereof and, upon receipt of such notice by the Borrower, the Bank's commitment to make or maintain LIBOR Advances shall be reinstated.
Illegality of Funding. 36 3.8 Option to Fund; Substituted Interest Rate 36 3.9 Certificates of Payment and Reimbursement 37 3.10 Taxes; Net Payments 37 3.11 Facility Fees 41 3.12 Reserved 41 3.13 Replacement of Lender 41
Illegality of Funding. Option to Fund; Substituted Interest Rate
Illegality of Funding. 24 3.8 OPTION TO FUND; SUBSTITUTED INTEREST RATE...........................................................24 3.9 CERTIFICATES OF PAYMENT AND REIMBURSEMENT...........................................................25 3.10 TAXES; NET PAYMENTS................................................................................26 3.11
Illegality of Funding. 44 SECTION 3.9
