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 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 any Lender or the Swing Line Lender, as the case may be, 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 or the Swing Line Lender, as the case may be, to make or maintain any Fixed Rate Loan as contemplated by this Agreement, such Lender or the Swing Line Lender, as the case may be, shall promptly notify the Parent Borrower and the Administrative Agent thereof, and (i) the commitment or other obligation of such Lender or the Swing Line Lender, as the case may be, to make such Fixed Rate Loans or convert ABR Advances to Eurodollar Advances or convert Core Currency Euro Advances to new Core Currency Euro Advances, as the case may be, shall forthwith be suspended, (ii) such Lender or the Swing Line Lender, as the case may be, shall fund its portion of each requested Eurodollar Advance as an ABR Advance, (iii) such Lender’s or the Swing Line Lender’s, as the case may be, 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 Euro Interest Period applicable thereto or at such earlier time as may be required, and (iv) in the case of each Core Currency Euro Advance, each Bid Loan and each Swing Line Loan, the applicable Borrower shall take such action as such Lender or the Swing Line Lender, as the case may be, may reasonably request with a view to minimizing the obligations of such Borrower under Section 3.4. If the commitment of any Lender or the Swing Line Lender, as the case may be, with respect to Fixed Rate Loans is suspended pursuant to this Section and such Lender shall have obtained actual knowledge that it is once again legal for such Lender or the Swing Line Lender, as the case may be, to make or maintain Fixed Rate Loans, such Lender or the Swing Line Table of Contents Lender, as the case may be, shall promptly notify the Administrative Agent and the Parent Borrower thereof and, upon receipt of such notice by each of the Administrative Agent and the Parent Borrower, such Lender’s or the Swing Line Lender’s, as the case may be, commitment to make or maintain Fixed Rate 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. 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 CHAR1\1889946v5
Illegality of Funding. Notwithstanding any other provision hereof, if any Lender shall reasonably determine that any Regulatory Change shall make it unlawful for such Lender to make or maintain any type of Eurodollar Advance as contemplated by this Agreement, (a) the commitment of such Lender to make such type of Eurodollar Advance or convert ABR Advances to such type of Eurodollar Advance shall forthwith be suspended, and (b) such Lender's Loans then outstanding as such type of Eurodollar Advance, 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 in connection with such Regulatory Change. If the commitment of any Lender with respect to any type of Eurodollar Advance is suspended pursuant to this Section 3.7 and such Lender shall notify the Agent and the Borrower that it is once again legal for such Lender to make or maintain such type of Eurodollar Advance, such Lender's commitment to make or maintain such type of Eurodollar Advance shall be reinstated.
Illegality of Funding. 31- 2.12 Option to Fund.......................................................................-31- 2.13 Taxes; Net Payments..................................................................-31- 2.14 Capital Adequacy.....................................................................-32- 2.15 Substituted Interest Rate............................................................-32- 2.16 Transaction Record...................................................................-33- 2.17 Certificates of Payment and Reimbursement; Other Provisions Regarding Yield Protection...........................................................................-33- 3. FEES; PAYMENTS.........................................................................................-33- 3.1 Commitment Fees......................................................................-33- 3.2 Pro Rata Treatment and Application of Payments.......................................-34-
Illegality of Funding. Notwithstanding anything herein contained to the contrary, if at any time any change in any law, regulation or official directive, or in the interpretation thereof, by an governmental body charged with the administration thereof, shall make it unlawful, or any central bank or other governmental authority shall assert that it is unlawful, for Bank to fund or maintain its funding in Eurodollars of any portion of the principal amount of the Revolving Loans or otherwise to give effect to Bank's obligations as contemplated hereby, (i) Bank may by facsimile or other written notice thereof to Borrower declare Bank's obligations in respect of the LIBOR Pricing Option to be terminated forthwith, and (ii) all LIBOR Pricing Options then in effect shall forthwith cease to be in effect, and interest shall from and after such date be calculated at the interest rate applicable to amounts to which no Pricing Option applies; and (iii) Borrower's right to elect LIBOR Pricing Options is terminated until Bank notifies Borrower that Borrower's right to elect LIBOR Pricing Options is reinstated.
