Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor: (a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or (b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 10 contracts
Samples: Credit Agreement (Alamosa PCS Holdings Inc), Credit Agreement (State Communications Inc), Credit Agreement (Alamosa PCS Holdings Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any interest rate for any Eurodollar Loans or any Money Market LIBOR Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" “LIBOR” in Section 1.1 1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities or that adequate and fair means do not otherwise exist for purposes of determining the rate of interest for such Loans as provided in this Agreement; or
(b) the Required Lenders Banks (or any Bank that has outstanding a Money Market Quote with respect to a Money Market LIBOR Loan) determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" “LIBOR” in Section 1.1 1 hereof on upon the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders Banks of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Bank prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders Banks (or such Bank with an outstanding Money Market Quote, as the case may be) shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreementtype.
Appears in 7 contracts
Samples: Five Year Credit Agreement (American Honda Finance Corp), 364 Day Credit Agreement (American Honda Finance Corp), Credit Agreement (American Honda Finance Corp)
Limitation on Types of Loans. Anything herein If on or prior to the contrary notwithstanding, if with respect to any Eurodollar Loans for first day of any Interest Period thereforfor any Eurodollar Rate Loan or Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate:
(a) the Administrative Agent reasonably determines (which determination shall be conclusive absent manifest errorconclusive) that quotations by reason of interest rates for circumstances affecting the relevant deposits referred to in market, adequate and reasonable means do not exist for ascertaining the definition of "Eurodollar Rate or Eurodollar Competitive Rate" in Section 1.1 hereof are not being provided in , as the relative amounts or for the relative maturities for purposes of determining the rate of interest case may be, for such Loans as provided in this AgreementInterest Period; or
(b) the Required Lenders determine in good faith (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in Eurodollar Rate or Eurodollar Competitive Rate, as the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do case may be, will not accurately adequately and fairly reflect the cost to the Lenders of making funding Eurodollar Rate Loans or maintaining such Loans Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof andspecifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar additional Loans of such Type, Continue Loans of such Type, or to Convert Base Rate Loans of any other Type into Eurodollar Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansLoans of the affected Type, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Autonation, Inc.), Five Year Credit Agreement (Autonation, Inc.), Five Year Credit Agreement (Autonation, Inc.)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans LIBO Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBO Rate" in Section 1.1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such LIBOR Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar LIBO Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such LIBOR Loans for such Interest Period is to be determined do not accurately adequately and fairly reflect the cost to the such Lenders of making or maintaining such LIBOR Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar additional LIBOR Loans, to Continue LIBOR Loans or to Convert Base Prime Rate Loans into Eurodollar Loans LIBOR Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LIBOR Loans, either prepay such Loans or Convert such Loans into Base Prime Rate Loans in accordance with the terms of this AgreementSection 2.8 hereof.
Appears in 4 contracts
Samples: Credit Agreement (Genzyme Corp), Credit Agreement (Genzyme Corp), Credit Agreement (Genzyme Corp)
Limitation on Types of Loans. Anything herein in this Agreement to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section SECTION 1.1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Lenders Banks determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section SECTION 1.1 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the Lenders such Banks of making or maintaining such Loans for such any proposed Interest PeriodPeriods therefor; then or
(c) the Administrative Agent determines (which determination shall be conclusive absent manifest error) that by reason of circumstances affecting the Eurodollar interbank market generally, deposits in dollars in the relevant Eurodollar interbank market are not being offered for the applicable Interest Period and in an amount equal to the amount of the Eurodollar Loan requested by the Company; the Agent shall give promptly notify the Borrower prompt notice thereof Company and each Bank thereof, and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into (but shall maintain until the end of the Interest Period then in effect the Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreementoutstanding).
Appears in 4 contracts
Samples: Credit Agreement (Monterey Resources Inc), 364 Day Credit Agreement (Santa Fe Snyder Corp), Credit Agreement (Santa Fe Snyder Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required The Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition definitions of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof (describing the circumstances giving rise to such event) and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans or Loans, to Continue Eurodollar Loans, to Convert Base Rate Loans of another Type into Eurodollar Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, Loans either prepay such Loans or Convert such Loans into Base Rate Loans of another Type in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 4 contracts
Samples: Credit Agreement (Suiza Foods Corp), Credit Agreement (Suiza Foods Corp), Credit Agreement (Suiza Foods Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforFixed Rate Loans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Fixed Rate Loans of the relevant Type or to Convert convert Base Rate Loans into Eurodollar Fixed Rate Loans of the relevant Type and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansFixed Rate Loans of the relevant Type, either prepay such Loans or Convert convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 3 contracts
Samples: Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Fixed Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Fixed Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such either Type of Fixed Rate Loans as provided in this Agreementherein; or
(b) the Required Lenders Majority Banks determine (or any Bank that has outstanding a Money Market Quote with respect to a LIBOR Market Loan determines), which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Fixed Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans (or LIBOR Market Loans, as the case may be) for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks (or to such quoting Bank) of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks (or such quoting Bank) shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding additional Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Washington Mutual Inc), Four Year Credit Agreement (Washington Mutual Inc), Credit Agreement (Washington Mutual Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Fixed Base Rate for any Interest Period thereforin accordance with the terms hereof:
(a) the Administrative Agent determines (Chase determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Fixed Base Rate" in Section 1.1 Schedule 1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such any type of Fixed Rate Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (Majority Banks determine, which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the Administrative Agent case may be) Chase that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Fixed Base Rate" in Section 1.1 Schedule 1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks (or to such quoting Bank) of making or maintaining such Loans for such Interest Periodtype of Loans; then the Administrative Agent Chase shall give the Borrower Company and each Bank prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders Banks (or such quoting Bank) shall be under no obligation to make Eurodollar additional Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreementtype.
Appears in 3 contracts
Samples: Credit Agreement (Sonat Inc), Credit Agreement (Sonat Inc), Credit Agreement (Sonat Inc)
Limitation on Types of Loans. Anything herein If on or prior to the contrary notwithstanding, if with respect to any Eurodollar Loans for first day of any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations by reason of interest rates for circumstances affecting the relevant deposits referred to in market, adequate and reasonable means do not exist for ascertaining 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 Rate for such Loans as provided in this AgreementInterest Period; or
(b) the Required Lenders Majority Banks determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on Rate plus the basis of which the rate of interest for such Loans for such Interest Period is to be determined do Applicable Margin will not accurately adequately and fairly reflect the cost to the Lenders Banks of making or maintaining such funding Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof andspecifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make Eurodollar additional Loans of such Type, continue Loans of such Type, or to Convert Base Rate convert Loans of any other Type into Eurodollar Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansLoans of the affected Type, either prepay such Loans or Convert convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this Agreement. Each Bank will use reasonable efforts to designate a different Applicable Lending Office if such designation will avoid the effects of this Section 3.4 and will not, in the judgment of such Bank, be otherwise disadvantageous to it. The Borrower hereby agrees to pay all reasonable costs and expenses incurred by any Bank in connection with any such designation.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Mens Wearhouse Inc), Revolving Credit Agreement (Mens Wearhouse Inc), Term Credit Agreement (Mens Wearhouse Inc)
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are Revolving Credit Loans, the Majority Revolving Credit Lenders determine (or, if the related Loans are Term Loans, the Majority Term Lenders determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 3 contracts
Samples: Credit Agreement (Advanstar Holdings Inc), Credit Agreement (Advanstar Inc), Credit Agreement (Applied Business Telecommunications)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "“Eurodollar Base Rate" ” in Section 1.1 hereof 1.01 are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are of a particular Class, the Majority Lenders determine (of such Class determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "“Eurodollar Base Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 hereof on 1.01 upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Borrowers and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09.
Appears in 3 contracts
Samples: Credit Agreement (Mediacom Broadband Corp), Credit Agreement (Mediacom Capital Corp), Restatement Agreement (Mediacom Broadband Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Fixed Base Rate for any Interest Period thereforpursuant to clause (b) of the definition of “Fixed Base Rate” in Section 1.01 hereof:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in clause (b) of the definition of "Eurodollar “Fixed Base Rate" ” in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such either Type of Fixed Rate Loans as provided in this Agreementherein; or
(b) the Required Lenders Majority Banks determine (or any Bank that has outstanding a Money Market Quote with respect to a LIBOR Market Loan determines), which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant rates of interest referred to in clause (b) of the definition of "Eurodollar “Fixed Base Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans (or LIBOR Market Loans, as the case may be) for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to such Banks (or to such quoting Bank, as the Lenders case may be) of making or maintaining Eurodollar Loans (or such Loans LIBOR Market Loan, as the case may be) for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders obligation of the Banks to make additional Eurodollar Loan, to Convert Base Rate Loans into Eurodollar Loans, or to Continue Eurodollar Loans shall be suspended, in which case the provisions of Section 5.04 shall be applicable (or, in the case of a LIBOR Market Loan, such quoting Bank shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementLIBOR Market Loan).
Appears in 3 contracts
Samples: Revolving Credit Agreement (Motorola Solutions, Inc.), Revolving Credit Agreement (Motorola Solutions, Inc.), Revolving Credit Agreement (Motorola Solutions, Inc.)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforFixed Rate Loans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "“Eurodollar Base Rate" ” in Section 1.1 1.01 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "“Eurodollar Base Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 1.01 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Fixed Rate Loans of the relevant Type or to Convert convert Base Rate Loans into Eurodollar Fixed Rate Loans of the relevant Type and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansFixed Rate Loans of the relevant Type, either prepay such Loans or Convert convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 2 contracts
Samples: Credit Agreement (RPM International Inc/De/), Credit Agreement (RPM International Inc/De/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (reasonably determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are Series A Loans, the Majority Series A Lenders determine (or, if the related Loans are Series B Loans, the Majority Series B Lenders reasonably determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Be Aerospace Inc), Credit Agreement (Be Aerospace Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Fixed Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar “Fixed Base Rate" ” in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Fixed Rate Loans as provided in this Agreementherein; or
(b) the Required Lenders Majority Banks determine (or any Bank that has outstanding a Money Market Quote with respect to a LIBOR Market Loan determines), which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar “Fixed Base Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans (or LIBOR Market Loans, as the case may be) for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks (or to such quoting Bank) of making or maintaining such Eurodollar Loans (or LIBOR Market Loans, as the case may be) for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks (or such quoting Bank) shall be under no obligation to make Fixed Rate Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the relevant Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (American General Finance Corp), 364 Day Credit Agreement (American General Finance Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforthat are Eurocurrency Loans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Eurocurrency Base Rate" in Section 1.1 1.01 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Eurocurrency Base Rate" in Section 1.1 hereof on 1.01 thereof upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Eurocurrency Loans or to Convert Base Rate convert ABR Loans into Eurodollar Eurocurrency Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Eurocurrency Loans, either prepay such Loans or Convert convert such Loans into Base Rate ABR Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Iron Mountain Inc/Pa), Credit Agreement (Iron Mountain Inc/Pa)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (Majority Banks determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to be adequate to cover the cost to the Lenders such Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Forest Oil Corp), Credit Agreement (Forest Oil Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the Administrative case may be) the Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do not accurately reflect adequately cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 2 contracts
Samples: Third Amended and Restated Credit Agreement (Cornell Corrections Inc), Credit Agreement (Cornell Corrections Inc)
Limitation on Types of Loans. Anything herein If prior to the contrary notwithstanding, if with respect to any Eurodollar Loans for first day of any Interest Period thereforPeriod:
(ai) the Administrative Agent determines shall have determined (which determination shall be conclusive and binding absent manifest error) that quotations adequate and reasonable means (including, without limitation, by means of interest rates an Interpolated Rate), do not exist for ascertaining the relevant deposits referred to in Eurocurrency Base Rate, the definition of "Eurodollar Eurocurrency Rate" in Section 1.1 hereof are not being provided in , the relative amounts CDOR Rate or for the relative maturities for purposes of determining the rate of interest BBSY Rate, as applicable, for such Loans as provided in this AgreementInterest Period; or
(bii) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar “Eurocurrency Base Rate" ”, “CDOR Rate” or "Adjusted Eurodollar “BBSY Rate" ” in Section 1.1 hereof on 1.01 upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each applicable Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Eurocurrency Loans, CDOR Loans or BBSY Loans, as the case may be, or to Convert Base Rate convert ABR Loans into Eurodollar Eurocurrency Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Eurocurrency Loans, CDOR Loans or BBSY Loans, as the case may be, either prepay such Loans or Convert convert such Loans (in the case of Dollar-denominated Eurocurrency Loans) into Base Rate ABR Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Iron Mountain Inc), Credit Agreement (Iron Mountain Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required The Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition definitions of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof (describing the circumstances giving rise to such event) and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans or Loans, to Continue Eurodollar Loans, to Convert Base Rate Loans of another Type into Eurodollar Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, Loans either prepay such Eurodollar Loans or Convert such Eurodollar Loans into Base Rate Loans of another Type in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 2 contracts
Samples: Supplemental Credit Agreement (Suiza Foods Corp), Supplemental Credit Agreement (Suiza Foods Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Rate for any Interest Period thereforPeriod:
(ai) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "“Eurodollar Rate" ” in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Loans as provided in this Agreementherein; or
(bii) the Required Lenders determine (Majority Banks determine, acting reasonably, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "“Eurodollar Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Loans for such Interest Period is to be determined do are not accurately reflect likely to be adequate to cover the cost to the Lenders such Banks of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Bank prompt notice thereof andthereof, and each Bank shall determine (and shall certify from time to time in a certificate delivered by such Bank to the Administrative Agent setting forth in reasonable detail the basis of the computation of such amount) the rate basis reflecting the cost to such Bank of funding its Loan for such Interest Period for so long as such condition remains in effect, the Lenders and such rate basis shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and binding upon the Borrower shall, and shall apply in lieu of the Eurodollar Rate for such Interest Period (such certification to be conclusive and binding on the last day(s) Borrower in the absence of manifest error); provided that the then current Interest Period(s) for rate basis certified by each Bank to the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans Administrative Agent in accordance with the terms of this AgreementSection shall be determined by such Bank in good faith and acting reasonably.
Appears in 2 contracts
Samples: Credit Agreement (Gran Tierra Energy, Inc.), Credit Agreement (Gran Tierra Energy, Inc.)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate ABR Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate ABR Loans in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Dynamex Inc), Credit Agreement (Dynamex Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect no more than six separate Loans, including LIBO Rate Loans, shall be outstanding at any one time, with, for purposes of this Section, all Floating Rate Loans constituting one Loan, and all LIBO Rate Loans for the same Interest Period constituting one Loan. Anything herein to the contrary notwithstanding, if, on or prior to the determination of any Eurodollar Loans interest rate for any LIBO Rate Loan for any Interest Period therefor:
(a) the Administrative Agent Lender determines (which determination shall be conclusive conclusive, absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBO Rate" in Section 1.1 hereof 1.2 are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans Loan as provided in this Agreement; or
(b) the Required Lenders determine Lender determines (which determination shall be conclusive conclusive, absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar LIBO Rate" in Section 1.1 hereof on 1.2 upon the basis of which the rate of interest for such Loans Loan for such Interest Period is to be determined do not accurately reflect adequately cover the cost to the Lenders Lender of making or maintaining such Loans Loan for such Interest Period; , then the Administrative Agent Lender shall give the Borrower prompt notice thereof and, thereof; and so long as such condition remains in effect, the Lenders Lender shall be under no obligation to make Eurodollar LIBO Rate Loans or to Convert Base convert Floating Rate Loans into Eurodollar Loans LIBO Rate Loans, and the Borrower shall, on the last day(s) day of the then current Interest Period(s) Period for the each outstanding Eurodollar LoansLIBO Rate Loan, either prepay such Loans LIBO Rate Loan or Convert convert such Loans Loan into Base a Floating Rate Loans Loan in accordance with the terms of this AgreementSection 2.12.
Appears in 2 contracts
Samples: Credit Agreement (Exploration Co of Delaware Inc), Credit Agreement (Harken Energy Corp)
Limitation on Types of Loans. Anything herein If on or prior to the contrary notwithstanding, if with respect to any Eurodollar Loans for first day of any Interest Period thereforfor any Eurodollar Rate Borrowing:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) that quotations by reason of interest rates for circumstances affecting the relevant deposits referred to in market, adequate and reasonable means do not exist for ascertaining 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 Rate for such Loans as provided in this AgreementInterest Period; or
(b) the Required Determining Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do Rate will not accurately adequately and fairly reflect the cost to the Lenders of making or maintaining such Loans funding Eurodollar Rate Borrowings for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof andspecifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to make fund additional Eurodollar Loans Rate Borrowings, continue Eurodollar Rate Borrowings, or to Convert convert Base Rate Loans Borrowings into Eurodollar Loans Rate Borrowings, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansRate Borrowings, either prepay such Loans Borrowings or Convert convert such Loans Borrowings into Base Rate Loans Borrowings in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: 364 Day Revolving Credit and Term Loan Agreement (Mci Worldcom Inc), 364 Day Revolving Credit and Term Loan Agreement (Worldcom Inc /Ga/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) with respect to the Loans of any Class, the Required Lenders of such Class determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each of the Lenders which are to make or hold such Loans prompt notice thereof andthereof, and so long as such condition remains in effect, the such Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansLoans held by such Lenders, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 2 contracts
Samples: Credit Agreement (Journal Register Co), Credit Agreement (Journal Register Co)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect no more than five (5) separate Eurodollar Rate Loans shall be outstanding at any one time, with, for purposes of this Section 2.4, all Eurodollar Rate Loans for the same Interest Period constituting one Eurodollar Rate Loan. Anything herein to the contrary notwithstanding, if, on or prior to the determination of any interest rate for any Eurodollar Loans Rate Loan for any Interest Period therefor:
(a) the Administrative Agent determines shall have determined (which determination shall be conclusive and binding upon the Borrower absent manifest error) that quotations that, by reason of interest rates for circumstances affecting the relevant deposits referred to in market, adequate and reasonable means do not exist for ascertaining 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 Rate for such Loans as provided in this AgreementInterest Period; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent shall have received notice from the Majority Lenders that the relevant rates of interest referred Eurodollar Rate determined or to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans be determined for such Interest Period is to be determined do will not accurately adequately and fairly reflect the cost to the such Lenders (as conclusively certified by such Lenders) of making or maintaining such their affected Loans for during such Interest Period; then the Administrative Agent shall give the Borrower and the Lenders prompt notice thereof and, thereof; and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Rate Loans or to Convert convert Alternative Base Rate Loans into Eurodollar Loans Rate Loans, and the Borrower shall, on the last day(s) day of the then current Interest Period(s) Period for the each outstanding Eurodollar LoansRate Loan, either prepay such Loans Eurodollar Rate Loan or Convert convert such Loans Loan into an Alternative Base Rate Loans Loan in accordance with the terms of this AgreementSection 2.13.
Appears in 2 contracts
Samples: Debt Agreement (Swift Energy Co), Debt Agreement (Swift Energy Co)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines in good faith (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof are not being provided by the Reference Banks in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Lenders Majority Banks determine in good faith (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the Lenders such Banks of making or maintaining such Loans for such Interest PeriodPeriods therefor; or
(c) Administrative Agent determines in good faith (which determination shall be conclusive) that by reason of circumstances affecting the interbank Dollar market generally, deposits in United States dollars in the relevant interbank Dollar market are not being offered for the applicable Interest Period and in an amount equal to the amount of the Eurodollar Loan requested by the Company; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof Company and each Bank thereof, and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into (but shall maintain until the end of the Interest Period then in effect the Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreementoutstanding).
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Ocean Energy Inc /Tx/), Revolving Credit Agreement (Ocean Energy Inc /Tx/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Base Rate for any Interest Period therefor:for any Eurodollar Loan;
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof 1.01 are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Revolving Credit Lenders determine (in the case of Revolving Credit Loans) or the Majority Term Loan Lenders (in the case of Term Loans) determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on 1.01 upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.08.
Appears in 2 contracts
Samples: Credit Agreement (International Telecommunication Data Systems Inc), Credit Agreement (International Telecommunication Data Systems Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforFixed Rate Loans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar CD Base Rate" or "Eurodollar Base Rate", as the case may be, in Section 1.1 1.01 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar CD Base Rate" or "Adjusted Eurodollar Base Rate" ", as the case may be, in Section 1.1 1.01 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Fixed Rate Loans of the relevant Type or to Convert convert Base Rate Loans into Eurodollar Fixed Rate Loans of the relevant Type and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansFixed Rate Loans of the relevant Type, either prepay such Loans or Convert convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 2 contracts
Samples: Credit Agreement (RPM Inc/Oh/), Credit Agreement (RPM Inc/Oh/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the LIBOR Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof LIBOR Rate are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (any Lender determines, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on LIBOR Rate upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the Libor Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(ai) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof Libor Base Rate are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(bii) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on Libor Base Rate upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Alternate Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 2 contracts
Samples: Loan Agreement (Shurgard Storage Centers Inc), Loan Agreement (Shurgard Storage Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Prime Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Prime Rate Loans in accordance with the terms of this Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Net2000 Communications Inc), Credit Agreement (Net2000 Communications Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this herein; or Credit Agreement; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to be adequate to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Samples: Credit Agreement (Thai Romo LTD)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 1 contract
Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative The Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Prime Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Prime Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Mail Well Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative The Agent determines (which determination shall be conclusive absent manifest errorconclusive) 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 Eurodollar Loans as provided in this Agreement; or
(b) the Required Lenders Banks determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Borrowers prompt notice thereof andspecifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans or to Convert Alternate Base Rate Loans into Eurodollar Loans and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into Alternate Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent reasonably determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative The Agent reasonably determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders reasonably determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower F.Y.I. prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Prime Rate Loans into Eurodollar Loans and the Borrower F.Y.I. shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Prime Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Fyi Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this herein; or Credit Agreement; or
(b) if the Required Lenders determine (Majority Banks in good faith determine, which determination shall otherwise be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.07 hereof.
Appears in 1 contract
Samples: Credit Agreement (Enhance Financial Services Group Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.Credit Agreement ----------------
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the ---------------------------- contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the ----------- rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Cais Internet Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) clause (b) of the definition of "Eurodollar Base Rate" in Section 1.01 hereof is the basis for determining rates of interest for Eurodollar Loans and the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof said clause (b) are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (in good faith, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof 1.01 are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders Majority Banks determine (in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on 1.01 upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into Base Rate Loans in accordance with the terms of this AgreementSection 3.03.
Appears in 1 contract
Samples: Cash Collateral Agreement (Penncorp Financial Group Inc /De/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the LIBOR Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Collateral Agent determines (determines, which determination shall be conclusive absent manifest error) , that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBOR Rate" in Section 1.1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Collateral Agent that the relevant rates of interest referred to in the definition of "Eurodollar LIBOR Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Collateral Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Alternate Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (in good faith, which determination shall be conclusive absent manifest error) 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 relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to continue Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be converted into Base Rate Loans in accordance with the terms of this AgreementSection 3.4.9 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein If on or prior to the contrary notwithstanding, if with respect to any Eurodollar Loans for first day of any Interest Period thereforfor any Eurodollar Rate Loan or Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate:
(a) the Administrative Agent reasonably determines (which determination shall be conclusive absent manifest errorconclusive) that quotations by reason of interest rates for circumstances affecting the relevant deposits referred to in market, adequate and reasonable means do not exist for ascertaining the definition of "Eurodollar Revolver Rate or Eurodollar Competitive Rate" in Section 1.1 hereof are not being provided in , as the relative amounts or for the relative maturities for purposes of determining the rate of interest case may be, for such Loans as provided in this AgreementInterest Period; or
(b) the Required Lenders determine in good faith (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in Eurodollar Revolver Rate or Eurodollar Competitive Rate, as the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do case may be, will not accurately adequately and fairly reflect the cost to the Lenders of making funding Eurodollar Rate Loans or maintaining such Loans Competitive Bid Loan bearing interest at a Eurodollar Competitive Rate for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof andspecifying the relevant Type of Loans and the relevant amounts or periods, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar additional Loans of such Type, Continue Loans of such Type, or to Convert Base Rate Loans of any other Type into Eurodollar Loans of such Type and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansLoans of the affected Type, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the Eurocurrency Rate for any Interest Period therefor:for any Eurocurrency Loan;
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Eurocurrency Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative CREDIT AGREEMENT relevant maturities for purposes of determining the rate rates of interest for such Eurocurrency Loans as provided in this Agreementherein; or
(b) if the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Eurocurrency Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurocurrency Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurocurrency Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar additional Eurocurrency Loans, to Continue Eurocurrency Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Eurocurrency Loans, either prepay such Loans or or, in the case of Eurodollar Loans, Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 1 contract
Samples: Credit Agreement (Panavision Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforthat are Eurocurrency Loans, CDOR Loans or BBSY Loans:
(a1) the Administrative Agent determines shall have determined (which determination shall be conclusive and binding absent manifest error) that quotations adequate and reasonable means (including, without limitation, by means of interest rates an Interpolated Rate) do not exist for ascertaining the relevant deposits referred to in Eurocurrency Base Rate, the definition of "Eurodollar Eurocurrency Rate" in Section 1.1 hereof are not being provided in , the relative amounts CDOR Rate or for the relative maturities for purposes of determining the rate of interest BBSY Rate, as applicable, for such Loans as provided in this AgreementInterest Period; or
(b2) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar “Eurocurrency Base Rate" ”, “CDOR Rate” or "Adjusted Eurodollar “BBSY Rate" ” in Section 1.1 hereof on 1.01 upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Eurocurrency Loans, CDOR Loans or BBSY Loans, as the case may be, or to Convert Base Rate convert ABR Loans into Eurodollar Eurocurrency Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Eurocurrency Loans, CDOR Loans or BBSY Loans, as the case may be, either prepay such Loans or Convert convert such Loans (in the case of Dollar-denominated Eurocurrency Loans) into Base Rate ABR Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 1 contract
Samples: Credit Agreement (Iron Mountain Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the The Administrative Agent reasonably determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders reasonably determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "“Eurodollar Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower SOURCECORP prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower SOURCECORP shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Sourcecorp Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative The Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the The Required Lenders Banks determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders such Banks of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof andthen, for so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make or Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last calendar day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company Credit Agreement 33 - 29 - shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Samples: Credit Agreement (Iridium World Communications LTD)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Base Rate under the second sentence of the definition of the term "Eurodollar Base Rate" in Section 1.01 hereof for any Interest Period therefor:for any Eurodollar Loan; Credit Agreement
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the second sentence of the definition of the term "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are Revolving Credit Loans, the Majority Revolving Credit Lenders determine (or, if the related Loans are Term Loans, the Majority Term Loan Lenders, determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the second sentence of the definition of the term "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 1 contract
Samples: Credit Agreement (Advo Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 SECTION 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 SECTION 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do not accurately reflect adequately cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSECTION 2.08 hereof.
Appears in 1 contract
Samples: Fourth Amended and Restated Credit Agreement (Cornell Companies Inc)
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the Libor Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof Libor Base Rate are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on Libor Base Rate upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Alternate Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 1 contract
Samples: Loan Agreement (Center Trust Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a1) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b2) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Prime Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Prime Rate Loans in accordance with the terms of this Agreement.
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Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the Administrative case may be) the Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do not accurately reflect adequately cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.07 hereof.
Appears in 1 contract
Samples: Subordinated Bridge Loan Agreement (Cornell Corrections Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the LIBO Rate for any Interest Applicable Period thereforor the BA Discount Rate for any BA Loan:
(a) the Administrative Agent determines (determines, in the case of Eurodollar Loans, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBO Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreement; orherein;
(b) the Required Lenders determine (Administrative Agent determines in the case of BA Loans, which determination shall be conclusive absent manifest errorconclusive, that quotations for 30-day discount rates for Cdn Dollar bankers' acceptances referred to in the definition of CDOR Rate are not available;
(c) the Majority Banks determine, which determination shall be conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant -28- rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar LIBO Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Applicable Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks (or to such quoting Bank) of making or maintaining such Eurodollar Loans for such Interest Applicable Period; then the Administrative Agent shall give the Borrower and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks (or such quoting Bank) shall be under no obligation to make Eurodollar additional Loans of such Type, to Continue Loans of such Type or to Convert Base Rate Loans of any other Type into Eurodollar Loans of such Type, and the each Borrower shall, on the last day(s) of the then current Interest Applicable Period(s) for the outstanding Eurodollar LoansLoans of such Type, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Samples: Credit Agreement (Bowater Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of Credit Agreement interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to be adequate to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
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Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) is advised by the Reference Bank that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such any Eurodollar Loans or LIBOR Market Loans as provided in this Agreementherein; or
(b) if the Required related Loans are Syndicated Loans, the Majority Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Type of Loans for such Interest PeriodPeriod (which determination by the Majority Lenders shall be conclusive); then the Administrative Agent shall give the each affected Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar additional Loans of such Type, to Continue Loans of such Type or to Convert Base Rate Loans of any other Type into Eurodollar Loans of such Type, and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LoansLoans of such Type, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.10.
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Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforthat are Eurocurrency Loans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Eurocurrency Base Rate" in Section 1.1 1.01 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Eurocurrency Base Rate" in Section 1.1 hereof on 1.01 thereof upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the relevant Borrower prompt notice thereof andand each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Eurocurrency Loans or to Convert Base Rate convert ABR Loans into Eurodollar Eurocurrency Loans and the relevant Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Eurocurrency Loans, either prepay such Loans or Convert convert such Loans into Base Rate ABR Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not nor being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required Lenders determine (Majority Banks in good faith determine, which determination shall otherwise be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.07 hereof.
Appears in 1 contract
Samples: Credit Agreement (Enhance Financial Services Group Inc)
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative The Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the ----------- rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Prime Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Prime Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Mail Well I Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines in good faith (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof are not being provided by the Reference Lenders in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Majority Lenders determine in good faith (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; or
(c) Administrative Agent determines in good faith (which determination shall be conclusive) that by reason of circumstances affecting the interbank Dollar market generally, deposits in United States dollars in the relevant interbank Dollar market are not being offered for the applicable Interest Period and in an amount equal to the amount of the Eurodollar Loan requested by the Company; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof Company and each Lender thereof, and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into with the applicable Interest Period (but shall maintain until the end of the Interest Period then in effect the Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreementoutstanding).
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section SECTION 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any interest rate for any Eurodollar Loans Loan for any Interest Period therefor:
(a) the Administrative Agent Bank determines in good faith (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits deposit referred to in the definition of "the Eurodollar Rate" Rate in Section 1.1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans Eurodollar Loan as provided in this Agreement; or
(b) the Required Lenders determine Bank determines in good faith (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "the Eurodollar Rate" or "Adjusted Eurodollar Rate" Rate in Section 1.1 hereof on upon the basis of which the rate of interest for such Loans Eurodollar Loan for such Interest Period is to be determined do not accurately reflect the cost to the Lenders Bank of making or maintaining such Loans Eurodollar Loan for such Interest Period; then the Administrative Agent Bank shall give the Borrower prompt notice thereof andthereof, and so long as such condition remains in effect, (i) the Lenders Bank shall be under no obligation to make Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans Loans, (ii) each request for a Eurodollar Loan from the Bank shall instead be deemed to be a request for a Base Rate Loan, and (iii) the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Eurodollar Loans or Convert convert such Eurodollar Loans into Base Rate Loans in accordance with the terms of this AgreementSection 4.4 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the ---------------------------- contrary notwithstanding, if with respect , on or prior to any the determination of the Eurodollar Loans Base Rate for any Interest Period therefor:for any Loan;
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) , that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof 1.01 are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) , and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on 1.01 upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.09.
Appears in 1 contract
Samples: Credit Agreement (Premier Parks Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (Majority Banks determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Samples: Credit Agreement (Fidelity National Financial Inc /De/)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the Libor Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof Libor Base Rate are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on Libor Base Rate upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Alternate Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 1 contract
Samples: Loan Agreement (Center Trust Inc)
Limitation on Types of Loans. (a) Anything herein to the contrary notwithstanding, if with respect on or prior to the determination of any Eurodollar Loans Rate for any Interest Period therefor:
(a) Period, the Administrative Agent determines (in good faith, which determination shall be conclusive absent manifest error) 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 relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
or (b) the Required Lenders determine (in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to continue Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be converted into Base Rate Loans in accordance with the terms of this AgreementSection 3.4.9 hereof.
Appears in 1 contract
Limitation on Types of Loans. (a) Anything herein to the contrary notwithstanding, if with respect on or prior to the determination of any Eurodollar Loans Rate for any Interest Period therefor:
(a) Period, the Administrative Agent determines (in good faith, which determination shall be conclusive absent manifest error) 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 relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
or (b) the Required Lenders determine (in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "“Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on ” upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to continue Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be converted into Base Rate Loans in accordance with the terms of this AgreementSection 3.4.8 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the The Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) 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 Eurodollar Loans as provided in this Agreement; or
(b) the Required Lenders Banks determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof andspecifying the relevant amounts or periods, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Eurodollar Loans or Convert such Eurodollar Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the ---------------------------- contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Base Rate for any Interest Period therefor:for any Eurodollar Loan;
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) , that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof 1.01 are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) , and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on 1.01 upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.10.
Appears in 1 contract
Samples: Credit Agreement (Premier Parks Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest PeriodLoans; then the Administrative Agent shall give the Borrower Borrowers prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the Libor Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof Libor Base Rate are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on Libor Base Rate upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Borrowers and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Alternate Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (reasonably and in good faith, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (reasonably and in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to adequately cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with Section 2.08 hereof. Upon such condition ceasing to be in effect, the terms Administrative Agent or the Majority Lenders (through the Agent), as the case may, shall notify the Company thereof, whereupon each Lender's Base Rate Loans shall automatically be Converted, on the date three Business Days after the date of this Agreementsuch notice, into Eurodollar Loans.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) if made in good faith, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are Revolving Credit Loans, the Majority Revolving Credit Lenders determine (or, if the related Loans are Term Loans, the Majority Term Loan Lenders determine, which determination shall be conclusive absent manifest error) if made in good faith, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with Section 2.09 hereof. The Administrative Agent shall upon notice from the terms of Majority Lenders that any such conditions are no longer in effect promptly withdraw any such notice delivered in connection with this AgreementSection 5.02.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar LIBOR Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be made reasonably and in good faith and shall be conclusive absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBOR 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine any Bank determines (which determination shall be in good faith and shall be conclusive absent manifest error) and notify the notifies Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar LIBOR Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders such Bank of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders such Bank shall be under no obligation to make Eurodollar LIBOR Loans or to Convert Base Rate Loans into Eurodollar LIBOR Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LIBOR Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the each Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the each Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any Eurodollar Loans the determination of the Libor Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) after making reasonable efforts, the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) that , that, as a result of circumstances arising after the Closing Date, quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 hereof Libor Base Rate are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) , and notify the Administrative Agent that that, as a result of circumstances arising after the Closing Date, the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on Libor Base Rate upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be automatically Converted into Alternate Base Rate Loans in accordance with the terms of this AgreementLoans.
Appears in 1 contract
Samples: Loan Agreement (Douglas Emmett Inc)
Limitation on Types of Loans. (a) Anything herein to the contrary notwithstanding, if with respect on or prior to the determination of any Eurodollar Loans LIBOR Rate for any Interest Period therefor:
(a) Period, the Administrative Agent determines (in good faith, which determination shall be conclusive absent manifest error) 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 relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
or (b) the Required Lenders determine (in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar LIBOR Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Representative and each Lender prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to continue Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be converted into Base Rate Loans in accordance with the terms of this AgreementSECTION 3.4.7 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines in good faith (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof are not being provided by the Reference Banks in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Lenders Majority Banks determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the Lenders such Banks of making or maintaining such Loans for such Interest PeriodPeriods therefor; or
(c) Agent determines in good faith (which determination shall be conclusive) that by reason of circumstances affecting the interbank Dollar market generally, deposits in United States dollars in the relevant interbank Dollar market are not being offered for the applicable Interest Period and in an amount equal to the amount of the Eurodollar Loan requested by the Company; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof Company and each Bank thereof, and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into (but shall maintain until the end of the Interest Period then in effect the Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreementoutstanding).
Appears in 1 contract
Limitation on Types of Loans. Anything herein If prior to the contrary notwithstanding, if with respect to any Eurodollar Loans for first day of any Interest Period thereforPeriod:
(ai) the Administrative Agent determines shall have determined (which determination shall be conclusive and binding absent manifest error) that quotations adequate and reasonable means (including, without limitation, by means of interest rates an Interpolated Rate), do not exist for ascertaining the relevant deposits referred to in Eurocurrency Base Rate or the definition of "Eurodollar Eurocurrency 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 , as applicable, for such Loans as provided in this AgreementInterest Period; or
(bii) the Required Majority Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar “Eurocurrency Base Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 hereof on 1.01 upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andParent and each applicable Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Eurocurrency Loans or to Convert Base Rate convert ABR Loans into Eurodollar Eurocurrency Loans and the Borrower Parent shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, Eurocurrency Loans either prepay such Loans or Convert convert such Loans into Base Rate ABR Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to be adequate to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.08 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar LIBOR Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be made reasonably and in good faith and shall be conclusive absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBOR Rate" in Section 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine any Bank determines (which determination shall be in good faith and shall be conclusive absent manifest error) and notify the Administrative notifies Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar LIBOR Rate" in Section SECTION 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders such Bank of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders such Bank shall be under no obligation to make Eurodollar LIBOR Loans or to Convert Base Rate Loans into Eurodollar LIBOR Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LIBOR Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Frozen Food Express Industries Inc)
Limitation on Types of Loans. Anything herein to the ---------------------------- contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative The Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the The Required Lenders Participants determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower Lessor prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base convert Prime Rate Loans into Eurodollar Loans and the Borrower Lessor shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert convert such Loans into Base Prime Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative Credit Agreement relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are of a particular Class, the Majority Lenders determine (of such Class determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Borrowers and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) 4.9.1. the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such any Eurodollar Loans as provided in this Agreementherein; or
(b) 4.9.2. the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do not accurately reflect adequately cover the cost to the such Lenders (or to such quoting Lender) of making or maintaining such Type of Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders (or such quoting Lender) shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.07 hereof.
Appears in 1 contract
Samples: Credit Agreement (Clientlogic Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period thereforLIBOR Loans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar LIBOR 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar LIBOR Rate" or "Adjusted Eurodollar LIBOR Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest PeriodLoans; then the Administrative Agent shall give the Borrower Borrowers prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar LIBOR Loans or to Convert Base Rate Loans into Eurodollar LIBOR Loans and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar LIBOR Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if if, with respect to any Eurodollar Loans for any Interest Period thereforLoans:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar RateEURODOLLAR BASE RATE" in Section 1.1 1.01 hereof are not being provided available in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate of interest for such Loans for Interest Periods therefor as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar RateEURODOLLAR BASE RATE" in Section 1.1 1.01 hereof on upon the basis of which the rate rates of interest for such Loans for such Interest Period is are to be determined do not accurately reflect the cost to the such Lenders of making or maintaining such Loans for such Interest PeriodPeriods therefor; then the Administrative Agent shall give promptly notify the Borrower prompt notice thereof andCompany and each Lender thereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 3.02 hereof.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest errorconclusive) that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required Lenders determine (which determination shall be conclusive absent manifest errorconclusive) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" Base Rate in Section 1.1 hereof on this Agreement upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to adequately cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt Company and each Lender notice thereof andthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then then-current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.2.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for ----------- such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Ipcs Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (in good faith, which determination shall be conclusive absent manifest error) 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 relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (in good faith, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely to cover adequately the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Lender prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to continue Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans shall be converted into Base Rate Loans in accordance with the terms of this AgreementSection 3.4.10 hereof.
Appears in 1 contract
Samples: Credit Agreement (Internationale Nederlanden Capital Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) 3.10.1. the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such any Eurodollar Loans as provided in this Agreementherein; or
(b) 3.10.2. the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do not accurately reflect adequately cover the cost to the such Lenders (or to such quoting Lender) of making or maintaining such Type of Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders (or such quoting Lender) shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.07 hereof.
Appears in 1 contract
Samples: Credit Agreement (Clientlogic Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent if made in good faith and in the absence of manifest error) , 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 relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (Banks determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and each Bank prompt notice thereof andthereof, and so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans, to convert Eurodollar Loans into new Eurodollar Loans or to Convert convert Base Rate Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.7.
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Samples: Revolving Credit and Term Loan Agreement (Amerus Life Holdings Inc)
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if with respect if, on or prior to the determination of any Eurodollar Loans Base Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) if the Required related Loans are of a particular Class, the Majority Lenders determine (of such Class determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Borrowers and each Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans into Eurodollar Loans Loans, and the Borrower Borrowers shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans in accordance with the terms of this AgreementSection 2.09 hereof.
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Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Rate for any Interest Period thereforPeriod:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "“Eurodollar Rate" ” in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Majority Lenders determine (determine, which determination shall be conclusive absent manifest error) conclusive, and notify (or notifies, as the case may be) the Administrative Agent that the relevant rates of interest referred to in the definition of "“Eurodollar Rate" or "Adjusted Eurodollar Rate" ” in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do will not accurately adequately and fairly reflect the cost to the such Lenders of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower and Lender prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate their Loans into or Continue their Loans as Eurodollar Loans and the Borrower any Loans that are Eurodollar Loans shall, on the last day(s) day of the then current Interest Period(s) for the outstanding Eurodollar LoansPeriod therefor, either prepay such Loans or Convert such Loans be Converted into Base Rate Loans in accordance with the terms of this AgreementLoans.
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Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if with respect to any Eurodollar Loans for any Interest Period therefor:
(a) the Administrative Agent determines (which determination shall be conclusive absent manifest error) 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 Loans as provided in this Agreement; or
(b) the Required Lenders determine (which determination shall be conclusive absent manifest error) and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Rate" in Section 1.1 hereof on the basis of which the rate of interest for such Loans for such Interest Period is to be determined do not accurately reflect the cost to the Lenders of making or maintaining such Loans for such Interest Period; then the Administrative Agent shall give the Borrower prompt notice thereof and, so long as such condition remains in effect, the Lenders shall be under no obligation to make Eurodollar Loans or to Convert Base Rate ABR Loans into Eurodollar Loans and the Borrower shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate ABR Loans in accordance with the terms of this Agreement.
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Samples: Credit Agreement (Dynamex Inc)
Limitation on Types of Loans. Anything herein to the contrary ----------------------------- notwithstanding, if with respect if, on or prior to any the determination of the Eurodollar Loans Base Rate for any Interest Period thereforfor any Eurodollar Loan:
(a) the Administrative Agent determines (determines, which determination shall be conclusive absent manifest error) conclusive, that quotations of interest rates for the relevant deposits referred to in the definition of "Eurodollar Base Rate" in Section 1.1 1.01 hereof are not being provided in the relative relevant amounts or for the relative relevant maturities for purposes of determining the rate rates of interest for such Eurodollar Loans as provided in this Agreementherein; or
(b) the Required Lenders determine (Majority Banks determine, which determination shall be conclusive absent manifest error) conclusive, and notify the Administrative Agent that the relevant rates of interest referred to in the definition of "Eurodollar Rate" or "Adjusted Eurodollar Base Rate" in Section 1.1 1.01 hereof on upon the basis of which the rate of interest for such Eurodollar Loans for such Interest Period is to be determined do are not accurately reflect likely adequately to cover the cost to the Lenders such Banks of making or maintaining such Eurodollar Loans for such Interest Period; then the Administrative Agent shall give the Borrower Company and each Bank prompt notice thereof and, so long as such condition remains in effect, the Lenders Banks shall be under no obligation to make additional Eurodollar Loans, to Continue Eurodollar Loans or to Convert Base Rate Loans of any other Type into Eurodollar Loans Loans, and the Borrower Company shall, on the last day(s) of the then current Interest Period(s) for the outstanding Eurodollar Loans, either prepay such Loans or Convert such Loans into Base Rate Loans another Type of Loan in accordance with the terms of this AgreementSection 2.08 hereof.
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