Limitation on Types of Advances. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Advances for any Interest Period therefor:
(a) The Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “Eurodollar Rate” in Section 1.1 hereof are not being provided in the relative amounts or for the relative maturities for purposes of determining the rate of interest for such Advances as provided in this Agreement; or
(b) Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Agent that the relevant rates of interest referred to in the definition of “Eurodollar Rate” in Section 1.1 hereof on the basis of which the rate of interest for such Advances for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Advances for such Interest Period; then the Agent shall give the Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Advances or to Convert Base Rate Advances into Eurodollar Advances and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Advances, either prepay such Eurodollar Advances or Convert such Eurodollar Advances into Base Rate Advances in accordance with the terms of this Agreement.
Limitation on Types of Advances. Anything herein to the ------------------------------- contrary notwithstanding, if on or prior to the determination of any LIBOR-Based Rate for any Interest Period:
(a) the Agent determines in good faith (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of LIBOR-Based Rate are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for LIBOR Loans as provided herein; or
(b) if the Required Lenders determine in good faith (which determination shall be conclusive) and notify the Agent that the relevant rates of interest referred to in the definition of LIBOR-Based Rate in this Agreement upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined are not likely to adequately cover the cost to such Lenders of making or maintaining LIBOR Loans for such Interest Period; then the Agent shall give Hibbett and each Lender written notice thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional LIBOR Loans, and the Borrowers shall, on the last day(s) of the then-current Interest Period(s) for the outstanding LIBOR Loans, either prepay such Loans or convert such Loans into Base Rate Loans.
Limitation on Types of Advances. Anything herein to the ------------------------------- contrary notwithstanding, if with respect to any Eurodollar Advances or any Alternate Currency Advances for any Interest Period therefor:
(a) The Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definitions of "Eurodollar Rate" and "Alternate Currency Rate" in Section 1.1 hereof are not being provided in the relative amounts ----------- or for the relative maturities for purposes of determining the rate of interest for such Advances as provided in this Agreement; or
Limitation on Types of Advances. Anything herein to the ----------------------------------- contrary notwithstanding, if with respect to any LIBOR Advances for any Interest Period therefore, the Bank determines (which determination shall be conclusive if made in good faith) that quotations of interest rates for the relevant deposits referred to in the definition of "Base LIBOR" in Section 1.1 ----------- hereof are not being provided in the relative amounts or for the relative maturities for purposes of determining the rate of interest for such Advances as provided in this Agreement, then the Bank shall give the Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, the Bank shall be under no obligation to make additional LIBOR Advances or to Convert Prime Rate Advances into LIBOR Advances and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding LIBOR Advances, either prepay such LIBOR Advances or Convert such LIBOR Advances into Prime Rate Advances in accordance with the terms of this Agreement. The Bank shall be deemed to have acted in good faith under this Section 6.3 if the Bank is giving notice to its customers generally ----------- of the occurrence of either of the conditions specified in this Section 6.3. -----------
Limitation on Types of Advances. If, on or prior to the determination of any interest rate for any LIBOR Advance for any Interest Period, any Bank reasonably and in good faith determines that deposits in Dollars comparable to the amount and for the Interest Period of that Advance are not available in the London interbank eurodollar market, or that, by reason of circumstances affecting the London interbank eurodollar market, adequate and reasonable means do not exist for ascertaining the interest rate applicable to that Interest Period, or that the making or funding of LIBOR Advances has become impracticable, the Administrative Agent shall give Borrower prompt notice thereof, and so long as that condition remains in effect, such Bank shall be under no obligation to make, or to convert other Advances into, Advances of the type affected, and Borrower shall, on the later of (a) the last day of the then current Interest Period for the affected Advance, or (b) seven Business Days after receipt of the Administrative Agent's notice, either notify such Bank and thereafter prepay the Advance in accordance with Section 2.1(D), or notify such Bank and thereafter convert the Advance into another type or types of Advance(s) in accordance with Section 2.11 (subject, in either case, to Section 2.16).
Limitation on Types of Advances. Anything herein ------------------------------- contained to the contrary notwithstanding, if, on or prior to the determination of an interest rate for any LIBOR Advances for any Interest Period therefor:
(a) the Agent determines (which determination shall be conclusive) that, by reason of any event affecting the money markets in the United States of America or the London interbank market, quotations of interest rates for the relevant deposits are not being provided in such markets in the relevant amounts or for the relevant maturities for purposes of determining the rate of interest for such Advances under this Agreement; or
(b) the Agent determines (which determination shall be conclusive) that by reason of any event affecting money or financial markets in the United States of America or the London interbank market, rates of interest or the cost of making or maintaining loans, the rate of interest referred to in the definition of "LIBOR" in Section 1.1 hereof upon the basis of which the rate of interest of any LIBOR Advances for such period is determined does not accurately reflect the cost to the Banks of making or maintaining such Advances for such period, then the Agent shall give the Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks shall be under no obligation to make LIBOR Advances and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the Outstanding LIBOR Advances, either prepay such LIBOR Advances in accordance with Section 2.6(c) or convert such LIBOR Advances into Prime Rate Advances in accordance with Section 2.17.
Limitation on Types of Advances. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Advances for any Interest Period therefor, Lender determines (which determination shall be conclusive) that the relevant rates of interest referred to in the definition of "Eurodollar Rate" in SECTION 1.1 hereof on the basis of which the rate of interest for Eurodollar Advances for such Interest Period is to be determined do not accurately reflect the cost to the Lender of making or maintaining Eurodollar Advances for such Interest Period, then Lender shall give Borrower prompt notice thereof specifying the relevant amounts or periods, and so long as such condition remains in effect, Lender shall be under no obligation to make additional Eurodollar Advances or to Convert Prime Rate Advances into Eurodollar Advances and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Advances either prepay such Eurodollar Advances or Convert such Eurodollar Advances into Prime Rate Advances in accordance with the terms of this Agreement. 2.15 Amendment to Section 4.3
Limitation on Types of Advances. If on or prior to the ------------------------------- first day of any Interest Period for any Eurodollar Advance:
(a) Agent determines (which determination shall be conclusive) that by reason of circumstances affecting the relevant market, adequate and reasonable means do not exist for ascertaining the Eurodollar Rate for such Interest Period; or
(b) Majority Banks determine (which determination shall be conclusive) and notify Agent that the Adjusted Eurodollar Rate will not adequately and fairly reflect the cost to Banks of funding Eurodollar Advances for such Interest Period; then Agent shall give Borrower prompt notice thereof specifying the relevant Type of Advances and the relevant amounts or periods, and so long as such condition remains in effect, Banks shall be under no obligation to make additional Advances of such Type, Continue Advances of such Type, or to Convert Advances of any other Type into Advances of such Type and Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Advances of the affected Type, either prepay such Advances or Convert such Advances into another Type of Advance in accordance with the terms of this Agreement.
Limitation on Types of Advances. Illegality 16
Limitation on Types of Advances. Anything herein to the contrary notwithstanding, if with respect to any Fixed Rate Advances for any Interest Period therefor:
(a) The Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof are not being provided in the relative amounts or for the relative maturities for purposes of determining the rate of interest for such Advances as provided in this Agreement; or
