Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period: (1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “LIBOR Interest Rate” in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or (2) a Bank determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “LIBOR Interest Rate” in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.13.
Appears in 3 contracts
Samples: Secured Revolving Credit Agreement (Taubman Centers Inc), Secured Revolving Credit Agreement (Taubman Centers Inc), Secured Revolving Credit Agreement (Taubman Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided hereinin this Agreement; or
(2) a Bank determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.13.
Appears in 3 contracts
Samples: Loan Agreement (Taubman Realty Group LTD Partnership), Revolving Credit Agreement (Taubman Realty Group LTD Partnership), Loan Agreement (Taubman Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, if on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2) a Bank Lender determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank Lender of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks Lenders (or, in the case of the circumstances described in clause (2) above, the affected BankLender) shall be under no obligation to permit Elections of maintain the Loan at the LIBOR Loans, to Convert Base Based Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) day of the then current Interest Period(s) Period for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert convert the affected LIBOR Loans into Base Rate Prime Based Loans in accordance with Section 2.132.11.
Appears in 2 contracts
Samples: Term Loan Agreement (Acadia Realty Trust), Term Loan Agreement (Acadia Realty Trust)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest PeriodPeriod for any LIBOR-based Loan:
(1a) Administrative Agent determines (determines, which determination shall be conclusive) , that quotations of interest rates for the relevant deposits referred to in the definition of “LIBOR Interest Rate” in Section 1.01 Rate are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR LIBOR-based Loans as provided herein; or
(2b) a Bank determines (Any Lender determines, which determination shall be conclusive) , and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “LIBOR Interest Rate” in Section 1.01 Rate upon the basis of which the rate of interest for LIBOR LIBOR-based Loans for such Interest Period is to be determined do are not likely adequately to cover the cost to such Bank Lenders of making or maintaining such LIBOR Loan LIBOR-based Loans for such Interest Period; then Administrative Agent shall give Borrowers Lead Borrower and each Lender prompt notice thereofthereof and, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) Lenders shall be under no obligation to permit Elections of LIBOR make additional LIBOR-based Loans, to Convert Base Rate Loans into LIBOR Continue LIBOR-based Loans or to Continue LIBOR Convert Loans of any other Type into LIBOR-based Loans, and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR LIBOR-based Loans, either (x) prepay the affected LIBOR such Loans or (y) Convert the affected LIBOR such Loans shall be automatically Converted into Base Rate Loans in accordance with Section 2.13Loans.
Appears in 2 contracts
Samples: Term Loan Agreement (Acadia Realty Trust), Term Loan Agreement (Acadia Realty Trust)
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided hereinin this Agreement; or
(2) a Bank determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.13.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, no more than eight (8) separate Loans shall be outstanding at any one time, with, for purposes of this Section, all Floating Rate Loans constituting one Loan and each borrowing consisting of a separate LIBO Rate Loan constituting one Loan. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest any interest rate for any LIBO Rate Loan for any Interest Period:Period therefor: 1.33
(1a) Administrative Agent any Lender determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “LIBOR Interest "LIBO Rate” " in Section 1.01 1.2 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates the rate of interest for the LIBOR Loans such Loan as provided hereinin this Agreement; oror (b)
(2c) a Bank any Lender determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “LIBOR Interest "LIBO Rate” " in Section 1.01 1.2 upon the basis of which the rate of interest for LIBOR Loans such Loan for such Interest Period is to be determined do not adequately cover accurately reflect the cost to such Bank Lender of making or maintaining such LIBOR Loan for such Interest Period; , (d) (e) then such Lender shall give the Administrative Agent shall give Borrowers and the Borrower prompt notice thereof, ; and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) such Lender shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base make LIBO Rate Loans into LIBOR Loans or to Continue LIBOR convert Loans of any other type into LIBO Rate Loans, and each the Borrower shall, on the last day(s) day of the then current Interest Period(s) Period for the affected each outstanding LIBOR LoansLIBO Rate Loan, either (x) prepay the affected LIBOR Loans such LIBO Rate Loan or (y) Convert the affected LIBOR Loans convert such Loan into Base Rate Loans another type of Loan in accordance with Section 2.132.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2) a Bank determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition 28 of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.13.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, if on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2) a Bank Lender determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank Lender of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks Lenders (or, in the case of the circumstances described in clause (2) above, the affected BankLender) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or and terminate the affected Lender's Loan Commitment to the extent of such prepayment (which shall be permitted notwithstanding the provisions of clauses (y) and (z) of Section 2.10(a))or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.132.12.
Appears in 1 contract
Samples: Secured Loan Agreement (Crescent Real Estate Equities Co)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “LIBOR Interest Rate” in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2) a Bank determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “LIBOR Interest Rate” in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.13.
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Taubman Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, if on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusiveconclusive absent manifest error) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2) a Bank Lender determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank Lender of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks Lenders (or, in the case of the circumstances described in clause (2) above, the affected BankLender) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.132.11.
Appears in 1 contract
Samples: Secured Loan Agreement (Reckson Associates Realty Corp)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest PeriodPeriod for any LIBOR-based Loan:
(1a) Administrative Agent determines (determines, which determination shall be conclusive) , that quotations of interest rates for the relevant deposits referred to in the definition of “LIBOR Interest Rate” in Section 1.01 Rate are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR LIBOR-based Loans as provided herein; or
(2b) a Bank determines (the Majority Lenders determine, which determination shall be conclusive) , and promptly notifies notify Administrative Agent that the relevant rates of interest referred to in the definition of “LIBOR Interest Rate” in Section 1.01 Rate upon the basis of which the rate of interest for LIBOR LIBOR-based Loans for such Interest Period is to be determined do are not likely adequately to cover the cost to such Bank Lenders of making or maintaining such LIBOR Loan LIBOR-based Loans for such Interest Period; then Administrative Agent shall give Borrowers Borrower and each Lender prompt notice thereofthereof and, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected BankLenders subject to Section 2.9(7) shall be under no obligation to permit Elections of LIBOR make additional LIBOR-based Loans, to Convert Base Rate Loans into LIBOR Continue LIBOR-based Loans or to Continue LIBOR Convert Loans of any other Type into LIBOR-based Loans, and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR LIBOR-based Loans, either (x) prepay the affected LIBOR such Loans or (y) Convert the affected LIBOR such Loans shall be automatically Converted into Base Rate Loans in accordance with Section 2.13Loans.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, if on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2) a Bank Lender determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank Lender of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks Lenders (or, in the case of the circumstances described in clause (2) above, the affected BankLender) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.132.12.
Appears in 1 contract
Samples: Secured Loan Agreement (Crescent Real Estate Equities Co)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the any LIBOR Interest Base Rate for any Interest Period:
(1i) the Administrative Agent determines (determines, which determination shall be conclusive) , that quotations of interest rates for the relevant deposits referred to in the definition of “LIBOR Interest Base Rate” in Section 1.01 1.1 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided herein; or
(2ii) a Bank determines (if the Majority Revolving Credit Lenders determine, which determination shall be conclusive) and promptly notifies Administrative Agent , that the relevant rates of interest referred to in the definition of “LIBOR Interest Base Rate” in Section 1.01 1.1 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do are not adequately likely adequate to cover the cost to such Bank the applicable Revolving Credit Lenders of making or maintaining such LIBOR Loan Loans for such Interest Period; , then the Administrative Agent shall give Borrowers Borrower and each Revolving Credit Lender prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) Revolving Credit Lenders shall be under no obligation to permit Elections of make additional LIBOR Loans, to Continue LIBOR Loans or to Convert Alternate Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR such Loans or (y) Convert the affected LIBOR such Loans into Alternate Base Rate Loans in accordance with Section 2.132.10.
Appears in 1 contract
Limitation on Types of Loans. Anything herein to the contrary ---------------------------- notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided hereinin this Agreement; or
(2) a Bank determines (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank of making or maintaining such LIBOR Loan for such Interest Period; then Administrative Agent shall give Borrowers Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected LIBOR Loans or (y) Convert the affected LIBOR Loans into Base Rate Loans in accordance with Section 2.132.12.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Limitation on Types of Loans. Anything herein to the contrary notwithstanding, if, on or prior to the determination of the LIBOR Interest Rate for any Interest Period:
(1) the Administrative Agent determines (which determination shall be conclusive) that quotations of interest rates for the relevant deposits referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 hereof are not being provided in the relevant amounts or for the relevant maturities for purposes of determining rates of interest for the LIBOR Loans as provided hereinin this Agreement; or
(2) a Bank determines the Required Banks determine (which determination shall be conclusive) and promptly notifies Administrative Agent that the relevant rates of interest referred to in the definition of “"LIBOR Interest Rate” " in Section 1.01 hereof upon the basis of which the rate of interest for LIBOR Loans for such Interest Period is to be determined do not adequately cover the cost to such Bank the Banks of making or maintaining such LIBOR Loan Loans for such Interest Period; then the Administrative Agent shall give the Revolving Credit Borrowers and the Term Loan Borrower prompt notice thereof, and so long as such condition remains in effect, the Banks (or, in the case of the circumstances described in clause (2) above, the affected Bank) shall be under no obligation to permit Elections of make LIBOR Loans, to Convert Base Rate Loans into LIBOR Loans or to Continue LIBOR Loans and each the Revolving Credit Borrowers and the Term Loan Borrower shall, on the last day(s) of the then current Interest Period(s) for the affected outstanding LIBOR Loans, either (x) prepay the affected such LIBOR Loans or (y) Convert the affected such LIBOR Loans into a Base Rate Loans Loan in accordance with Section 2.132.14.
Appears in 1 contract
Samples: Credit Agreement (Boundless Corp)