Common use of Illegality or Impossibility Clause in Contracts

Illegality or Impossibility. Notwithstanding any other provision of this Agreement, if the introduction of or any change in or in the interpretation or administration of any law or regulation applicable to the Bank or the Bank's activities in the London interbank market shall make it unlawful, or any central bank or other governmental authority having jurisdiction over the Bank or the Bank's activities in the London interbank market shall assert that it is unlawful, or otherwise make it impossible, for the Bank to perform its obligations hereunder to make LIBOR Loans or to continue to fund or maintain LIBOR Loans, then on notice thereof and demand therefor by the Bank to the Borrowers, (i) the obligation of the Bank to fund LIBOR Loans shall terminate and (ii) the Borrowers shall convert to Floating Rate Loans all of the affected LIBOR Loans on or prior to the last day on which such LIBOR Loans may legally remain outstanding.

Appears in 1 contract

Samples: Third Loan Supplement and Modification Agreement (Alkermes Inc)

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Illegality or Impossibility. Notwithstanding any other provision of this Agreementletter agreement, if the introduction of or any change in or in the interpretation or administration of any law or regulation applicable to the Bank or the Bank's activities in the London interbank market shall make it unlawful, or any central bank or other governmental authority having jurisdiction over the Bank or the Bank's activities in the London interbank market shall assert that it is unlawful, or otherwise make it impossible, for the Bank to perform its obligations hereunder to make LIBOR Loans or to continue to fund or maintain LIBOR Loans, then on notice thereof and demand therefor by the Bank to the BorrowersBorrower, (i) the obligation of the Bank to fund LIBOR Loans shall terminate and (ii) the Borrowers all affected LIBOR Loans shall convert be deemed to have been converted into Floating Rate Loans all (with the Borrower to be responsible for any amount payable under Section 1.6 as a consequence of the affected LIBOR Loans on or prior to such conversion) at the last day on which such LIBOR Loans may legally remain outstanding.

Appears in 1 contract

Samples: Transkaryotic Therapies Inc

Illegality or Impossibility. Notwithstanding any other provision of this Agreementletter agreement, if the introduction of or any change in or in the interpretation or administration of any law or regulation applicable to the Bank or the Bank's activities in the London interbank market shall make it unlawful, or any central bank or other governmental authority having jurisdiction over the Bank or the Bank's activities in the London interbank market shall assert that it is unlawful, or otherwise make it impossible, for the Bank to perform its obligations hereunder to make LIBOR Loans or to continue to fund or maintain LIBOR Loans, then on notice thereof and demand therefor by the Bank to the BorrowersBorrower, (i) the obligation of the Bank to fund LIBOR Loans shall terminate and (ii) the Borrowers Borrower shall convert to Floating Rate Loans prepay in full all of the affected LIBOR Loans on or prior to the last day on which such LIBOR Loans may legally remain outstanding.

Appears in 1 contract

Samples: Genome Therapeutics Corp

Illegality or Impossibility. Notwithstanding any other --------------------------- provision of this Agreement, if the introduction of or any change in or in the interpretation or administration of any law or regulation applicable to the Bank or the Bank's activities in the London interbank market shall make it unlawful, or any central bank or other governmental authority having jurisdiction over the Bank or the Bank's activities in the London interbank market shall assert that it is unlawful, or otherwise make it impossible, for the Bank to perform its obligations hereunder to make LIBOR Loans or to continue to fund or maintain LIBOR Loans, then on notice thereof and demand therefor by the Bank to the BorrowersBorrower, (i) the obligation of the Bank to fund LIBOR Loans shall terminate and (ii) the Borrowers Borrower shall convert to Floating Rate Loans within five (5) Business Days after the Bank gives such notice prepay in full all of the affected LIBOR Loans on or prior to the last day on which such LIBOR Loans may legally remain outstandingLoans.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced NMR Systems Inc)

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Illegality or Impossibility. Notwithstanding any other provision of this Agreement, if the introduction of or any change in or in the interpretation or administration of any law or regulation applicable to the Bank Lender or the BankLender's activities in the London interbank market shall make it unlawful, or any central bank or other governmental authority having jurisdiction over the Bank Lender or the BankLender's activities in the London interbank market shall assert that it is unlawful, or otherwise make it impossible, for the Bank Lender to perform its obligations hereunder to make LIBOR Loans or to continue to fund or maintain LIBOR Loans, then on notice thereof and demand therefor by the Bank Lender to the BorrowersCustomer, (i) the obligation of the Bank Lender to fund LIBOR Loans shall terminate and (ii) the Borrowers Customer shall convert to Floating Rate Loans prepay in full all of the affected LIBOR Loans within five (5) Business Days and, in any event, on or prior to the last day on which such LIBOR Loans may legally remain outstanding."

Appears in 1 contract

Samples: Second Loan Modification Agreement (Gza Geoenvironmental Technologies Inc)

Illegality or Impossibility. Notwithstanding any other provision of this Agreementletter agreement, if the introduction of or any change in or in the interpretation or administration of any law or regulation applicable to the Bank or the Bank's good faith activities in the London interbank market shall make it unlawful, or any central bank or other governmental authority having jurisdiction over the Bank or the Bank's good faith activities in the London interbank market shall assert that it is unlawful, or otherwise make it impossible, for the Bank to perform its obligations hereunder to make LIBOR Loans or to continue to fund or maintain LIBOR Loans, then on notice thereof and demand therefor by the Bank in good faith to the BorrowersBorrower, (i) the obligation of the Bank to fund LIBOR Loans shall terminate and (ii) the Borrowers Borrower shall convert to Floating Rate Loans prepay in full all of the affected LIBOR Loans on or prior to the last day on which such LIBOR Loans may legally remain outstanding.

Appears in 1 contract

Samples: Letter Agreement (Zoom Telephonics Inc)

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