LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Administrative 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 portion of the Loan as a Fixed Rate Portion, (A) the obligations of such Lender to make or maintain any portion of the Loan as Fixed Rate Portions shall, upon such determination, forthwith be suspended until such Lender shall notify Administrative Agent that the circumstances causing such suspension no longer exist (and such Lender shall give notice if such circumstances no longer exist), and (B) if required by such law or assertion, the existing Fixed Rate Portions of such Lender shall automatically convert into Base Rate Portions.
Appears in 2 contracts
Samples: Term Loan Agreement (Arden Realty Limited Partnership), Term Loan Agreement (Arden Realty Limited Partnership)
LIBOR Lending Unlawful. If any Lender shall determine in its ---------------------- reasonable discretion (which determination shall, upon notice thereof to Borrower and Administrative Agent, be conclusive and binding on the parties heretoBorrower) 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 Body asserts that it is unlawful, for such Lender to make make, continue or maintain any portion of the Loan as loan as, or to convert any loan into, a Fixed Rate PortionLIBOR Loan, (A) the obligations of such Lender to make make, continue, maintain or maintain convert any portion of the Loan as Fixed Rate Portions such loans shall, upon such determination, forthwith be suspended until such Lender shall notify Administrative Borrower and Agent that the circumstances causing such suspension no longer exist (and such Lender shall give notice if such circumstances no longer exist), and (B) 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 existing Fixed Rate Portions of such Lender shall automatically convert into Base Rate Portions.
Appears in 2 contracts
Samples: Loan and Security Agreement (Powerwave Technologies Inc), Loan Agreement (Powerwave Technologies Inc)
LIBOR Lending Unlawful. If any Lender shall determine (which determination shall, upon notice thereof to Borrower and Administrative 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 portion of the Loan Advance as a Fixed Rate PortionLIBOR Advance, (A) the obligations of such Lender to make or maintain any portion of the Loan Advances as Fixed Rate Portions LIBOR Advances shall, upon such determination, forthwith be suspended until such Lender shall notify Administrative Agent that the circumstances causing such suspension no longer exist (and such Lender shall give notice if such circumstances no longer exist), and (B) if required by such law or assertion, the existing Fixed Rate Portions LIBOR Advances of such Lender shall automatically convert into Base Rate PortionsAdvances.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Arden Realty Inc), Senior Unsecured Credit Agreement (Arden Realty Inc)