Common use of LIBOR Rate Lending Unlawful Clause in Contracts

LIBOR Rate Lending Unlawful. If as a result of a regulatory --------------------------- change the Bank shall reasonably determine that it is unlawful for the Bank to make, continue or maintain the LIBOR Loan, the obligation of the Bank to make, continue or maintain any such LIBOR Loans shall, upon such determination (and telephonic notice thereof, to be subsequently confirmed in writing, to the Borrower which notice shall, in the absence of manifest error, create a rebuttable presumption as to the effect of such regulatory change as specified above), forthwith be suspended until the earliest date the Bank can determine and notify the Borrower that the circumstances causing such suspension no longer exist, and the interest rate applicable to the outstanding LIBOR Loan shall automatically convert to the Base Rate on the last day(s) of the then current respective Interest Period with respect thereto or sooner, if required by such regulatory change, provided that the Bank shall take any reasonable actions -------- available to it (including designation of its lending offices) consistent with legal and regulatory restrictions that will avoid the need for such suspension and will not, in the reasonable judgment of the Bank, be otherwise materially disadvantageous to the Bank.

Appears in 1 contract

Samples: Credit Agreement (Spacehab Inc \Wa\)

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LIBOR Rate Lending Unlawful. If as a result of a regulatory --------------------------- change the Bank shall reasonably determine that it is unlawful for the Bank to make, continue or maintain the Loan at the LIBOR LoanRate, then the obligation of the Bank to make, continue or maintain any such Loan at the LIBOR Loans Rate shall, upon such determination (and telephonic notice thereof, to be subsequently confirmed in writing, writing to the Borrower which notice shall, in the absence of manifest error, create a rebuttable presumption as to the effect of such regulatory change as specified above), forthwith be suspended until the earliest date the Bank can determine and notify the Borrower that the circumstances causing such suspension no longer exist, and the interest rate LIBOR Rate applicable to the outstanding LIBOR Loan shall automatically convert to the Base Rate on the last day(s) of the then current respective Interest Period Period(s) with respect thereto or sooner, if required by such regulatory change, provided PROVIDED that the Bank shall take any reasonable actions -------- available to it (including designation of its lending offices) consistent with legal and regulatory restrictions that will avoid the need for such suspension and will not, in the reasonable judgment of the Bank, be otherwise materially disadvantageous to the Bank.

Appears in 1 contract

Samples: Credit Agreement (JLM Industries Inc)

LIBOR Rate Lending Unlawful. If as a result of a regulatory --------------------------- change the Bank shall reasonably determine that it is unlawful for the Bank to make, continue or maintain the any Loans accruing interest at a LIBOR LoanRate, the obligation of the Bank to make, continue or maintain any such Loans at a LIBOR Loans Rate shall, upon such determination (and telephonic notice thereof, to be subsequently confirmed in writing, to the Borrower which notice shall, in the absence of manifest error, create a rebuttable presumption as to the effect of such regulatory change as specified above), forthwith be suspended until the earliest date the Bank can determine and notify the Borrower that the circumstances causing such suspension no longer exist, and the interest rate LIBOR Rate applicable to the outstanding LIBOR Loan all Loans shall automatically convert to the Base Rate on the last day(s) of the then current respective Interest Period Period(s) with respect thereto or sooner, if required by such regulatory change, provided that the Bank shall take any reasonable actions -------- available to it (including designation of its lending offices) consistent with legal and regulatory restrictions that will avoid the need for such suspension and will not, in the reasonable judgment of the Bank, be otherwise materially disadvantageous to the Bank.

Appears in 1 contract

Samples: Credit and Security Agreement (Sun Hydraulics Corp)

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LIBOR Rate Lending Unlawful. If as a result of a regulatory --------------------------- change the Bank shall reasonably determine that it is unlawful for the Bank to make, continue or maintain the any Loan accruing interest at a LIBOR LoanRate, the obligation of the Bank to make, continue or maintain any such Loan at a LIBOR Loans Rate shall, upon such determination (and telephonic notice thereof, to be subsequently confirmed in writing, to the Borrower which notice shall, in the absence of manifest error, create a rebuttable presumption as to the effect of such regulatory change as specified above), forthwith be suspended until the earliest date the Bank can determine and notify the Borrower that the circumstances causing such suspension no longer exist, and the interest rate LIBOR Rate applicable to the outstanding LIBOR Loan all Loans shall automatically convert to the Base Rate on the last day(s) of the then current respective Interest Period Period(s) with respect thereto or sooner, if required by such regulatory change, provided that the Bank shall take any reasonable actions -------- available to it (including designation of its lending offices) consistent with legal and regulatory restrictions that will avoid the need for such suspension and will not, in the reasonable judgment of the Bank, be otherwise materially disadvantageous to the Bank.

Appears in 1 contract

Samples: Credit and Security Agreement (Sun Hydraulics Corp)

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