LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Agent, be conclusive and binding on the parties hereto) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain any Loan as a LIBOR Loan, (i) the obligations of such Lenders to make or maintain any Loans as LIBOR Loans shall, upon such determination, forthwith be suspended until such Lender shall notify Agent that the circumstances causing such suspension no longer exist, and (ii) if required by such law or assertion, the LIBOR Loans of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon such conversion.
Appears in 4 contracts
Samples: Term Loan Agreement (Chelsea Gca Realty Partnership Lp), Credit Agreement (Chelsea Gca Realty Inc), Term Loan Agreement (Chelsea Gca Realty Inc)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Agent, be conclusive and binding on the parties hereto) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain any Loan as a LIBOR Loan, (i) the obligations of such Lenders to make or maintain any Loans as LIBOR Loans shall, upon such determination, forthwith be suspended until such Lender shall notify Agent that the circumstances causing such suspension no longer exist, and (ii) if required by such law or assertion, the LIBOR Loans of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate LIBOR Prepayment Fee shall be due upon such conversion.
Appears in 3 contracts
Samples: Credit Agreement (Chelsea Property Group Inc), Credit Agreement (CPG Partners Lp), Term Loan Agreement (Chelsea Property Group Inc)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to the Borrower Representative and the Agent, be conclusive and binding on the parties heretoBorrowers) that the introduction of or any change Change in or in the interpretation of any law Law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain continue any Loan as as, or to convert any Loan into, a LIBOR Loan, (i) the obligations of such Lenders Lender to make make, continue or maintain convert any Loans as such LIBOR Loans Loan shall, upon such determination, forthwith be suspended until such Lender shall notify the Agent that the circumstances causing such suspension no longer exist, and (ii) if required by such law or assertion, the all outstanding LIBOR Loans of payable to such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon at the end of the then current Interest Periods with respect thereto or sooner, if required by such conversionlaw or assertion.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Agent, be conclusive and binding on the parties hereto) that after the Closing Date the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain any Loan Advance as a LIBOR LoanAdvance, (iA) the obligations of such Lenders Lender to make or maintain any Loans Advances as LIBOR Loans Advances shall, upon such determination, forthwith be suspended until such Lender shall notify Agent that the circumstances causing such suspension no longer exist (and such Lender shall give notice if such circumstances no longer exist), and (iiB) if required by such law or assertion, the existing LIBOR Loans Advances of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon such conversionAdvances.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Price Enterprises Inc), Revolving Credit Agreement (Arden Realty Inc), Revolving Credit Agreement (Price Enterprises Inc)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Agent, be conclusive and binding on the parties hereto) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain any Loan as a LIBOR Loan, (i) the obligations of such Lenders to make or maintain any Loans as LIBOR Loans shall, upon such determination, forthwith be suspended until such Lender shall notify Agent that the circumstances causing such suspension no longer exist, and (ii) if required by such law or assertion, the LIBOR Loans of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon such conversionLoans.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Gulf Properties Inc), Credit Agreement (Excel Realty Trust Inc)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Agent, be conclusive and binding on the parties hereto) that after the Closing Date the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain any Loan Advance as a LIBOR LoanAdvance, (iA) the obligations of such Lenders to make or maintain any Loans Advances as LIBOR Loans Advances shall, upon such determination, forthwith be suspended until such Lender shall notify Agent that the circumstances causing such suspension no longer exist (and such Lender shall give notice if such circumstances no longer exist), and (iiB) if required by such law or assertion, the LIBOR Loans of Advances Of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon such conversionAdvances.
Appears in 1 contract
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower the Borrowers and the Administrative Agent, be conclusive and binding on the parties heretoBorrowers) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain continue any Loan as as, or to convert any Loan into, a LIBOR Loan, (i) the obligations of such Lenders Lender to make make, continue or maintain convert any Loans as such LIBOR Loans Loan shall, upon such determination, forthwith be suspended until such Lender shall notify the Administrative Agent that the circumstances causing such suspension no longer exist, and (ii) if required by such law or assertion, the all outstanding LIBOR Loans of payable to such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon at the end of the then current Interest Periods with respect thereto or sooner, if required by such conversionlaw or assertion.
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, shall upon notice thereof to Borrower and Agent, be conclusive and binding on the parties heretoBorrower) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority Body asserts that it is unlawful, for such Lender to make make, continue or maintain any Loan as loan as, or to convert any loan into, a LIBOR Loan, (i) the obligations of such Lenders Lender to make make, continue, maintain or maintain convert any Loans as LIBOR Loans such loans shall, upon such determination, forthwith be suspended until such Lender shall notify Borrower and Agent that the circumstances causing such suspension no longer exist, and (ii) all LIBOR Loans shall automatically convert into Floating Rate Loans at the end of the then current Interest Periods with respect thereto or sooner, if required by such law or assertion, the LIBOR Loans of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon such conversion.
Appears in 1 contract
Samples: Loan Agreement (Summa Industries)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Agent, be conclusive and binding on the parties hereto) that the introduction of or any change in or in the interpretation of any law makes it unlawful, or any central bank or other Governmental Authority asserts that it is unlawful, for such Lender to make or maintain any Loan as a LIBOR Loan, (iA) the obligations of such Lenders to make or maintain any Loans as LIBOR Loans shall, upon such determination, forthwith be suspended until such Lender shall notify Agent that the circumstances causing such suspension no longer exist, and (iiB) if required by such law or assertion, the LIBOR Loans of such Lender shall automatically convert into Base Rate Loans in which case no Fixed Rate Prepayment Fee shall be due upon such conversionLoans.
Appears in 1 contract
Samples: Credit Agreement (Prudential Bache Equitec Real Estate Partnership)