Common use of Limitation on Requests and Elections Clause in Contracts

Limitation on Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for an advance or a request for a continuation of an advance as an advance of the then existing type or conversion of an advance to an advance of another type, the Required Lenders advise the Administrative Agent (a) that, in the case of any Eurodollar Advance, deposits in dollars for periods comparable to the Interest Period elected are not generally available in the London interbank or secondary market, or (b) that the Eurodollar Rate, as determined by the Administrative Agent, will not accurately cover the cost to such Lenders of making or maintaining the related Eurodollar Advance or (c) that by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, 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 such Lenders with any 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 such Lenders (i) to make the relevant Eurodollar Advance or (ii) to continue such advance as a Eurodollar Advance or (iii) to convert an advance to a Eurodollar Advance, then the Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Advance or a conversion to such advance from the Lenders. In the event that such circumstances no longer exist, the Lenders shall again consider requests for Eurodollar Advances of the affected type and requests for continuations of and conversions to such advances of the affected type.

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

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Limitation on Requests and Elections. 1.6 Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for an advance or a request for a continuation of an advance as an advance of the then existing type or conversion of an advance to an advance of another type, the Required Lenders advise the Administrative Agent (a) that, in the case of any Eurodollar Advance, deposits in dollars for periods comparable to the Interest Period elected are not generally available in the London interbank or secondary market, or (b) that the Eurodollar Rate, as determined by the Administrative Agent, will not accurately cover the cost to such Lenders of making or maintaining the related Eurodollar Advance or (c) that by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, 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 such Lenders with any request or directive of such authority (whether or not having the force of law), including, including without limitation, limitation exchange controls, it is impracticable, unlawful or impossible for such Lenders (i) to make the relevant Eurodollar Advance or (ii) to continue such advance as a Eurodollar Advance or (iii) to convert an advance to a Eurodollar Advance, then the Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Advance or a conversion to such advance from the Lenders. In the event that such circumstances no longer exist, the Lenders shall again consider requests for Eurodollar Advances of the affected type and requests for continuations of and conversions to such advances of the affected type.

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

Limitation on Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for an advance or a request for a continuation of an advance as an advance of the then existing type or conversion of an advance to an advance of another type, the Required Lenders advise the Administrative Agent (a) that, in the case of any Eurodollar Advance, deposits in dollars for periods comparable to the Interest Period elected are not generally available in the London interbank or secondary market, or (b) that the Eurodollar Rate, as determined by the Administrative Agent, will not accurately cover the cost to such Lenders of making or maintaining the related Eurodollar Advance or (c) that by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, 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 such Lenders with any request or directive of such authority (whether or not having the force of law), including, including without limitation, limitation exchange controls, it is impracticable, unlawful or impossible for such Lenders (i) to make the relevant Eurodollar Advance or (ii) to continue such advance as a Eurodollar Advance or (iii) to convert an advance to a Eurodollar Advance, then the Company shall not be entitled, so long as such circumstances continue, to request a Eurodollar Advance or a conversion to such advance from the Lenders. In the event that such circumstances no longer exist, the Lenders shall again consider requests for Eurodollar Advances of the affected type and requests for continuations of and conversions to such advances of the affected type.

Appears in 1 contract

Samples: Credit Agreement (Dominion Homes Inc)

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Limitation on Requests and Elections. Notwithstanding any other provision of this Agreement to the contrary, if, upon receiving a request for an advance or a request for a continuation of an advance as an advance of the then existing type or conversion of an advance to an advance of another type, the Required Lenders advise the Administrative Agent type (a) that, in the case of any Eurodollar Advance or Daily LIBOR Advance, deposits in dollars for periods comparable to the Interest Period elected by the Companies are not generally available to the Bank in the London interbank or secondary market, or (b) that the Eurodollar Rate, as determined by the Administrative Agent, Rate or Daily LIBOR will not accurately cover the cost to such Lenders the Bank of making or maintaining the related Eurodollar Advance advance, or (c) that by reason of national or international financial, political or economic conditions or by reason of any applicable law, treaty, rule or regulation (whether domestic or foreign) now or hereafter in effect, or the interpretation or administration thereof by any Governmental Authority governmental authority charged with the interpretation or administration thereof, or compliance by such Lenders the Bank with any request or directive of such authority (whether or not having the force of law), including, including without limitation, limitation exchange controls, it is impracticable, unlawful or impossible for such Lenders the Bank (i) to make the relevant Eurodollar Advance or Daily LIBOR Advance or (ii) to continue such advance Advance as a Eurodollar Advance or a Daily LIBOR Advance or (iii) to convert an advance to a Eurodollar Advance or a Daily LIBOR Advance, then the Company Companies shall not be entitled, so long as such circumstances continue, to request a Eurodollar Advance or a Daily LIBOR Advance or a continuation of or conversion to such advance from the LendersBank. In the event that such circumstances no longer exist, the Lenders Bank shall again consider requests for Eurodollar Advances or Daily LIBOR Advances of the affected type and requests for continuations of and conversions to such advances of the affected type.

Appears in 1 contract

Samples: Loan Agreement (Intrenet Inc)

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