Common use of Limitation of Requests and Elections Clause in Contracts

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a continuation of a Eurodollar Rate Borrowing as a Eurodollar Rate Borrowing, or a request for conversion of a Floating Rate Borrowing to a Eurodollar Rate Borrowing, (a) deposits in Dollars for periods comparable to the Interest Period elected by the Company are not available to one or more of the Banks in the London interbank market, (b) the Eurodollar Rate will not adequately and fairly reflect the cost to any Bank of making, funding or maintaining the related Eurodollar Rate Borrowing or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty or other international agreement, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair the ability of, any Bank to make or fund the relevant Borrowing or to continue such Borrowing as a Borrowing of the then existing type or to convert a Borrowing to such a Borrowing, then the Company shall not be entitled, so long as such circumstances continue, to request a Borrowing of the affected type pursuant to Section 2.4 or a continuation of or conversion to a Borrowing of the affected type pursuant to Section 2.7. In the event that such circumstances no longer exist, the Banks shall again consider requests for Borrowings of the affected type pursuant to Section 2.4, and requests for continuations of and conversions to Borrowings of the affected type pursuant to Section 2.7.

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a continuation of a Eurodollar Fixed Rate Borrowing as a Eurodollar Rate BorrowingLoan pursuant to Section 3.1, or a request for a continuation of a Fixed Rate Loan as a Fixed Rate Loan of the then existing Type pursuant to Section 3.5, or conversion of a Floating Rate Borrowing Loan to a Eurodollar Fixed Rate BorrowingLoan pursuant to Section 3.5 or Section 3.7(d), (a) in the case of any Fixed Rate Loan, deposits in Dollars the relevant Agreed Currency for periods comparable to the Interest Period elected by the Company Borrowers are not available to one or more of the Banks any Bank in the London interbank relevant inter-bank or secondary market, or (b) the Eurodollar LIBOR Rate will not adequately and fairly reflect the cost to any Bank of making, funding making or maintaining the related Eurodollar Fixed Rate Borrowing Loan, as the case may be, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty or other international agreementtreaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair the ability of, for any Bank (i) to make or fund the relevant Borrowing Fixed Rate Loan or (ii) to continue such Borrowing Fixed Rate Loan as a Borrowing Fixed Rate Loan of the then existing type Type or (iii) to convert a Borrowing Loan to such a BorrowingFixed Rate Loan, then the Company Borrowers shall not be entitled, so long as such circumstances continue, to request a Borrowing Fixed Rate Loan of the affected type Type pursuant to Section 2.4 3.1 or a continuation of or conversion to a Borrowing Fixed Rate Loan of the affected type Type pursuant to Section 2.73.5 or Section 23 3.7(d). In the event that such circumstances no longer exist, the Banks shall again consider requests for Borrowings Fixed Rate Loans of the affected type Type pursuant to Section 2.43.1, and requests for continuations of and conversions to Borrowings Fixed Rate Loans of the affected type Type pursuant to Section 2.73.5 and Section 3.7(d).

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Loan pursuant to Section 3.1(a), or a request for a continuation of a Eurodollar Rate Borrowing as a Eurodollar Rate BorrowingLoan, or a request for a conversion of a Floating Rate Borrowing Loan to a Eurodollar Rate BorrowingLoan, pursuant to Section 3.5, (a) in the case of any Eurodollar Rate Loan, deposits in Dollars for periods comparable to the Eurodollar Interest Period elected by the Company are not available to one or more of the Banks NBD in the London interbank market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to any Bank NBD of making, funding or maintaining the related Eurodollar Rate Borrowing Loan, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty or other international agreement, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any the Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair the ability of, any Bank NBD to make or fund the relevant Borrowing Loan or to continue such Borrowing as a Borrowing of the then existing type Loan or to convert a Borrowing Loan to such a BorrowingLoan, then the Company shall not be entitled, so long as such circumstances continue, to request a Borrowing Loan of the affected type pursuant to Section 2.4 3.1(a) or a continuation of or conversion to a Borrowing Loan of the affected type pursuant to Section 2.73.5. In the event that such circumstances no longer exist, the Banks NBD shall again consider requests for Borrowings Loans of the affected type pursuant to Section 2.43.1(a), and requests for continuations of and conversions to Borrowings Loans of the affected type pursuant to Section 2.73.5. (i) Section 5.2 is amended to read in full as follows:

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a Eurodollar Rate Loan pursuant to Section 3.1, or a request for a continuation of a Eurodollar Rate Borrowing Loan as a Eurodollar Rate BorrowingLoan of the then existing type pursuant to Section 3.5, or a request for conversion of a Floating Rate Borrowing Loan to a Eurodollar Rate BorrowingLoan pursuant to Section 3.5, (a) in the case of any Eurodollar Rate Loan, deposits in Dollars for periods comparable to the Interest Period elected by the Company are not available to one or more of the Banks any Bank in the London interbank relevant inter-bank or secondary market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to any Bank of making, funding making or maintaining the related Eurodollar Rate Borrowing Loan, as the case may be, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty or other international agreementtreaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair the ability of, for any Bank (i) to make or fund the relevant Borrowing Eurodollar Rate Loan or (ii) to continue such Borrowing Eurodollar Rate Loan as a Borrowing Eurodollar Rate Loan of the then existing type or (iii) to convert a Borrowing Loan to such a BorrowingEurodollar Rate Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Borrowing Eurodollar Rate Loan of the affected type pursuant to Section 2.4 3.1 or a continuation of or conversion to a Borrowing Eurodollar Rate Loan of the affected type pursuant to Section 2.73.5. In the event that such circumstances no longer exist, the Banks shall again consider requests for Borrowings Eurodollar Rate Loans of the affected type pursuant to Section 2.43.1, and requests for continuations of and conversions to Borrowings Eurodollar Rate Loans of the affected type pursuant to Section 2.73.5.

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a continuation of a Eurodollar Fixed Rate Borrowing as a Eurodollar Rate BorrowingLoan pursuant to Section 3.1, or a request for a continuation of a Fixed Rate Loan as a Fixed Rate Loan of the then existing Type pursuant to Section 3.5, or conversion of a Floating Rate Borrowing Loan to a Eurodollar Fixed Rate BorrowingLoan pursuant to Section 3.5 or Section 3.7(d), (a) in the case of any Fixed Rate Loan, deposits in Dollars the relevant Agreed Currency for periods comparable to the Interest Period elected by the Company Borrowers are not available to one or more of the Banks any Bank in the London interbank relevant inter-bank or secondary market, or (b) the Eurodollar LIBOR Rate will not adequately and fairly reflect the cost to any Bank of making, funding making or maintaining the related Eurodollar Fixed Rate Borrowing Loan, as the case may be, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty or other international agreementtreaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair the ability of, for any Bank (i) to make or fund the relevant Borrowing Fixed Rate Loan or (ii) to continue such Borrowing Fixed Rate Loan as a Borrowing Fixed Rate Loan of the then existing type Type or (iii) to convert a Borrowing Loan to such a BorrowingFixed Rate Loan, then the Company Borrowers shall not be entitled, so long as such circumstances continue, to request a Borrowing Fixed Rate Loan of the affected type Type pursuant to Section 2.4 3.1 or a continuation of or conversion to a Borrowing Fixed Rate Loan of the affected type Type pursuant to Section 2.73.5 or Section 3.7(d). In the event that such circumstances no longer exist, the Banks shall again consider requests for Borrowings Fixed Rate Loans of the affected type Type pursuant to Section 2.43.1, and requests for continuations of and conversions to Borrowings Fixed Rate Loans of the affected type Type pursuant to Section 2.73.5 and Section 3.7(d).

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a continuation of a Eurodollar Rate Borrowing as a Eurodollar Rate BorrowingLoan, pursuant to Section 2.3, or a request for a continuation of a Loan as a Loan of the then existing type pursuant to Section 2.4, or conversion of a Floating Rate Borrowing Loan to a Eurodollar Rate BorrowingLoan of a different type pursuant to Section 2.4, (a) in the case of any Eurodollar Loan, deposits in Dollars for periods comparable to the Interest Period elected by the Company are not available to one or more of the Banks Bank in the London relevant interbank marketor secondary market or otherwise, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to any the Bank of making, funding making or maintaining the related Eurodollar Rate Borrowing Loan, or (c) by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty or other international agreementtreaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any the Bank with any guideline, request or directive of such that authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair for the ability of, any Bank (i) to make or fund the relevant Borrowing Loan or (ii) to continue such Borrowing Loan as a Borrowing Loan of the then existing type or (iii) to convert a Borrowing to such a BorrowingLoan, then the Company shall not be entitled, so long as such circumstances continue, to request a Borrowing Loan of the affected type pursuant to Section 2.4 2.3 or a continuation of or conversion to a Borrowing Loan of the affected type pursuant to Section 2.72.4. In the event that such circumstances no longer exist, the Banks Bank shall again consider requests for Borrowings continuations of and conversions to Loans of the affected type pursuant to Section 2.4, and requests for continuations of and conversions to Borrowings of the affected type pursuant to Section 2.7.

Limitation of Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for a continuation of a Eurodollar Rate Borrowing as a Eurodollar Rate BorrowingLoan pursuant to Section 3.1, or a request for a continuation or conversion of a Floating Eurodollar Rate Borrowing Loan, or a portion thereof, as a Eurodollar Rate Loan, or a request for a conversion of a Prime Rate Loan, or a portion thereof, to a Eurodollar Rate BorrowingLoan pursuant to Section 3.4, (a) in the case of any Eurodollar Rate Loan, deposits in Dollars for periods comparable to the Interest Period elected by the Company are not available to one or more of the Banks any Lender in the London interbank market, or (b) the Eurodollar Rate will not adequately and fairly reflect the cost to any Bank Lender of making, funding funding, or maintaining the related Eurodollar Rate Borrowing Loan, or (c) by reason of national or international financial, political political, or economic conditions or by reason of any applicable law, treaty or other international agreementtreaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any governmental authority charged with the interpretation or administration thereof, or compliance by any Bank Lender with any guideline, request or directive of such authority (whether or not having the force of law), including without limitation exchange controls, it is impracticable, unlawful or impossible for, or shall limit or impair the ability of, for any Bank Lender (i) to make or fund the relevant Borrowing Eurodollar Rate Loan, or (ii) to continue or convert such Borrowing Eurodollar Rate Loan, or a portion thereof, as a Borrowing of the then existing type Eurodollar Rate Loan, or (iii) to convert a Borrowing Prime Rate Loan, or a portion thereof, to such a BorrowingEurodollar Rate Loan, then the Company shall not be entitled, so long as such circumstances continue, to request a Borrowing Loan of the affected type pursuant to Section 2.4 3.1 or a continuation of or conversion to a Borrowing Loan of the affected type pursuant to Section 2.73.4. In the event that such circumstances no longer exist, the Banks Lenders shall again consider requests for Borrowings Loans of the affected type pursuant to Section 2.43.1, and requests for continuations of and conversions to Borrowings Loans of the affected type pursuant to Section 2.73.4.